B-135914, MAY 26, 1958

B-135914: May 26, 1958

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HANSEN'S CASE IS WHETHER HE WAS. WHILE RECOGNIZING THAT THE ACTION TAKEN BY THE BOARD OF EDUCATION IS ENTITLED "PROMOTION - TEMPORARY" RATHER THAN "APPOINTMENT. WHICH IS RETURNED HEREWITH.

B-135914, MAY 26, 1958

TO MR. A. R. PILKERTON, AUTHORIZED CERTIFYING OFFICER, GOVERNMENT OF THE DISTRICT OF COLUMBIA:

YOUR LETTER OF APRIL 23, 1958, REQUESTS OUR DECISION WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER SET FORTH, YOU PROPERLY MAY CERTIFY FOR PAYMENT THE PAYROLL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF CARL F. HANSEN, SUPERINTENDENT OF PUBLIC SCHOOLS OF THE DISTRICT OF COLUMBIA, FOR $1,500, COVERING THE PERIOD APRIL 1 TO APRIL 30, 1958.

IT APPEARS FROM THE INFORMATION PRESENTED THAT THE BOARD OF EDUCATION FOR THE DISTRICT OF COLUMBIA PROMOTED MR. CARL F. HANSEN, EFFECTIVE MARCH 3, 1958, FROM THE POSITION OF ASSISTANT SUPERINTENDENT TO THE POSITION OF SUPERINTENDENT FOR A TEMPORARY PERIOD NOT TO EXTEND BEYOND JUNE 30, 1958. THE PROMOTION FORM CONTAINED A NOTATION,"THIS ACTION DOES NOT AFFECT THE PERMANENT STATUS OF DR. HANSEN AS ASSISTANT SUPERINTENDENT.' UNDERSTAND THAT MR. HANSEN ACCEPTED THE POSITION OF SUPERINTENDENT BY PERFORMANCE OF THE DUTIES THEREOF SINCE THE DATE OF SUCH PROMOTION AND HAS BEEN PAID AT THE SUPERINTENDENTS SALARY RATE FOR THE PERIOD MARCH 3 TO 31, 1958. WE ALSO UNDERSTAND THAT MR. HANSEN RECEIVED A REGULAR APPOINTMENT AS SUPERINTENDENT OF PUBLIC SCHOOLS ON MAY 21, 1958.

THE FIRST QUESTION OCCURRING TO US CONCERNING MR. HANSEN'S CASE IS WHETHER HE WAS, IN FACT, APPOINTED TO THE POSITION OF SUPERINTENDENT. WHILE RECOGNIZING THAT THE ACTION TAKEN BY THE BOARD OF EDUCATION IS ENTITLED "PROMOTION - TEMPORARY" RATHER THAN "APPOINTMENT," WE DO NOT CONSIDER THAT SUCH FACT ALONE RENDERS HIS TITLE TO THE POSITION OF SUPERINTENDENT ANY LESS VALID OR EFFECTIVE. THE BOARD'S ACTION REASONABLY MAY BE REGARDED AS A SELECTION OF MR. HANSEN TO FILL TEMPORARILY THE THEN VACANT POSITION OF SUPERINTENDENT AND TO RECEIVE TEMPORARILY THE COMPENSATION OF THAT POSITION. THEREFORE, THE VOUCHER, WHICH IS RETURNED HEREWITH, MAY BE CERTIFIED FOR PAYMENT IF OTHERWISE CORRECT.