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B-184041 1 (1976-03-02)

handle is hein.gao/gaobaddff0001 and id is 1 raw text is: 




DECIISIDN




FILE:    B-1840

MATTER   OF:


            THE  COMPTROLLER GENERAL
            OF   THE   UNITED STATES
            WASHINGTON. D. C. 20548




41                DATE:    M AR 2 1976


John T. Edwards, III--Pay and Expenses
during erroneous appointment


DIGEST:


1. Where  Bureau of Reclamation erroneously
   appointed TVA employee to civil service
   position at Grand Coulee Dam, Washington,
   believing he had competitive status, and
   13 months later took steps that led to proper
   appointment, collection of erroneous payment
   of total salary of $18,677.76 paid during
   period of improper appointment may be
   waived.  5 U. S. C. 5 5584.


                2.  Where Bureau of Reclamation erroneously
                    appointed TVA employee to civil service
                    position at Grand Coulee Dam, Washington,
                    and paid travel and relocation expenses
                    from Wheeler Dam, Alabama,  and other
                    travel expenses pursuant to travel orders
                    employee may retain reimbursement for
                    such expenses since they were incurred
                    pursuant to travel authorization and in
                    anticipation of his actual appointment,
                    subsequently approved.

    This decision is rendered in response to a submission by an
Assistant Commissioner of the Bureau of Reclamation, United States
Department of the Interior, dated May 27, 1975, reference 520 953,
requesting a waiver under Public Law 90-616, as amended, 5 U. S. C.
5 5584 (Supp. IV, 1974), of collection of erroneous payments of salary
totaling $18, 677. 76 made to John T. Edwards, III. The Assistant
Commissioner  also requests our concurrence in thV Bureau's proposal
to forego collection of relocation and travel expenses paid to
Mr.  Edwards.

   Mr.  Edwards was employed by the Tennessee Valley Authority
(TVA).  He applied for a vacant position in the Bureau of Reclamation
as a Powerplant Operator and was selected. His appointment was
made  effective on January 20, 1974, based on an initial determination
that he held competitive status under Civil Service Commission rules
and regulations. Incident to his appointment Mr. Edwards was
authorized travel and transportation and relocation allowances for
himself and his immediate family from Wheeler Dam, Alabama, to
Coulee Dam,  Washington. Mr.  Edwards' relocation expenses were
later reimbursed in the amount of $5, 538. 50, the relocation being


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