B-198256 L/M, MAY 16, 1980
Highlights
DEPARTMENT OF LABOR: THIS IS IN RESPONSE TO YOUR REQUEST. THE ADMINISTRATION BUILDING AT GOLCONDA WAS BROKEN INTO. WHEN THE SAFE WAS DISCOVERED FOLLOWING THE BREAK-IN. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE MR. AUTHORIZES OUR OFFICE TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE IN THE FOLLOWING DETERMINATIONS BY THE AGENCY HEAD - "*** (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES. MORRISSEY WERE ACTING IN THE DISCHARGE OF THEIR OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON THEIR PART. RELIEF IS GRANTED TO MR. A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF DISBURSING OFFICER.
B-198256 L/M, MAY 16, 1980
OFFICE OF GENERAL COUNSEL:
ALFRED M. ZUCK, DEPARTMENT OF LABOR:
THIS IS IN RESPONSE TO YOUR REQUEST, TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE BY THE ACTING CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY, THAT RELIEF BE GRANTED IN THE AMOUNT OF $1,645.81 TO COVER A SHORTAGE IN THE IMPREST FUND ACCOUNT OF MR. W. L. RICKERT, SPECIAL DISBURSING AGENT, DEPARTMENT OF LABOR, SERVICES DIVISION, FIELD SERVICES OFFICE, UNITED STATES ARMY FINANCE AND ACCOUNTING CENTER, INDIANAPOLIS, INDIANA, AND MR. ROBERT MORRISSEY, THE DESIGNATED IMPREST FUND CASHIER.
THE INFORMATION SUBMITTED TO US INDICATES THAT THE SHORTAGE RESULTED FROM A BURGLARY AT THE GOLCONDA CIVILIAN CONSERVATION CENTER, GOLCONDA, ILLINOIS. THE RECORD INDICATES THAT SOMETIME BETWEEN THE EVENING OF NOVEMBER 25, 1976, AND THE EARLY MORNING HOURS OF NOVEMBER 26, 1976, THE ADMINISTRATION BUILDING AT GOLCONDA WAS BROKEN INTO. UNKNOWN PERSONS) MOVED THE SAFE CONTAINING THE MISSING FUNDS FROM ITS USUAL LOCATION IN THE OFFICE INTO AN ADJOINING BATHROOM. WHEN THE SAFE WAS DISCOVERED FOLLOWING THE BREAK-IN, THE ENTIRE SAFE DOOR HAD BEEN REMOVED. THE FEDERAL BUREAU OF INVESTIGATION INVESTIGATED THE THEFT AND CLOSED ITS CASE WITHOUT RESULTS. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE MR. RICKERT OR MR. MORRISSEY IN CONNECTION WITH THE THEFT.
SECTION 82A-1 OF TITLE 31, U.S.C. AUTHORIZES OUR OFFICE TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE IN THE FOLLOWING DETERMINATIONS BY THE AGENCY HEAD -
"*** (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, OR THAT SUCH LOSS OR DEFICIENCY OCCURRED BY REASON OF THE ACT OR OMISSION OF A SUBORDINATE OF SUCH OFFICER OR AGENT; AND (2) THAT SUCH LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF SUCH OFFICER OR AGENT
BASED ON THE INVESTIGATIVE FINDINGS, YOU DETERMINED PURSUANT TO 31 U.S.C. SEC. 82A-1 THAT THE LOSS OCCURRED WHILE MR. RICKERT AND MR. MORRISSEY WERE ACTING IN THE DISCHARGE OF THEIR OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON THEIR PART. WE CONCUR IN THESE DETERMINATIONS.
ACCORDINGLY, RELIEF IS GRANTED TO MR. RICKERT AND MR. MORRISSEY IN THE AMOUNT OF $1,645.81. DEPARTMENT OF LABOR APPROPRIATION NO. 167/80174 MAY BE CHARGED WITH THE SHORTAGE.
A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY (HIS REFERENCE G-DD:DO:GS).