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B-188693 1 (1979-01-05)

handle is hein.gao/gaobadgua0001 and id is 1 raw text is: 0,xFR Cl THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-188693 DATE:January 5, 1979 MATTER OF: Cherrold W. Seabrook -1 ompensation for period of improper appointmen2 DJGEST: Civil Service Commission (CSC) directed cancel- lation of employee's temporary appointment at GS-6 level because of violation of CSC requirements. Since employee had basic qualification for appoint- ment and appointment was not contrary to law it was voidable only and corrective action as ordered by CSC is prospective only. 'Employee is entitled to all benefits of position to which appointed until separated or transferred. This action involves a request for a decision by (Mr. Preston David, Executive Di ector, Equal Employment Opportunity Commission (EEOC) regarding the entitlement to compensation of an employee, Ms. C errold Williams Seabrook, during a period of employment under an improper appointment. As a result of a personnel management evaluation conducted in March 1976, the Civil Service Commission (CSC) found that viola- tions of Civil Service restrictions had occurred in the temporary appointment of Ms. Seabrook to the position of Secretary (Typing), GS-318-6, and the CSC ordered the appointment terminated. The period of the improper appointment was August 4, 1974, to May 8, 1976. Ms. Seabrook was converted to reinstatement under merit staffing to the position of Equal Employment Technician, GS-301-5, on May 9, 1976. Additionally, it is noted that Ms. Seabrook was initially appointed in EEOC without a break in service from the Office of Minority Business Enterprise (OMBE), where she was serving under a career appointment as a Clerk-Stenographer, GS-312-5. By virtue of the temporary status of the employee with EEOC during the period involved, decision is requested as to whether the employee is entitled to pay at the GS-6/2 level for the time worked under the improper appointment. EEOC advises that Ms. Seabrook performed the duties of the GS-6 position during the period involved in a highly satisfactory manner and had no know- ledge of any improprieties in her appointment.

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