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B-189000 1 (1978-06-16)

handle is hein.gao/gaobadgcz0001 and id is 1 raw text is: r /ft lt~~ \ THE COMPTROLLER GSNERAL DECISION o r'.,/.a*. . or THE UNITEL STATES WASHINGTON. Uc. 20t140 IT FILE: fla- MATTER DIGEST: .0 1890O0 OF: DATE: June 16, 1973 James K. Sauley - De facto employee 1. Civil Service Comission (CSC) directed cancel- lation or employee's improper appointment. Since employee served in good faith, he is de facto employee and may retain salary earned. A a de facto employee, he ic not entitled to lump-sum payment or to retain credit for unused leave attributable to period of de facto employment. Denial of service credit for that period and denial of' refund of health ani life insurance premiums was within juriediction of CSC. 2. Retirement contributions previously deducted from compensrtion paid to a de facto employee may be relfunaud to him, less any necessary social security contributions since reasonable value of a de fact'z employe. services includes amounts deducted for retirement, 38 Comp. Gen. 175 (1958) should ro longer be followed. M*. John D. R. Cole, Director of the Bureau of Personnel Management Evaluation, United States Civil Service Commission, requekted our decision concerning the propriety of certain actions taken by the Commission incident to the cancellation of the im- proper appoinrment of Mr. James K. Saufley to a position in the civil service. The record indicates that Mr. Saufley was appointed by the U.S. Geological Survey to a position in Fcston, Virginia, on October 21, 1974. Ninety days later he was reassigned to a position in Metairie, Louisiana. Pursuant to civil service regu- lations, the Commission investigated tha appointment to assess compliance with competitive principles. Although findnr' that Mr. Saufley acted in good faiUi, the Commission determinl d that the Geological Survey had improperly appointed him from a Washington, D.C. register in order to circunivent established certification procedures. Because of the improper procedurt, the Commilsion directed that Mr. Saufley's appointment be cancelled. rhe Geological Survey subsequently asked the Commission's opinion regarding Mr. Saufley's entitlement to retain the salary L. A - I .I 10 V1!cf 6>C 4± I / . -i ,&I

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