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B-191884 1 (1979-02-05)

handle is hein.gao/gaobadgwy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DIECISIQIrl OF THE UNITED STATE S 6 1H VWASHINGTON, D.C. 20548 FILE: B-191884 DATE: February 5, 1979 MATTER OF: Conrad B. Matern -Ecompensation for Work Performed Beyond Limitation of Appointment DIGEST: Employee of Farmers Home Administration, Department of Agriculture, who worked beyond his appointment limitation due to administrative error, is entitled to be paid for services rendered since the services were performed in good faith and under color of authority. Matter of Timothy P. Connolly, B-196229, June 8, 1977. This is in response to a request from the Farmers Home Administration (FHA), Department of Agriculture, for a decision concerning whether Mr. Conrad B. Matern may be compensated for work he performed after the expiration of his appointment as a county committeeman. The major functions of the FHA county committees are to establish guidelines and advise the county supervisor concerning loans made to individuals or partnerships, associations,and soil and water districts. The committees are composed of three members who serve for 3-year terms. Although Mr. Matern's appointment expired on June 30, 1977, county office personnel inadvertently called him to attend committee meetings on Augyst 25, 1977, September 15, 1977, September 29, 1977, and October 20, 1977. The FHA has reported that as a county committeeman, Mr. Matern received only a brief orientation, served on an inter- mittent basis, and was not knowledgeable about Government rules and regulations or conditions of employment. The FHA stated that the failure to -terminate Mr. Matern's employment was due to administrative error and that he was totally unaware that he could not serve as a committeeman since the county office called him for the meetings. In Matter of Timothy P. Connolly, B-186229, June 8, 1977, we held that an employee who rendered service in good faith and under color of authority beyond his appointment limitation due to administrative error, should be compensated for his service in excess of his appointment limitation. . In the instant case there is no evidence that Mr. Matern had constructive or actual notice that his appointment had expired.

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