B-156595, OCT. 12, 1965
Highlights
TO THE POSTMASTER GENERAL: REFERENCE IS MADE TO LETTER DATED OCTOBER 1. IN SETTLEMENT OF MISS PARSLEY'S ACCOUNT WAS ORIGINALLY SUBMITTED TO OUR OFFICE FOR CONSIDERATION BY MR. WE STATED THAT IT WAS DIFFICULT TO UNDERSTAND HOW A POSTMASTER SUCH AS MISS PARSLEY WHO HAS HAD YEARS OF EXPERIENCE AND WHO HAD APPARENTLY HANDLED THIRD-CLASS BULK MAILINGS BEFORE IN A SATISFACTORY MANNER WOULD NOT BE FAMILIAR WITH POSTAL REGULATIONS REGARDING POSTAGE RATES FOR THIRD-CLASS BULK PERMIT MAIL. IT WAS THE RESPONSIBILITY OF MISS PARSLEY. IT WAS OUR VIEW THAT IF MISS PARSLEY HAD EXERCISED THE DEGREE OF CARE WHICH REASONABLY IS TO BE EXPECTED OF ONE IN HER POSITION. THE SHORTAGE WOULD NOT HAVE OCCURRED. TO OUR OFFICE WAS SENT TO HIM BY THE MINNESOTA CHAPTER OF THE NATIONAL ASSOCIATION OF POSTMASTERS BY LETTER OF SEPTEMBER 17.
B-156595, OCT. 12, 1965
TO THE POSTMASTER GENERAL:
REFERENCE IS MADE TO LETTER DATED OCTOBER 1, 1965, JHM:VDD, FROM MR. J. H. MARKS, FINANCE OFFICER, TRANSMITTING A FILE REGARDING THE SHORTAGE IN THE ACCOUNT OF MISS LYDIA M. PARSLEY, POSTMASTER AT BROWNSDALE, MINNESOTA, IN THE AMOUNT OF $3,927.09, RESULTING FROM HER FAILURE TO COLLECT SUFFICIENT POSTAGE ON 78 MAILINGS OF THIRD-CLASS ADVERTISING MATTER FROM MAY 1961 THROUGH NOVEMBER 1962.
THE QUESTION OF ALLOWING CREDIT UNDER THE PROVISIONS OF 39 U.S.C. 2401, IN THE AMOUNT OF $3,927.09, IN SETTLEMENT OF MISS PARSLEY'S ACCOUNT WAS ORIGINALLY SUBMITTED TO OUR OFFICE FOR CONSIDERATION BY MR. MARKS IN A LETTER DATED OCTOBER 13, 1964. IN OUR DECISION TO YOU DATED JUNE 24, 1965, B-156595, WE STATED THAT IT WAS DIFFICULT TO UNDERSTAND HOW A POSTMASTER SUCH AS MISS PARSLEY WHO HAS HAD YEARS OF EXPERIENCE AND WHO HAD APPARENTLY HANDLED THIRD-CLASS BULK MAILINGS BEFORE IN A SATISFACTORY MANNER WOULD NOT BE FAMILIAR WITH POSTAL REGULATIONS REGARDING POSTAGE RATES FOR THIRD-CLASS BULK PERMIT MAIL. ALSO, IT WAS THE RESPONSIBILITY OF MISS PARSLEY, IN ACCORDANCE WITH 39 U.S.C. 2209 (A) (1), TO COLLECT THE PROPER AMOUNT POSTAGE, AND IT WAS OUR VIEW THAT IF MISS PARSLEY HAD EXERCISED THE DEGREE OF CARE WHICH REASONABLY IS TO BE EXPECTED OF ONE IN HER POSITION, THE SHORTAGE WOULD NOT HAVE OCCURRED. THEREFORE, WE CONCLUDED THAT ON THE BASIS OF THE RECORD AT THAT TIME THE CHARGE ON MISS PARSLEY'S ACCOUNT SHOULD BE CONTINUED.
THE FILE ENCLOSED WITH MR. MARK'S LETTER OF OCTOBER 1, 1965, TO OUR OFFICE WAS SENT TO HIM BY THE MINNESOTA CHAPTER OF THE NATIONAL ASSOCIATION OF POSTMASTERS BY LETTER OF SEPTEMBER 17, 1965, WITH THE REQUEST THAT THE MATTER BE RESUBMITTED TO OUR OFFICE FOR RECONSIDERATION. WE HAVE REVIEWED THE AFOREMENTIONED FILE AND FIND THAT IT CONTAINS NO INFORMATION OR EVIDENCE NOT PREVIOUSLY CONSIDERED REGARDING THE SHORTAGE. THEREFORE, UPON REVIEW OF THE CASE, WE FIND NO BASIS FOR MODIFICATION OR REVISION OF OUR PRIOR ACTION IN THE MATTER.