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B-192372 1 (1979-01-02)

handle is hein.gao/gaobadgtj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . OF THE UNITFO STATES WASHINGTON, D.C. 20548 FILE: B-192372 DATE: January 2, 1979 MATTER OF: Rxbert Baiwi-n - Retroactive Quality Step Increasej DIGEST: Failure of the approving officer to act for almost a year upon a quality step increase (QSI) recommendation for reasons unrelated to performance was improper and tantamount to an unjustified personnel action. The QSI may be made effective retroactively under the Back Pay Act of 1966 and the implementing regulations. The Honorable Donald Kennedy, Commissioner of Food and Drugs, Department of Health, Education, and Welfare, has requested an advance decision on whether the Food and Drug Administration (FDA) has the authority to grant'a retroactive quality step increase (QSI), with backpay, to Dr. Robert Baldwin, an employee in the FDA's Division of New Animal Drugs, Bureau of Veterinary Medicine. The Commissioner's letter recognizes the general principle that salary changes cannot be made effective before the date when action is taken by the proper administrative official. However, he also refers to our rulings allowing retroactive promotions for unjustified or unwarranted personnel actions, and he believes that the delay and circumstances involved in the approval of Dr. Baldwin's QSI are sufficient to be considered as an unjustified personnel action. The circumstances referred to by Commissioner Kennedy are summarized as follows in his letter: In January 1975, Dr. Robert Baldwin testified at joint hearings before Senator Edward M. Kennedy's Subcommittee on Health and Scientific Research regarding possible problems and questionable ad- ministrative procedures within the Bureau of Veterinary Medicine. On July 24, 1975, he was recommended for a QSI by his immediate supervisor. The following day, in conformity with routin pro- cedures, the recommendation was forwarded to the approving official. However, the approving official did not approve the recommendation until July 8, 1976, almost a year later. Standard procedures of I-nl

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