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B-195654 1 (1979-11-27)

handle is hein.gao/gaobadhtl0001 and id is 1 raw text is: DECISION .0.1 oF THE UNITED STATES V/',WASHINGTON, D.C. 20548 FILE: B-195654 DATE:November 27, 1979 MATTER OF: John R. McCauley - Claim for Backpay DIGEST: Employee unofficially notified of selection for vacancy and reporting date which was delayed due to fiscal constraint is not entitled to backpay for period prior to actual appointment since employee had no vested right to appointment on the earlier date and agency did not exercise discretionary authority to appoint at that time. Employee's alternative claim for contractual delay damages is denied since an offer of public employ- ment does not give rise to a contractual relationship in the conventional sense. This decision is in response to a request from Mr. John R. McCauley for reconsideration of our Claims Division's settlement of May 4, 1979, by which his claim for backpay or, in the alternative, contractual delay damages was denied. Mr. McCauley's claim is based on a 2 week delay in effecting his appointment as an attorney with the Decartment of Health, Education X{,O'00 and Welfare (HEW) in Buffalo, New York. He stateshat te-heara - J Administrator for Buffalo informed him by phone on September 23, 1977, and confirmed 3 days later that he had been selected for a permanent Attorney position at the GS-9 level effective October 11, 1977. Mr. McCauley claims that in reliance upon that telephone notification he terminated his attorney position in Detroit where he had been earning $1000 a month. The Regional Personnel Officer, informed Mr. McCauley by a letter dated October 4, 1977, that he had been selected for the position but that due to fiscal restraints, he was unable to advise him of a reporting date. That letter is consistent with an HEW hotline memorandum of the same date advisino all rsorre officers of appointment procedures to be followed pending the then- delayed enactment of that Department's 1978 appropriation. The memo defines a firm commitment to mean that the Personnel Office has extended the offer of appointment after all necessary approvals have been obtained and states with respect to positions for which no firm commitment has been made that offers may be made but no dates of entry on duty can be given. :Mr. McCaulcy was ultimately appoirted and began work on October 25, 1977.

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