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B-189413 1 (1978-03-14)

handle is hein.gao/gaobadfud0001 and id is 1 raw text is: I I. FILE: 8-189413 DATE: March 14, 1978 MIATTER OF: John L. Nelson, III - Compensation For Work Performed Beyond Limitation of Appointment DIGEST: Temporary employee of Department of Agriculture who wurked 4 days beyond his appointment limitation of 1CO days is entitled to be pair! for services rendered on those days as a de facto employee since the services were per- formed in good faith and under elor of authority. Matter of Timothy P. Connolly, 8-186229, June 8, 1977. This action is in response to a raquest dated June 17, 1977, reference FI-2 OCH, from Orris C. Huet, an authorized certifying officer of the Department of Agriculture, for an advqnce decision whethe- a claim submitted by Mr. John L. Nelson, III, for work performed after expiration of his temporary appointment may be certified for payment. Mr. [elson was hired as a Civil Engineer Technician by the Department of Agriculture, Forest Service, Coconino Forest, on May 19, 1975, under a 180-day appointment not to exceed May 18, 1976. On January 18, 1976, Mr. Nelson was converted to an ex- cepted conditional appointment within the provisions of the United Statca Department of Agriculture Personnel Manual para- graph 213.3113, and the not to exceed date of May 18, 1976, was dropped. HoWever, under the terms of his excepted appointment, Mr. elson still was limited to 180-days employment during any given service year. Mr. Felson's service year ended June 3, 1976. Therefore, any work performed beyond the 180-day limitation and before June 3, 1976, was not authorized by his appointment. Due to an administrative error by the PWrest Service, Mr. Nlson was permitted to work 4 days in exCess of his 180-day limitation. A Time and Attendance Reoort, which included the excess 4 days, was submitted for payment to the National Finance Center where the excess time was deleted and not paid. A memorandum dated September 8, 1976, from the Forest Super- visor, Coconino Pational Forest, states that Mr. Nelson performed 3- t *1 V I dl . =THE COMPTROLLER EckNERAL DECISION .. OF THE uNITED STATUS WASHINGTON. D. C. 20548 I I 0 I

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