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B-216090 1 (1986-05-08)

handle is hein.gao/gaobadmhy0001 and id is 1 raw text is: 


                           THU COMPTROLLER GE1NERNAL
  DECISION                 OP THU UNITED       STATED
                           WASHINGTON. 0.C. 20548



  FILE:   B-216090              DATE: May 8, 1986

  MATTER OF:     Robert Lobato - Compensation as a De Facto
                 Employee - Reconsideration

  DIGEST:

        In decision B-216090, February 12, 1985,
        we ruled that a claimant who qualified as
        a de facto employee may be compensated the
        reasonable value of services rendered, but
        that such de facto status and compensation
        therefor may not continue beyond the date
        he was notified that he was without author-
        ity to perform the duties of the position.
        Additional facts in case show that the
        claimant was in a travel status when he
        was notified. On reconsideration, the
        claimant may be considered as continuing
        in a de facto status for the remainder of
        that travel period and may receive addition-
        al compensation for those 2 days. Decision
        B-216090, February 12, 1985, is modified
        accordingly.

     This decision is in response to a letter from
Mr. Robert Lobato, who has requested reconsideration of
his claim for compensation as a de facto employee which
was the subject of our decision B-216090, February 12,
1985. On reconsideration, we conclude that he may receive
2 days' additional compensation for the following reasons.

     In brief recapitulation, the facts reported were that
the Presidential Commission on Indian Reservation Economies
was established by Executive Order 12401, January 14, 1983.
In early November 1983, Mr. Lobato was interviewed for a
position with the Commission as an expert under 5 U.S.C.
S 3109 (1982). Since the reported need for his services
was urgent, he was requested to begin work immediately and
arrangements were made for him to meet with a personnel
management specialist of the Department of the Interior at
the earliest possible time to complete employment details.
That meeting was held on November 15, 1983.

     It was further reported that in the course of that
meeting, the personnel management specialist learned

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