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B-193605 1 (1979-01-08)

handle is hein.gao/gaobadgtx0001 and id is 1 raw text is: , j ',, DECISION 01,LER ~ N\ITZ9 FILE: B-193605 ?L.7 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: JAN 8 1979 OF: John F. Donnelly - De facto employee - Scompensation / a7 The reasonable value of his services may be paid to a claimant who served as a de facto employee performing duties in oTTth under color of authority. The claimant served at the request of agency officials who expected hiring procedures would be completed. He may be compen- sated for services rendered even though he was never appointed to the position. 55 Comp. Gen. 109 (1975). This decision is requested by the cting Chief Counsel, Office of the Chief-of EnoineersjDepartment o'fthe Army,) who believes that compensation for personal services rendered to the Corps of Engineers is payable to Mr. John F. Donnelly. The issue is whether Mr. Donnelly may be paid the reasonable value of his services as a de facto employee of the Corps of Engineers, even though he was never appointed to a position in compliance with civil service laws and regulations. Mr. Donnelly's services were performed between September 1 and November 12, 1977, for the Family Housing Division, Facilities Engineering Directorate, Corps of Engineers. Initially he was to enter into a contractual agreement as a consultant. Because his services were immediately needed, he began work before the pro- curement procedures were completed. However, on or about September 12, 1977, the Chief of the Contract and Procurement Division advised that he did not have authority to approve the con- tract with Mr. Donnelly for consultant services because directives which had been recently issued required approval for consulting services from a higher level within the the Department of Defense. A decision was then made to hire Mr. Donnelly as a temporary employee rather than as a consultant, and he continued working while his employing office carried out the necessary hiring procedures. On October 5, 1977, the Family Housing Division forwarded for approval a request for a temporary position, together with a Standard Form 52 Request for Personnel Action, a Department of the Army Form 374 MATTER DIGEST:

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