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B-196116(RCP) 1 (1979-12-03)

handle is hein.gao/gaobacupp0001 and id is 1 raw text is: -P 0 GAO United States General Accounting Office Off ice of Washington, DC 20548 General Counsel In Reply Referto: B-196116 (RCP) DEC 3 1979 Mr. Robert N.. Baker Assistant Staff Director for Administration Federal Election Commission 24( Washington, D.C. 20463 Dear Mr. Baker: Further reference is made to your letter dated September 19, 1979, concerning thefropriety of retroactive promotion in the case of Mr. Paul R. Reyes. In view of statutory and regulatory provisions relating to our decision making authority, formal rulings and decisions of the Comptroller General are usually rendered only to heads of departments and agencies, disbursing and certifying officers, or to claimants who have filed monetary claims with our Office. See 31 U.S.C. H 74 and 82(d) (1976). Although we may not render a decision in response to your letter, the following information is provided for your assistance. If Mr. Reyes wishes to file a claim concerning this matter, it should be addressed to the Director, Claims Division, U.S. General Accounting Office, Washington, D.C. 20548. See 4 C.F.R. H§ 31.2, et seq,. Con- sideration of his claim will be expedited if it is first filed with the FEC so it can be forwarded along with the administrative report required for adjudication. You explain that Mr. Reyes was hired by the Federal Election Commission (FEC) as a temporary Public Information Clerk (GS-5 1001) in the FEC's Office of Public Records effective August 7, 1978.. On October 8, 1978, Mr. Reyes was assigned to a position in the Office of Public Communications as a Public Information Specialist (Trainee at GS-5 1081). At that time Mr. Reyes was advised by agency officials that he would be eligible for promotion to a GS-7 level within 6 months from the date (October 8, 1978) he entered Public Communications provided he successfully completed the training program. Subsequently, when Mr. Reyes' supervisor inquired concerning his potential for pro- motion at the end of 6 months, it was discovered that the training program in which Mr. Reyes was performing had in fact been discontinued in the Public Communications section effective December 19, 1977. On August 12, 1979, Mr. Reyes was promoted to the GS-7 level. Mr. Reyes has since requested that this promotion be made retroactive to April 8,

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