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B-220720,B-220791 1 (1986-09-08)

handle is hein.gao/gaobadmln0001 and id is 1 raw text is: JThe Comptroller General of the United States Washington, D.C. 20548 Decision Sidney P. Arnett and Mary Ann Barron - Matter of: Erroneous Appointments - De Facto Employment File: B-220720, B-220791 Date: September 8, 1986 DIGEST 1. An Air Force employee who served under an erroneous appointment for 3-1/2 months may be considered a de facto employee. The agency's failure to consult a regional register of civil service positions did not violate an abso- lute statutory prohibition, and there is no evidence of fraud or misrepresentation by the employee. 2. An Air Force employee who received three erroneous appointments arong the many Federal positions she held over a period of 30 years may be considered a de facto employee during the periods of erroneous appointments. Although the employee never achieved career status because she held tempo- rary or excepted appointments, she was erroneously appointed to career positions on three occasions. These erroneous appointments did not violate any absolute statutory prohibi- tion, and there is no evidence of fraud or misrepresentation by the employee. DECISION ISSUE The issue in this decision concerns the legal status of service performed by two Federal employees who were erroneously appointed to their positions. We hold that these employees may be considered de facto employees where (1) the appointments did not violate any absolute statutory prohibition, and (2) the employees were not guilty of fraud or misrepresentation. BACKGROUND This decision is in response to-two requests from the Director of Civilian Personnel, Headquarters Tactical Air Command, Langley Air Force Base, Department of the Air Force, concerning erroneous appointments of two Air Force employees, Mr. Sidney P. Arnett and Ms. Mary Ann Barron.

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