A-9045, JULY 16, 1925, 5 COMP. GEN. 37

A-9045, JULY 16, 1925, 5 COMP. GEN. 37

CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE POSITIONS CARRYING QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED IN KIND WHEN FIELD EMPLOYEES WHOSE COMPENSATION IS SUBJECT TO ADJUSTMENT UNDER THE CLASSIFICATION ACT OF 1923, AS EXTENDED TO THE FIELD BY THE ACTS OF DECEMBER 6, 1924, 43 STAT. 704, AND JANUARY 22, 1925, 43 STAT. 764, ARE FURNISHED IN KIND ANY ITEM OF QUARTERS, MAINTENANCE, OR EQUIPMENT FOR THEIR PERSONAL USE, THEIR CASH COMPENSATION MUST BE REDUCED TO AN AMOUNT WHICH, TOGETHER WITH THE CASH VALUE OF THE ITEMS OF QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED, EQUALS THE RATE OF COMPENSATION FOR THE POSITION CORRESPONDING TO THE RATE FIXED BY THE CLASSIFICATION ACT FOR A SIMILAR POSITION IN THE DEPARTMENT SERVICE IN THE DISTRICT OF COLUMBIA. IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY, THE PRACTICE OF CONTRACTING FOR PERSONAL SERVICES IN THE FIELD PARTLY ON THE BASIS OF QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED IN KIND BY THE GOVERNMENT MUST CEASE ON JUNE 30, 1926, AND THEREAFTER COMPENSATION PAID SOLELY ON A CASH BASIS.

DECISION BY COMPTROLLER GENERAL MCCARL, JULY 16, 1925:

IN THE AUDIT OF ACCOUNTS OF DISBURSING OFFICERS OF THE BUREAUS OR DEPARTMENTS HAVING A FIELD PERSONNEL THERE IS FOR CONSIDERATION WHETHER THE EXISTING PRACTICE IN CERTAIN BUREAUS AND OFFICES OF PROVIDING FIELD EMPLOYEES WITH QUARTERS, HEAT AND LIGHT, FUEL AND HOUSEHOLD FURNISHINGS, AND EQUIPMENT FOR PERSONAL USE IN ADDITION TO THEIR CASH SALARY IS AUTHORIZED, IN THE ABSENCE OF SPECIFIC STATUTE SO PROVIDING.

FOR THE PURPOSE OF ILLUSTRATION, PARTICULAR REFERENCE MAY BE MADE TO THE WEATHER BUREAU, DEPARTMENT OF AGRICULTURE, WHICH FURNISHES LIVING QUARTERS, HEAT AND LIGHT, FOR OBSERVERS AND THEIR FAMILIES IN PLACES WHERE THEY HAVE NO GOVERNMENT-OWNED BUILDINGS; TO THE BUREAU OF ANIMAL INDUSTRY, AND THE BUREAU OF PLANT INDUSTRY, DEPARTMENT OF AGRICULTURE, WHICH FURNISH DWELLINGS AND HEAT FOR SUPERINTENDENTS OF FIELD STATIONS; AND TO THE FOREST SERVICE, DEPARTMENT OF AGRICULTURE, WHICH PROVIDES BY REGULATIONS FOR FURNISHING EMPLOYEES COOKING STOVES, KITCHEN TABLES, CUPBOARDS, GARBAGE CANS, ETC. IT IS UNDERSTOOD ALSO THAT A SIMILAR PRACTICE PREVAILS IN CERTAIN FIELD SERVICES OF THE DEPARTMENT OF THE INTERIOR AND DEPARTMENT OF COMMERCE.

APPARENTLY THE FURNISHING OF THESE ITEMS OF SUBSISTENCE OR MAINTENANCE IS CONTROLLED BY REGULATIONS IN CERTAIN OFFICES, WHILE IN OTHER OFFICES IT IS A MATTER OF PRACTICE ONLY. SECTION 1765, REVISED STATUTES, PROVIDES AS FOLLOWS:

NO OFFICER IN ANY BRANCH OF THE PUBLIC SERVICE, OR ANY OTHER PERSON WHOSE SALARY, PAY, OR EMOLUMENTS ARE FIXED BY LAW OR REGULATIONS, SHALL RECEIVE ANY ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION, IN ANY FORM WHATEVER, FOR THE DISBURSEMENT OF PUBLIC MONEY OR FOR ANY OTHER SERVICE OR DUTY WHATEVER, UNLESS THE SAME IS AUTHORIZED BY LAW AND THE APPROPRIATION THEREFOR EXPLICITLY STATES THAT IT IS FOR SUCH ADDITIONAL PAY, EXTRA ALLOWANCE, OR COMPENSATION.

THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, APPROPRIATED FUNDS UNDER SPECIFIC HEADINGS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT TO ADJUST COMPENSATION OF CIVILIAN EMPLOYEES IN THE FIELD SERVICES FOR WHICH APPROPRIATIONS WERE THEREIN PROVIDED TO CORRESPOND TO THE RATE ESTABLISHED BY THE CLASSIFICATION ACT FOR SERVICE IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA.

THE ACT OF JANUARY 22, 1925, 43 STAT. 764, EXTENDED THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, SUPRA, UNTIL JUNE 30, 1926. SEE DECISION OF JUNE 30, 1925, 4 COMP. GEN. 1077. AS SALARIES FIXED PURSUANT TO THE CLASSIFICATION ACT ARE FIXED BY LAW WITHIN THE MEANING OF SECTION 1765, REVISED STATUTES, SO ALSO ARE SALARIES OF FIELD EMPLOYEES WHICH ARE FIXED OR "ADJUSTED" TO CORRESPOND TO SUCH RATES TO BE CONSIDERED AS FIXED BY LAW. 4 COMP. GEN. 60; ID. 818.

SECTION 5 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1490, REQUIRES A SURVEY OF THE FIELD SERVICE TO BE MADE FOR THE PURPOSE OF EXTENDING PERMANENTLY THE CLASSIFICATION ACT TO THE FIELD SERVICE.

SECTION 3 OF THE CLASSIFICATION ACT, 42 STAT. 1489, PROVIDES IN PART "THE BOARD SHALL MAKE NECESSARY ADJUSTMENTS IN COMPENSATION FOR POSITIONS CARRYING MAINTENANCE.' SEE DECISION OF JUNE 19, 1925, 4 COMP. GEN. 1051, HOLDING THAT THE BASIC SALARY, PAY, OR COMPENSATION OF POSITIONS WHICH ARE PAID PARTLY IN CASH AND PARTLY BY ITEMS OF QUARTERS, ETC., FURNISHED IN KIND, WITHIN THE MEANING OF THE CIVIL RETIREMENT ACT, IS THE RATE FIXED BY THE ADMINISTRATIVE OFFICE IN THE GRADES TO WHICH THE POSITIONS HAVE BEEN ALLOCATED, INCLUDING THE CASH SALARY PAID AND THE MONETARY VALUE OF QUARTERS, ETC., FURNISHED IN KIND. SPECIAL LEGISLATION HAS BEEN PROVIDED FOR FURNISHING QUARTERS IN KIND TO FIELD EMPLOYEES OF CERTAIN BUREAUS, NOTABLY OF THE INDIAN SERVICE, WHICH REQUIRES A CORRESPONDING ADJUSTMENT IN THE RATES OF CASH SALARY OF EMPLOYEES. SEE ACT OF JUNE 7, 1924, 43 STAT. 634.

THESE VARIOUS STATUTORY PROVISIONS JUSTIFY THE CONCLUSION THAT CONGRESS DOES NOT INTEND CIVILIAN EMPLOYEES OF THE GOVERNMENT IN THE FIELD TO BE FURNISHED ANY ITEM OF QUARTERS, MAINTENANCE, OR EQUIPMENT FOR PERSONAL USE, WHICH WOULD CONSTITUTE IN EFFECT THE FURNISHING OF AN EXTRA ALLOWANCE IN CONTRAVENTION OF THE PROVISIONS OF SECTION 1765, REVISED STATUTES, IN ADDITION TO THE COMPENSATION PROPERLY PAYABLE FOR THE POSITION, UNLESS SPECIFICALLY SO PROVIDED BY LAW, AND THEN ONLY BY REDUCING THE AMOUNT OF CASH SALARY PAID TO AN AMOUNT WHICH, TOGETHER WITH THE CASH VALUE OF THE QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED, EQUALS THE PROPER RATE OF PAY FOR THE POSITION.

IN COMPLYING WITH THE REQUIREMENTS OF THE ACT OF DECEMBER 6, 1924, AS EXTENDED UNTIL JUNE 30, 1926, BY THE ACT OF JANUARY 22, 1925, THE ADMINISTRATIVE OFFICE WILL BE REQUIRED, IN ORDER TO ADJUST THE RATES OF COMPENSATION FOR FIELD POSITIONS "TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA," TO MAKE NECESSARY ADJUSTMENTS IN THE CASH SALARY OF FIELD POSITIONS CARRYING ANY ITEM OF QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED IN KIND, EFFECTIVE WITH THE PAY PERIOD BEGINNING SUBSEQUENT TO THE DATE OF THIS DECISION.

IN VIEW OF THE LONG-STANDING PRACTICE NO OBJECTION WILL BE RAISED PRIOR TO JUNE 30, 1926, TO CONTRACTING FOR PERSONAL SERVICES IN THE FIELD PARTLY ON THE BASIS OF QUARTERS, MAINTENANCE, OR EQUIPMENT FURNISHED FOR PERSONAL USE BY THE GOVERNMENT, BUT IF IDENTICAL OR SIMILAR PROVISIONS OF LAW TO THOSE HEREIN SET FORTH ARE ENACTED FOR THE FISCAL YEAR 1927, AND IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY THEREFOR, THE PRACTICE MUST BE DISCONTINUED JUNE 30, 1926, AND THEREAFTER COMPENSATION PAID SOLELY ON A CASH BASIS.