B-205559 L/M, JAN 18, 1982, OFFICE OF GENERAL COUNSEL
Highlights
DIGEST: RELIEF IS GRANTED TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IMPREST FUND CASHIER. SEC. 82A-1 (1976) WHERE RECORD SHOWS THAT THE FUNDS WERE STOLEN DURING THE COURSE OF A BURGLARY AND WITHOUT FAULT OR NEGLIGENCE ON PART OF CASHIER. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: THIS IS IN RESPONSE TO YOUR REQUEST THAT DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IMPREST FUND CASHIER SUE MAXWELL BE RELIEVED OF LIABILITY. RELIEF IS GRANTED. THE RECORD SHOWS THAT THE FUNDS IN QUESTION WERE KEPT IN LOCKED METAL MONEY BOXES INSIDE A FIREPROOF SAFE ON THE SEVENTH FLOOR OF THE FEDERAL BUILDING. WHILE THE BUILDING WAS SUPPOSED TO BE UNOCCUPIED. THE SAFE WAS THEN PRIED OPEN WITH THE USE OF A LARGE SCREWDRIVER.
B-205559 L/M, JAN 18, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: RELIEF IS GRANTED TO DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IMPREST FUND CASHIER, UNDER 31 U.S.C. SEC. 82A-1 (1976) WHERE RECORD SHOWS THAT THE FUNDS WERE STOLEN DURING THE COURSE OF A BURGLARY AND WITHOUT FAULT OR NEGLIGENCE ON PART OF CASHIER.
JUDITH L. TARDY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT:
THIS IS IN RESPONSE TO YOUR REQUEST THAT DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IMPREST FUND CASHIER SUE MAXWELL BE RELIEVED OF LIABILITY, UNDER AUTHORITY OF 31 U.S.C. SEC. 82A-1 (1976), FOR A LOSS BY THEFT OF $5,359.70 IN OFFICIAL FUNDS. FOR THE REASONS THAT FOLLOW, RELIEF IS GRANTED.
THE RECORD SHOWS THAT THE FUNDS IN QUESTION WERE KEPT IN LOCKED METAL MONEY BOXES INSIDE A FIREPROOF SAFE ON THE SEVENTH FLOOR OF THE FEDERAL BUILDING, FORT WORTH, TEXAS. SOMETIME DURING THE COURSE OF A LONG WEEKEND, FROM FEBRUARY 13 TO 17, 1981, WHILE THE BUILDING WAS SUPPOSED TO BE UNOCCUPIED, UNKNOWN PERSON OR PERSONS ENTERED THE BUILDING AND BY USING A "PRYING TOOL" TO TRIP THE LOCK, GAINED ENTRY TO THE MAIN OFFICES. THE SAFE WAS THEN PRIED OPEN WITH THE USE OF A LARGE SCREWDRIVER, AND THE MONEY BOXES INSIDE WERE REMOVED. THE FEDERAL BUREAU OF INVESTIGATION AND THE LOCAL POLICE WERE NOTIFIED OF THE THEFT BUT THEIR INVESTIGATIONS HAVE THUS FAR FAILED TO RESULT IN ANY ARRESTS OR THE RECOVERY OF ANY OF THE FUNDS.
YOU STATE IN YOUR SUBMISSION THAT YOU HAVE DETERMINED THAT THE THEFT WAS IN NO WAY DUE TO ANY NEGLIGENCE OF, OR INVOLVEMENT BY, MS. MAXWELL. THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO GRANT RELIEF FROM LIABILITY TO AN ACCOUNTABLE OFFICER UPON ITS CONCURRENCE WITH THE DETERMINATIONS BY THE DEPARTMENT OR AGENCY HEAD THAT (1) THE LOSS OR DEFICIENCY OCCURRED WHILE THE OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, AND (2) THE LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE OFFICER OR AGENT. 31 U.S.C. SEC. 82A-1 (1976).
THE EVIDENCE PRESENTED IN THE RECORD CLEARLY SHOWS THAT A BURGLARY OCCURRED IN THE FORT WORTH OFFICE. ADDITIONALLY, THERE IS NO INDICATION THAT MS. MAXWELL IS IMPLICATED IN THE THEFT OR THAT SHE FAILED TO USE DUE CARE TO ENSURE THAT THE IMPREST FUNDS WERE SECURED.
ACCORDINGLY, WE CONCUR IN YOUR DETERMINATION THAT THE LOSS OCCURRED WITHOUT THE FAULT OR NEGLIGENCE OF MS. MAXWELL. RELIEF IS GRANTED IN THE AMOUNT OF $5,359.70. A CHARGE MAY BE MADE TO THE PROPER APPROPRIATION AS PROVIDED IN 31 U.S.C. SEC. 82A-1.