B-117672, DECEMBER 8, 1953, 33 COMP. GEN. 257

B-117672, DECEMBER 8, 1953, 33 COMP. GEN. 257

DISTRICT OF COLUMBIA FIREMEN - COMPENSATION - LONGEVITY INCREASES - SERVICE IN-GRADE REQUIREMENT THE LONGEVITY INCREASE AUTHORIZED BY SECTION 202 (A) OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953 FOR MEMBERS OF THE DISTRICT OF COLUMBIA FIRE DEPARTMENT ABOVE THE GRADE OF PRIVATE, CLASS 3, EXCEPT THE FIRE CHIEF, IS BASED UPON "EACH FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE," AND THEREFORE AN INSPECTOR IN THE FIRE DEPARTMENT WHO WAS PROMOTED TO THAT POSITION FROM THE GRADE OF PRIVATE IS NOT ENTITLED TO COUNT, AS CONTINUOUS SERVICE, THE COMBINED PERIOD OF SERVICE IN THE GRADES OF PRIVATE AND INSPECTOR FOR LONGEVITY PAY PURPOSES.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, DECEMBER 8, 1953:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 9, 1953, REQUESTING DECISION AS TO WHETHER AN INSPECTOR IN THE FIRE DEPARTMENT, WHO WAS PROMOTED TO THAT POSITION FROM THE GRADE OF PRIVATE EFFECTIVE AUGUST 16, 1950, MAY BE CREDITED WITH SERVICE IN THE GRADE OF PRIVATE FOR PURPOSES OF LONGEVITY INCREASES AUTHORIZED BY SECTION 202 (A) OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953, PUBLIC LAW 74, APPROVED JUNE 20, 1953, 67 STAT. 72, 74.

IT IS STATED IN YOUR LETTER THAT THE INSPECTOR INVOLVED WAS PROMOTED FROM PRIVATE, CLASS 6, WITH SALARY OF $3,754.51, TO RANK OF INSPECTOR WITH SALARY OF $3,835.77, EFFECTIVE AUGUST 16, 1950; THAT WHEN ADJUSTING HIS SALARY UNDER THE REQUIREMENT OF THE DISTRICT OF COLUMBIA POLICE AND FIREMEN'S SALARY ACT OF 1953 HE WAS NOT CREDITED WITH LONGEVITY INCREASES FOR THE REASON HE HAD NOT COMPLETED FIVE YEARS OF SERVICE IN THE RANK OF INSPECTOR; AND THAT HE IS MAKING CLAIM FOR LONGEVITY INCREASES BASED UPON HIS SERVICE AS A PRIVATE. IT APPEARS TO BE THE INSPECTOR'S CONTENTION THAT IN VIEW OF A DECISION OF THE CORPORATION COUNSEL, DISTRICT OF COLUMBIA, DATED AUGUST 6, 1946, A COPY OF WHICH ACCOMPANIED YOUR SUBMISSION, PRIVATES CAN ONLY BE ASSIGNED, AS DISTINGUISHED FROM PROMOTED, TO THE POSITION OF INSPECTOR, AND, THEREFORE, HE IS ENTITLED TO COUNT AS CONTINUOUS SERVICE FOR LONGEVITY PAY PURPOSES THE COMBINED PERIOD OF SERVICE IN THE GRADES OF PRIVATE AND INSPECTOR.

SECTION 202 (A) OF THE ACT PROVIDES THAT THE ANNUAL BASIC SALARIES OF MEMBERS OF THE FIRE DEPARTMENT ABOVE THAT OF PRIVATE, CLASS 3, EXCEPT THE FIRE CHIEF,"SHALL BE INCREASED BY $120 AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING EACH FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE, INCLUDING SERVICE IN SUCH GRADE RENDERED PRIOR TO THE EFFECTIVE DATE OF THIS ACT" SUBJECT TO CERTAIN CONDITIONS IN THE PROVISO NOT HERE MATERIAL. IT FURTHER PROVIDES THAT "SERVICE SHALL NOT BE DEEMED TO HAVE BEEN DISCONTINUED BY REASON OF ANY ASSIGNMENT (WITH AN ACCOMPANYING INCREASE IN SALARY)" PURSUANT TO SECTION 201 (B). SECTION 201 (B) AUTHORIZES, SUBJECT TO APPROVAL OF THE COMMISSIONERS, AN INCREASE OF NOT TO EXCEED $390 IN THE BASIC SALARIES OF PRIVATES OR INSPECTORS WHILE ASSIGNED TO DUTY AS TECHNICIANS.

THE INSPECTOR HERE INVOLVED WAS SERVING IN THE GRADE OF INSPECTOR ON JULY 1, 1953, THE EFFECTIVE DATE OF THE ACT, AND UNDER THE PROVISIONS THEREOF HE BECAME ENTITLED TO THE NEW ANNUAL BASIC SALARY OF $4,813 FOR THAT GRADE. THE LONGEVITY INCREASE AUTHORIZED BY SECTION 202 (A) IS BASED UPON EACH ,FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE.' THERE HAS BEEN NOTED HERE THE INSPECTOR'S CONTENTION THAT HE WAS ASSIGNED AND NOT PROMOTED TO THE GRADE OF INSPECTOR, BUT I FIND NO MERIT THEREIN SO FAR AS APPLYING THE LONGEVITY PROVISIONS OF THE CURRENT STATUTE. IN THAT CONNECTION, THE COMMISSIONERS' ORDER OF AUGUST 15, 1950, SPECIFICALLY STATES THAT THE INVOLVED INSPECTOR "IS HEREBY PROMOTED TO BE AN INSPECTOR.' FURTHERMORE, UNDER SECTION 202 (A) THE ONLY TYPE OF SERVICE WHICH IS NOT "DEEMED TO HAVE BEEN DISCONTINUED BY REASON OF ANY ASSIGNMENT" PERTAINS ONLY TO AN ASSIGNMENT UNDER SECTION 201 (B) OF "A PRIVATE OR AN INSPECTOR OF THE FIRE DEPARTMENT OF THE DISTRICT OF COLUMBIA * * * TO DUTY AS A TECHNICIAN.' NO SUCH "ASSIGNMENT" WAS MADE HERE. SINCE, THEREFORE, THE LONGEVITY INCREASE AUTHORIZED BY SECTION 202 (A) IS BASED UPON ,EACH FIVE-YEAR PERIOD OF CONTINUOUS SERVICE COMPLETED IN SUCH GRADE" AND SINCE, ALSO, THE INVOLVED INSPECTOR IS NOT ENTITLED UNDER THE PROVISIONS THEREOF TO COUNT SERVICE IN ANY OTHER GRADE, IT FOLLOWS THAT THE COMMISSIONERS WOULD NOT BE AUTHORIZED TO INCLUDE HIS SERVICE AS A PRIVATE FOR LONGEVITY PURPOSES IN THE DETERMINATION OF HIS ENTITLEMENT TO SALARY AS AN INSPECTOR.