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B-196940 1 (1980-12-29)

handle is hein.gao/gaobadith0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION. OF THE UNITED STATES WASHINGTON O.C. 205 48 FILE: B-196940 DATE:December 29, 1980 MATTER OF: William Devine, Jr. - pompens tion for Services Prior to Appointment DIGEST: Intermittent consultant of Department of Energy (DOE) who worked beyond his appoint- ment limitation, relying on past practices with Energy Research and Development Administration (ERDA) (before ERDA became part of DOE) and at request of Director of Uranium Resources and Enrichment Division, and who was subsequently notified that DOE could not make retroactive appointments, is not entitled to compensation beyond date of such notification. This action is in response to the request of Jack E. Hobbs, Controller, Department of Energy (DOE), for an ad- vance decision on whether William Devine, Jr. is entitled to compensation for consulting services performed prior to his appointment on January 16, 1978. For the follow- ing reasons Mr. Devine is entitled to compensation for the period of October 3 through October 21, 1977, but not for the period of October 22, 1977, to the time of his official appointment. Mr. Devine's previous appointment as an intermittent consultant with the Energy Research and Development Admin- istration (ERDA) expired September 30, 1977. When ERDA became a part of DOE on October 1, 1977, Mr. Devine, rely- ing on past practices with ERDA and at the request of the Director of the Uranium Resources and Enrichment Division, continued to provide services to DOE. The Division of Personnel, on October 21, 1977, notified Mr. Devine and the Uranium Resources and Enrichment Division that DOE could not retroactively appoint consultants and, therefore, Mr. Devine should not be working. Mr. Devine apparently expected compensation at least through November 2, 1977, since a commitment had already been made to him up to that date prior to the time he was informed that he should not be working. Mr. Devine continued to work until January 12, 1978, with no expectation of reimburse- ment. His new appointment was effective January 16, 1978.

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