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B-195279 1 (1979-09-26)

handle is hein.gao/gaobadhqh0001 and id is 1 raw text is: DECISION FILE- B-19527~ .4~~i.THE COMPTROLLER GENERAL OF THE UNITED STATES .4, W~AS HINGTON, 0. C. 20548 DATE: September 26, 1979 MATTER OF: Department of Labor DIGEST: Employee of Department of Labor was found to have misrepresented himself as a city employee in order to receive assignment under the Inter- governmental Personnel Act (IPA) of 1970. Because his misrepresentations related to material qualifications required by the IPA, his appoint- ment was subsequently voided by the Department. His status is that of a de facto employee. He may keep payments already made to him for the IPA period since there is no statute either expressly prohibiting payments or requiring a refund of such payments. Mr. Frank A. Yeager, Director of Personnel Management, U.S. Department of Labor, by letter of June 15, 1979, requests a decision whether payments made to a Department of Labor employee are subject to recoupment. The individual in question misrepresented himself to be an employee of the City of Waterloo, Iowa, in order to be appointed to a Federal position under the Intergovernmental Personnel Act of 1970 (IPA), Pub. L. No. 91-648, 84 Stat. 1909, January 5, 1971 (5 U.S.C. 3371 et seq.). Although the Department of Labor has determined that the misrepresentation voids his IPA appointment, the employee may retain all compensation that he has received. The facts are as follows. On June 7, 1973, the Department of Labor entered into an IPA agreement with the employee who was identified as an administrative assistant to the Mayor of Waterloo. .Lwa. The purpose of the IPA assignment was to allow him to continue work that he began on a. previous IPA assignment with the Department when he was an employee of the State of Iowa. He was no longer 1. employed by the State at the time of the agreement in question. The agreement was subsequently renewed on June 10, 1974. December.6, 1974, and March 14, 1975, extending his total period of employment under the IPA agreement from June 10, 1973 to June 21, 1975. His IPA appointment was then terminated and, on June 22, 1975, he received a career-conditional appointment with the Depart- ment's Manpower Administration. An investigation later revealed ds's Q/ M, 0001

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