B-159097, AUG. 26, 1966

B-159097: Aug 26, 1966

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DEPARTMENT OF THE INTERIOR: THIS IS IN REPLY TO YOUR LETTER OF APRIL 26. EACH EMPLOYEE WAS ADMINISTRATIVELY GRANTED AN "EXCEPTED APPOINTMENT UNDER SCHEDULE A 213.3112 (A) (4)" LIMITED TO 130 WORKING DAYS. THE COMMISSION GAVE RETROACTIVE APPROVAL TO THE EMPLOYMENT FOR THE SPECIFIC PERIODS IN EXCESS OF THE 130-DAY LIMIT ON THE BASIS THAT THE COMMISSION COULD HAVE AUTHORIZED SUCH EMPLOYMENT IN ADVANCE. THAT IT WAS ONLY THROUGH ADMINISTRATIVE ERROR THAT THE AGENCY DID NOT OBTAIN ADVANCE APPROVAL. THAT SINCE THE ONLY MISSING FACTOR IS THE COMMISSION'S APPROVAL IT MAY BE GIVEN RETROACTIVELY. IN VIEW OF THE FOREGOING WE WOULD HAVE NO OBJECTION TO YOUR CERTIFYING A VOUCHER FOR THE COMPENSATION OF THESE EMPLOYEES FOR THEIR SERVICES IN EXCESS OF 130 DAYS AS APPROVED BY THE CIVIL SERVICE COMMISSION.

B-159097, AUG. 26, 1966

TO AUTHORIZED CERTIFYING OFFICER, BUREAU OF RECLAMATION, REGION 2, DEPARTMENT OF THE INTERIOR:

THIS IS IN REPLY TO YOUR LETTER OF APRIL 26, 1966, REFERENCE 2-363, REGARDING PAYMENT OF SALARY FOR SEVERAL WORKDAYS BEYOND THE 130-DAY LIMIT PRESCRIBED BY THE BUREAU OF RECLAMATION FOR THREE EMPLOYEES, BILLYR. SMITH (SURVEYING AID, GS-3/1 AT $4149/PA), MILTON S. HATAKEYAMA (SURVEYING AID, GS-2/1 AT $3814/PA) AND JAMES C. HENDRIX (ENGINEERING AID, GS-2/1 AT $3814/PA). EACH EMPLOYEE WAS ADMINISTRATIVELY GRANTED AN "EXCEPTED APPOINTMENT UNDER SCHEDULE A 213.3112 (A) (4)" LIMITED TO 130 WORKING DAYS.

YOU INDICATED THAT THROUGH ADMINISTRATIVE ERROR THESE THREE EMPLOYEES WORKED A COMBINED TOTAL OF EIGHT WORKING DAYS BEYOND THEIR TEMPORARY APPOINTMENTS.

WE PRESENTED THE FACTS INVOLVING THESE EMPLOYEES TO THE CIVIL SERVICE COMMISSION. THE COMMISSION GAVE RETROACTIVE APPROVAL TO THE EMPLOYMENT FOR THE SPECIFIC PERIODS IN EXCESS OF THE 130-DAY LIMIT ON THE BASIS THAT THE COMMISSION COULD HAVE AUTHORIZED SUCH EMPLOYMENT IN ADVANCE, THAT IT WAS ONLY THROUGH ADMINISTRATIVE ERROR THAT THE AGENCY DID NOT OBTAIN ADVANCE APPROVAL, AND THAT SINCE THE ONLY MISSING FACTOR IS THE COMMISSION'S APPROVAL IT MAY BE GIVEN RETROACTIVELY.

IN VIEW OF THE FOREGOING WE WOULD HAVE NO OBJECTION TO YOUR CERTIFYING A VOUCHER FOR THE COMPENSATION OF THESE EMPLOYEES FOR THEIR SERVICES IN EXCESS OF 130 DAYS AS APPROVED BY THE CIVIL SERVICE COMMISSION.