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B-193170 1 (1979-05-16)

handle is hein.gao/gaobadhfr0001 and id is 1 raw text is: .1' DECISION FILE: B-193170 ( ~\'~THE COMP'TROLLER GENERAL .)OF THE UNITED STATES / WASHINGTON, O.C. 20548 DATE: May 16, 1979 MATTER OF: Hector Avila Morales, Jr. - ntermittent Consultant V/Commuting Expensesj DIGEST: Intermittent consultant is entitled to travel expenses between residence and official duty station and per diem while on duty there under 5 U.S.C. § 5703. Actual irregular employment rather than formal appointment designation determines whether consultant is intermittent employee. But agency intent to have consultant work occasionally without regularly scheduled 40-hour week may result in intermittent em- ployment status, even though for relatively short period the consultant was required because of unexpected heavy workload to work 40 hours weekly. This decision answers Mr. R. J. White, Certifying Officer, Community Services Administration, who asks whether a consultant, a Mr. Hector Avila Morales, Jr., may be regarded a.s an intermittent consultant and entitled to travel expenses between his residence and official duty station in Washington, D.C., and to per diem while on official duty at Washington. The Comunity Services Administration appointed Mr. Morales to the position of intermittent consultant effective June 13, 1977, for a period not to exceed 100 days. His consultant status terminated September 30, 1977, when 10e was converted under an excepted appointment to a permanent position at grade level GS-15. For the period he served as a consultant, Mr. Morales was almost continuously in a travel status visiting the Community Services Administration's regional offices and its Washington, D.C., headquarters. Concerning Mr. Morales' claim, on a number of occasions he traveled to and from these duty stations and his home in Tucson, Arizona. Despite his intermittent consultant appointment, Mr. Morales was ordinarily paid for working a 40-hour week between June 13 and October 30, 1977. Because of his 40-hour week the certifying officer questions his entitlement to travel expenses between his 4 ')> I 1

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