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B-208041 1 (1983-05-03)

handle is hein.gao/gaobadlbd0001 and id is 1 raw text is: DECISION FILE: B-208041 THE COMPTROLLER GENERA OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: May 3, 1983 MATTER OF: Martin Mendelsohn - Payment for Services Performed Before And After Appointment DIGEST: A consultant to the U.S. Holocaust Memorial Council who received over- payments of salary during his 2-month appointment seeks to have work per- formed before and after the period of his appointment credited against his indebtedness. Claimant cannot be considered de facto employee and thus entitled to payment for reasonable value of services since he did not act under color of authority and had no rea- sonable expectation of payment. This decision results from Mr. Martin Mendelsohn's appeal from a determination made by our Claims Group, Z-2832722-121, April 8, 1982, to deny waiver of certain overpayments made to him in connection with his employ- ment as a consultant to the United States Holocaust Memorial Council. For the reasons explained below, we reach the same result as did our Claims Group, but do so by a different analysis. Mr. Mendelsohn was appointed by the Holocaust Council to a temporary 1-month position effective November 5, 1980. That appointment was extended for an additional 30 days, not to exceed January 1, 1981, so that Mr. Mendelsohn was officially employed from November 5, 1980, to December 31, 1980. On the basis of timesheets prepared according to Mr. Mendelsohn's statements of the hours he worked, he was paid for 240 hours of service at $21.42 per hour for a total of $5,140.80. However, in a letter dated January 30, 1981, prepared at the request of the Direc- tor of the Holocaust Council, Mr. Mendelsohn compiled a record of his time chargeable to the Council, which revealed that he had worked a total of 114.5 hours. Only 61.5 hours were attributable to the period covered by his official appointment. The remaining 53 hours

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