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B-202440 1 (1981-06-17)

handle is hein.gao/gaobadjma0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION .WC) oF THE UNITED 6TATES WASHINGTON, 0. C. 20548 FILE: B-202440 DATE: June 17, 1981 MATTER OF: Cecile W. Murphy - Compensation for Work Per- formed Beyond Limitation of Appointment OIGEST: Employee of Office of the Federal Cochairman, Four Corners Regional Commission, who worked beyond her temporary appointment limita- tion due to administrative error may be compensated for services performed in good faith. This is in response to a request from Mr. Frank Di Costanzo, Director of Personnel, United States Department of Commerce, for our decision concerning whether an overpayment received by Mrs. Cecile W. Murphy may be waived. Mrs. Murphy was a Clerk-Typist with the Office of the Federal Cochairman, Four Corners Regional Commission, serving in a 700 hour temporary appointment effective October 1, 1979, with a not to exceed date of February 1, 1980. Since she was working part-time, her appointment was extended on February 2, 1980, with a not to exceed date of April 10, 1980, in order to cover the balance of hours left under the 700 hour limitation. Mrs. Murphy's office received notification of the ex- tension of her appointment but filed it without noting the limitation of the extension to April 10. As a result, she worked until April 18, 1980, and exceeded the 700 hour limit- ation by 86 hours. She was paid $540.08 for the 86 excess hours. The agency states that Mrs. Murphy was not aware of the exact limitations of her appointment and did not receive a copy of her personnel actions. It is not necessary to consider whether Mrs. Murphy's overpayment may be waived for we have held that an employee who renders service in good faith and under color of auth- ority beyond his appointment limitation is a de facto em- ployee, entitled to be compensated for the reasonable value of his services rendered after the expiration of his appoint- ment. David J. McCullough, B-198238, June 5, 1980. In the instant case, it appears that Mrs. Murphy's ap- pointment was not terminated on time due to administrative r1' j7 4 X q 3 4- -

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