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B-192836 1 (1979-02-20)

handle is hein.gao/gaobadgyk0001 and id is 1 raw text is: 






DECISEION


FILE:   B-192836


   It..h
\  THE   COMPTROLLER GENERAL
   OF   THE UNITED STATES
   WASHINGTON. D.C. 20543
     :11iv_1 _/_` V11


/


OATE:ebruary   20, 1979 ,


MATTEFR   OF:  Heidrun H. Horton - Compensation for work
               performed beyond limitation of appointment


DIGEST:


           i'  I             -
Temporary employee of.Department of Army who
work ed beyo&di er appointment limitation because
she relied on statements made by her supervisors
that a retroactive permanent appointment would
be forthcoming is entitled to be paid -the reason-
able value of services rendered as a de facto
employee since the services were performed in
good faith and under color of authority.


     This action is in' response to the request of MajorSNenad Matich,
Finance and Accounting Officer,'Department of the'Army,Fort Sheridan,
Illinois, for an advance decision as to whether Mrs. Heidrun H.
Horton is entitled to compensation for services performed for the
Department of the Army for a period of 2 months after the termina-
tion of her temporary appointment. A voucher representing payment
for this period is enclosed with the request.

     For the following reasons it is our view that Mrs. Horton
is entitled to compensation for the period June 1 through July 31,
1977.

     While there are conflictingstatements as to what 'actually
occurred,it  appears hat Mrs. Horton, a memlkr of theArmy
Reserve, was employed with a Reseive unit as'anf!Administrative
SupplyTechnician, GS-6,'under a 30-day temporary appointment
effectiOMay   2, 1977, This appointment eipirad on May 31,
1977. .However, Mrs. Horton continued to perform the duties of
the position from June'1, 1977, through July 31, 1977, itih the
knowledge'of her' supervisors and was in fact encouraged to
remain in the position by them. Time and attendance cards were
submitted by her supervisors, but she did not receive compensa-
tion for this period.

     Apparently,, during this period attempts were being made by
her supervisors to secure an appointment for her which would be
retroactive although for various reasons they were unsuccessful.
On August 1, 1977, Mrs. Horton received another temporary
appointment and in November 1977 this appointment was con-
verted to career conditional.


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