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B-188424 1 (1977-03-22)

handle is hein.gao/gaobadiyx0001 and id is 1 raw text is: EIION FILE: 1-188424 MATTER DIGEBT: THE COMPTROLLEF NfAL op irE UINITED t-TEEN WAUHINUTCN, c r.l. _0cANu DATE Nhh 22, 3.9 OF: William A. Kmi., , Jr., and Richard P'ruandaz - Small Businessp Idministration - de facto employes Small Euaness Administration (SA) #mks whether i:t may retroactively adjust the effective appointmetnt dates of two presidential transition employees who entered on duty a brief period in advance of their appointments. Alternatively, SBA desires to consider them asude facto employees. Generally, appointments may not be made retroactively effective. The two employees, however, may be considered de facto employees since they performed ti-tasin good faith unde~r color of authority. SBA nay compensate employees for reesoueble value of srviens performed ithile in a de facto status. This matter involves a request dated February 1, 1977, frot Mr. William I. Cooper, an authorized certifying )fficer of the Small Business Administration (SUA), for a rulin.g on the claim of Xr..Willi~a A. Keel, Jr., and Hr. Richard Hernandez, recently appointed employees of the SBA, for retroactive appointments and backpay. Keel and ertandez were. .obersof Preuident Carter's transition i&um and were assigned to duty with the SBA b-h White House effective January 21 and'26, 1977, respectively. The White House did not instruct the SBA personnel office of the per- sonnel actions it sh'ould u4ke with respect to these two employees until 'ebruary 3, 1977. On that date, pursuant to White House instructions, Keel was temporarily appointed, with the approval of the Civil Service Commission, as Executive Assistant to the Administrator fur Transition Pianaing, in grade GS-301o-18, step 1; and Hiruandes was temporarily appointed under authority of SchledLle C, 5 C.F.t. I 213.3332(p), as a Special Assistant to the Associ.te Administraror for Minority Small Business i grade Gb-301-15, stoF 1. The SBA desires to mak' these appointments retroactively effective to the dates Keel and Hernandez reported for duty at the agency. It contends that assigunme of rates of compensation -I (NJ P-

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