About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-221745 1 (1986-04-28)

handle is hein.gao/gaobadmhp0001 and id is 1 raw text is: TECOMPTROLLER GENERAL OUCIUION . . OP THE UNITKO TATES WASHINGTON. 0. C. 20548 FILE: B-221745 DATE: April 28, 1986 MATTER OF: Janice M. Simmons - Erroneous Promotion - De Facto Employment DIGEST: An employee was temporarily and then permanently promoted from a GS-4 position to a GS-5 position. It was later discovered that the promotion was erroneous because she did not meet the general experience require- ment of the position to which she was pro- moted. The error was corrected and a Bill of Collection issued. Because she performed the duties of the GS-5 position based on the apparent authority of the promoting person- nel, she is to be regarded as a de facto employee and is therefore entitled to retain the compensation of a GS-5. This decision is in response to a request from the Controller, Department of Energy, that a waiver be granted under 5 U.S.C. S 5584 (1982), for overpayments to Janice M. Simmons totaling $1,409.31. Ms. Simmons received the excess payments between February 8, 1981, and September 16, 1983, due to an erroneous promotion. The Department requests a waiver because the overpayments resulted from an administrative error by the servicing personnel office and there was no indication of fraud or fault on the part of Ms. Simmons. We find that the issue of waiver need not be reached since Ms. Simmons is entitled to retain the compensation received for the services per- formed as a de facto employee. BACKGROUND The record reveals that on February 8, 1981, Ms. Simmons, a GS-4 for the Western Area Power Administration - Phoenix Office, was temporarily pro- moted to a GS-5 Support Services Specialist position. On July 12, 1981, Ms. Simmons was permanently promoted to the Support Services Specialist position. Apart from other miscellaneous pay adjustments, Ms. Simmons received within grade increases--in increments of one step each-- on February 21, 1982, and February 20, 1983. A personnel management evaluation conducted at the servicing personnel

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most