B-171390, DEC. 1, 1970

B-171390: Dec 1, 1970

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WAS APPOINTED TO A SUMMER AID POSITION UNDER A CALL LETTER ISSUED TO WILLIE MAE. WORKING WHEN HER SISTER WAS ILL. NO OBJECTION IS MADE TO PAYMENT FOR HOURS ACTUALLY WORKED. BERTHA BLACK USING THE NAME OF WILLIE MAE BLACK WAS APPOINTED TO A SUMMER AID POSITION AT THE NAVAL HOSPITAL. EARLIER IN THE DAY ON JUNE 23 IT IS STATED THAT A SISTER OF WILLIE MAE HAD COME TO THE PERSONNEL OFFICE. REPORTED THAT WILLIE MAE WAS ILL. HAD COMPLETED THE APPOINTMENT PAPERS AND HAD WORKED FOR TWO DAYS (JUNE 25 AND 26) WHILE WILLIE MAE WAS ILL. YOU STATE THAT YOU BELIEVE THERE WAS NO INTENTION OF FRAUD OR VIOLATION OF LAW OR REGULATION. OUR AUTHORITY TO RENDER DECISIONS IS LIMITED TO PAYMENT MATTERS PRESENTED BY HEADS OF DEPARTMENTS AND AGENCIES.

B-171390, DEC. 1, 1970

COMPENSATION - SICK LEAVE - SUBSTITUTIONS DECISION ALLOWING THE PAYMENT OF $25.00 FOR 16 HOURS WORK BY BERTHA BLACK AT THE NAVAL HOSPITAL, CHARLESTON, S.C. BERTHA BLACK, USING THE NAME OF HER SISTER WILLIE MAE BLACK, WAS APPOINTED TO A SUMMER AID POSITION UNDER A CALL LETTER ISSUED TO WILLIE MAE, WORKING WHEN HER SISTER WAS ILL. IN VIEW OF THE NATURE AND PURPOSE OF THE SUMMER WORK PROGRAM WITH ITS EMPHASIS ON PROVIDING WORK FOR ECONOMICALLY DISADVANTAGED YOUNG PEOPLE, NO OBJECTION IS MADE TO PAYMENT FOR HOURS ACTUALLY WORKED.

TO MR. J. G. LARSEN:

WE REFER FURTHER TO YOUR LETTER OF AUGUST 27, 1970, REFERENCE CODE 22:HN, PERTAINING TO THE EMPLOYMENT OF BERTHA BLACK AND WILLIE MAE BLACK UNDER THE FOLLOWING CIRCUMSTANCES.

YOU STATE THAT ON JUNE 23, 1970, BERTHA BLACK USING THE NAME OF WILLIE MAE BLACK WAS APPOINTED TO A SUMMER AID POSITION AT THE NAVAL HOSPITAL, CHARLESTON, SOUTH CAROLINA. IT APPEARS THAT A CALL LETTER HAD BEEN ISSUED BY THE HOSPITAL TO WILLIE MAE BLACK WHO HAD BEEN REFERRED BY THE STATE EMPLOYMENT SERVICE FOR CONSIDERATION FOR A SUMMER AID POSITION. EARLIER IN THE DAY ON JUNE 23 IT IS STATED THAT A SISTER OF WILLIE MAE HAD COME TO THE PERSONNEL OFFICE, REPORTED THAT WILLIE MAE WAS ILL, AND SAID THAT HER MOTHER HAD SENT HER TO DO THE WORK. A MRS. ROBERTSON OF YOUR STAFF ADVISED THAT THE CALL LETTER COULD ONLY BE USED BY WILLIE MAE.

ON JULY 2, 1970, YOU STATE WILLIE MAE EXPLAINED THAT HER SISTER, BERTHA, HAD COMPLETED THE APPOINTMENT PAPERS AND HAD WORKED FOR TWO DAYS (JUNE 25 AND 26) WHILE WILLIE MAE WAS ILL. APPARENTLY WILLIE MAE WORKED FROM JUNE 27 THROUGH 2-1/2 HOURS ON JULY 2 WITHOUT ADMINISTRATIVE AWARENESS OF A CHANGE IN PERSON ON JUNE 27 FROM BERTHA TO WILLIE MAE.

YOU STATE THAT YOU BELIEVE THERE WAS NO INTENTION OF FRAUD OR VIOLATION OF LAW OR REGULATION. YOU SEE THE SITUATION AS ONE OF THERE BEING A JOB TO BE DONE AND OF THE GIRLS BEING SISTERS WITH ONE WORKING IN PLACE OF HER SICK SISTER. YOU SEEK AUTHORITY TO ADJUDICATE THE MATTER AS A CLAIM WITH A RULING BY THIS OFFICE AS TO THE PROPER DISTRIBUTION OF SALARY. YOU INDICATE THAT YOU WOULD PAY BERTHA $25.60 FOR 16 HOURS AT $1.60 AN HOUR AND WILLIE MAE $55.20 FOR 34-1/2 HOURS AT $1.60 AN HOUR.

OUR AUTHORITY TO RENDER DECISIONS IS LIMITED TO PAYMENT MATTERS PRESENTED BY HEADS OF DEPARTMENTS AND AGENCIES, DISBURSING AND CERTIFYING OFFICERS, AND TO CLAIMANTS WHO HAVE FILED MONETARY CLAIMS WITH OUR OFFICE (SEE 31 U.S.C. 74 AND 82D). HOWEVER, WE ASSUME YOU HAVE BEEN ASKED FOR PAYMENT BY THE TWO SISTERS, AND IN ORDER TO AVOID FURTHER DELAY IN THE MATTER WE WILL IN THIS PARTICULAR CASE RENDER OUR DECISION TO YOU.

IN VIEW OF YOUR REPORT ON THE MATTER AND THE NATURE AND PURPOSE OF THE SUMMER WORK PROGRAM WITH ITS EMPHASIS ON THE NEED FOR SUMMER JOBS FOR ECONOMICALLY DISADVANTAGED YOUNG PEOPLE, WE WOULD NOT OBJECT TO PAYMENT TO THE TWO SISTERS FOR THE HOURS ACTUALLY WORKED.