B-199421 L/M, SEP 15, 1980
Highlights
VETERANS ADMINISTRATION: THIS IS IN RESPONSE TO A LETTER FROM THE CONTROLLER OF THE VETERANS ADMINISTRATION (VA) REQUESTING THAT LUCILLE IVEY. THE LOSS WAS THE SUBJECT OF A PREVIOUS REQUEST FOR RELIEF (B-196660. IVEY WAS NOT NEGLIGENT. WE WERE UNABLE TO GRANT RELIEF AT THAT TIME TO MS. THE EVENING BEFORE THE LOSS WAS DISCOVERED. CONCLUDED THEN THAT THE MISSING FUNDS WERE APPARENTLY BURGLARIZED AND THAT THERE WAS NO BASIS FOR A FINDING THAT MS. IVEY WAS NEGLIGENT. IVEY WAS NEGLIGENT UNDER THESE CIRCUMSTANCES. CASHIER STATED THAT SHE LOCKED SAFE AT CLOSE OF BUSINESS DAY THE EVENING BEFORE THE LOSS WAS DISCOVERED. ANOTHER EMPLOYEE VERIFIED THAT SAFE WAS LOCKED IMMEDIATELY THEREAFTER.
B-199421 L/M, SEP 15, 1980
OFFICE OF GENERAL COUNSEL
MAX CLELAND, ADMINISTRATOR, VETERANS ADMINISTRATION:
THIS IS IN RESPONSE TO A LETTER FROM THE CONTROLLER OF THE VETERANS ADMINISTRATION (VA) REQUESTING THAT LUCILLE IVEY, ALTERNATE CASHIER AT THE VA REGIONAL OFFICE CENTER, PHILADELPHIA, PENNSYLVANIA, BE RELIEVED OF LIABILITY UNDER THE AUTHORITY OF 31 U.S.C. SEC. 82A-1 (1976) FOR THE LOSS OF $1,610.38 IN GOVERNMENT FUNDS, INCURRED AS A RESULT OF AN APPARENT BURGLARY. THE LOSS WAS THE SUBJECT OF A PREVIOUS REQUEST FOR RELIEF (B-196660, JUNE 2, 1980).
WE NOTE THAT WE PREVIOUSLY GRANTED RELIEF TO THERESA WILLIAMS, CLASS B-CASHIER, AND A CO-WORKER WITH LUCILLE IVEY. B-196660, JUNE 2, 1980. INDICATED THERE, HOWEVER, THAT ALTHOUGH THE FACTS OF RECORD INDICATED THAT MS. IVEY WAS NOT NEGLIGENT, WE WERE UNABLE TO GRANT RELIEF AT THAT TIME TO MS. IVEY BECAUSE VA HAD NOT MADE THE REQUISITE FINDINGS UNDER 31 U.S.C. SEC. 82A-1 WITH RESPECT TO HER.
THE FACTS DETAILED IN B-196660, SUPRA NOTE THAT MS. IVEY STATED THAT SHE LOCKED THE SAFE IN WHICH THE MISSING FUNDS HAD BEEN PLACED AT ABOUT 4:30 P.M. ON MAY 21, THE EVENING BEFORE THE LOSS WAS DISCOVERED, AND ANOTHER EMPLOYEE, MS. EDWINA LILLY, CHECKED THE SAFE IMMEDIATELY THEREAFTER. CONCLUDED THEN THAT THE MISSING FUNDS WERE APPARENTLY BURGLARIZED AND THAT THERE WAS NO BASIS FOR A FINDING THAT MS. IVEY WAS NEGLIGENT. REVIEWING THE RECORD AGAIN, WE AFFIRM THAT WE SEE NO BASIS FOR A FINDING THAT MS. IVEY WAS NEGLIGENT UNDER THESE CIRCUMSTANCES. ACCORDINGLY, WE CONCUR IN THE ADMINISTRATIVE DETERMINATION AND GRANT RELIEF TO MS. IVEY.
DIGEST
VA REQUESTED RELIEF FROM LIABILITY UNDER 31 U.S.C. SEC. 82A-1 FOR ALTERNATE CASHIER FOR LOSS OF $1,610 RESULTING FROM APPARENT BURGLARY. CASHIER STATED THAT SHE LOCKED SAFE AT CLOSE OF BUSINESS DAY THE EVENING BEFORE THE LOSS WAS DISCOVERED, AND ANOTHER EMPLOYEE VERIFIED THAT SAFE WAS LOCKED IMMEDIATELY THEREAFTER. SINCE CASHIER LOCKED SAFE AND ANOTHER EMPLOYEE VERIFIED IT, AND SINCE LOSS RESULTED FROM APPARENT BURGLARY, GAO CONCURS IN THE ADMINISTRATIVE DETERMINATION THAT LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON PART OF CASHIER AND GRANTS RELIEF.