B-166514(4), B-168851, B-171073, AUG 31, 1971

B-166514(4),B-168851,B-171073: Aug 31, 1971

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POSTMASTER GENERAL: REFERENCE IS MADE TO THE LETTER OF APRIL 21. IS ACCOUNTABLE ON HIS STATEMENT OF ACCOUNTS FOR THE COLLECTION OF THE SHORTAGES FROM THE FOUR CLERKS. IS NOW DECEASED AND THE OTHER. THE EVIDENCE OF RECORD IS INSUFFICIENT TO WARRANT A FINDING THAT THE $120.46 BALANCE IS UNCOLLECTIBLE AT THIS TIME. CLEARLY INDICATING THAT ALL POSSIBLE EFFORTS HAVE BEEN EXPENDED BY THE POSTMASTER OR THE DEPARTMENT IN ATTEMPTING TO COLLECT THE SUBJECT DEBT. DOCUMENTATION OF ACTION TAKEN TO COLLECT THE BALANCE FROM THE SURETY OR SURETIES UNDER WHICH BOTH CLERKS WERE BONDED. FURTHER CONSIDERATION WILL BE GIVEN TO THE REQUEST FOR RELIEF OF THE POSTMASTER FROM HIS OBLIGATION TO COLLECT. THE DECISION DENYING SUCH RELIEF IS HEREBY SUSTAINED.

B-166514(4), B-168851, B-171073, AUG 31, 1971

POSTMASTER'S DEFICIENCY - SHORTAGES IN FIXED CREDITS AFFIRMING PRIOR DECISION DENYING REQUEST BY MR. STANLEY A. GRENDEL, POSTMASTER, TAYLOR, MICH., TO RELIEVE HIM OF THE OBLIGATION TO COLLECT $120.46 INCIDENT TO THE SHORTAGES IN THE FIXED CREDITS OF TWO WINDOW CLERKS. UNTIL EVIDENCE HAS BEEN SUBMITTED OF THE POSTMASTER'S ATTEMPTS TO COLLECT THE SUM DUE FROM ONE CLERK'S ESTATE AND A STATEMENT OF STEPS TAKEN TO LOCATE THE OTHER CLERK AND DOCUMENTATION OF ACTION TAKEN TO COLLECT THE SUMS FROM THE SURETIES, THE DEBT MAY NOT BE DECLARED UNCOLLECTIBLE.

TO MR. POSTMASTER GENERAL:

REFERENCE IS MADE TO THE LETTER OF APRIL 21, 1971, 9100-KLS:CM, FROM THE POSTAL DATA CENTER, MINNEAPOLIS, MINNESOTA, REQUESTING FURTHER RECONSIDERATION OF THE LETTER OF AUGUST 21, 1969, FROM OUR CIVIL DIVISION WHICH DENIED THE PREVIOUS REQUEST THAT MR. STANLEY A. GRENDEL, POSTMASTER, TAYLOR, MICHIGAN, BE RELIEVED OF LIABILITY FOR A DEFICIENCY OF $197.66 IN HIS ACCOUNT RESULTING FROM SHORTAGES IN THE FIXED CREDITS OF FOUR WINDOW CLERKS.

BY LETTER OF DECEMBER 11, 1970, OUR CIVIL DIVISION REAFFIRMED ITS EARLIER POSITION THAT THE FOUR CLERKS COULD NOT BE RELIEVED AND THAT THE POSTMASTER, WHILE NOT PERSONALLY LIABLE FOR THE SUBJECT LOSS, IS ACCOUNTABLE ON HIS STATEMENT OF ACCOUNTS FOR THE COLLECTION OF THE SHORTAGES FROM THE FOUR CLERKS. THE POSTAL DATA CENTER NOW PRESENTS EVIDENCE SHOWING THAT MR. GRENDEL HAS COLLECTED THE TOTAL SUMS DUE FROM TWO OF THE CLERKS, TOTALING $77.20, BUT THAT ONE OF THE REMAINING TWO CLERKS, E. VARCIE, LIABLE FOR $68.61 OF THE LOSS, IS NOW DECEASED AND THE OTHER, J. FORMAN, LIABLE FOR $51.85 HAS MOVED WITHOUT LEAVING A FORWARDING ADDRESS. IN VIEW OF THIS SITUATION, THE CENTER RECOMMENDS THAT THE SHORTAGE BALANCE OF $120.46 BE DECLARED UNCOLLECTIBLE, AND THAT THE POSTMASTER BE GRANTED RELIEF IN THAT AMOUNT UNDER 39 U.S.C. 2401.

THE EVIDENCE OF RECORD IS INSUFFICIENT TO WARRANT A FINDING THAT THE $120.46 BALANCE IS UNCOLLECTIBLE AT THIS TIME. FURTHER DOCUMENTATION MUST BE SUBMITTED, CLEARLY INDICATING THAT ALL POSSIBLE EFFORTS HAVE BEEN EXPENDED BY THE POSTMASTER OR THE DEPARTMENT IN ATTEMPTING TO COLLECT THE SUBJECT DEBT. THIS WOULD INCLUDE EVIDENCE OF ATTEMPTS TO COLLECT THE SUM DUE FROM MR. VARCIE'S ESTATE, A STATEMENT OF STEPS TAKEN TO LOCATE MR. FORMAN, AND DOCUMENTATION OF ACTION TAKEN TO COLLECT THE BALANCE FROM THE SURETY OR SURETIES UNDER WHICH BOTH CLERKS WERE BONDED.

UPON RECEIPT OF SUCH DOCUMENTATION, FURTHER CONSIDERATION WILL BE GIVEN TO THE REQUEST FOR RELIEF OF THE POSTMASTER FROM HIS OBLIGATION TO COLLECT. FOR THE PRESENT, THE DECISION DENYING SUCH RELIEF IS HEREBY SUSTAINED.