B-191438, MAY 22, 1978

B-191438: May 22, 1978

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HARRIS: THIS IS IN RESPONSE TO A LETTER FROM THE ASSISTANT SECRETARY FOR ADMINISTRATION. THE FEDERAL BUREAU OF INVESTIGATION WERE CONTACTED. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE CASHIER FRISBY IN CONNECTION WITH THE THEFT. 31 U.S.C. SEC. 82A-1 (1970) AUTHORIZES THE GENERAL ACCOUNTING OFFICE (GAO) TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE IN 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. IT WAS ADMINISTRATIVELY DETERMINED PURSUANT TO 31 U.S.C. SEC. 82A-1 THAT THE LOSS OCCURRED WHILE KATHRYN FRISBY WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON HER PART.

B-191438, MAY 22, 1978

PRECIS-UNAVAILABLE:

PATRICIA R. HARRIS:

THIS IS IN RESPONSE TO A LETTER FROM THE ASSISTANT SECRETARY FOR ADMINISTRATION, WITH ENCLOSURES, WHICH REQUESTS THAT CLASS A CASHIER, KATHRYN J. FRISBY, A HOUSING AND URBAN DEVELOPMENT (HUD) EMPLOYEE IN THE KENTUCKY DISASTER FIELD OFFICE, BELFRY, KENTUCKY, BE RELIEVED OF LIABILITY FOR A SHORTAGE OF FUNDS IN HER CUSTODY IN THE AMOUNT OF $871.07.

THE INFORMATION SUBMITTED TO US INDICATES THAT THE SHORTAGE RESULTED FROM A BURGLARY AT THE KENTUCKY DISASTER FIELD OFFICE. SOMETIME DURING THE NIGHT OF JUNE 30, 1977, UNKNOWN PERSONS) GAINED ENTRY TO THE OFFICE. THE THIEVES FORCIBLY BROKE INTO THE OFFICE SAFE AND ESCAPED WITH $871.07 IN IMPREST FUNDS.

UPON DISCOVERY OF THE THEFT, THE KENTUCKY STATE POLICE, THE PIKE COUNTY SHERIFF'S OFFICES IN PIKEVILLE AND BELFRY, KENTUCKY, AND THE FEDERAL BUREAU OF INVESTIGATION WERE CONTACTED. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE CASHIER FRISBY IN CONNECTION WITH THE THEFT.

31 U.S.C. SEC. 82A-1 (1970) AUTHORIZES THE GENERAL ACCOUNTING OFFICE (GAO) TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE IN 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 UPON THE INVESTIGATIVE FINDINGS, IT WAS ADMINISTRATIVELY DETERMINED PURSUANT TO 31 U.S.C. SEC. 82A-1 THAT THE LOSS OCCURRED WHILE KATHRYN FRISBY WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON HER PART. IN VIEW OF THE EVIDENCE OF A FORCEABLE BREAK-IN OF THE OFFICE AND THE SAFE, AND THE FAILURE TO IMPLICATE THE CASHIER IN ANY WAY, WE CONCUR IN THESE DETERMINATIONS.

ACCORDINGLY, RELIEF IS GRANTED TO CASHIER KATHRYN FRISBY UNDER THE PROVISIONS OF 31 U.S.C. SEC. 82A-1, IN THE AMOUNT OF $871.07. HUD APPROPRIATION 8680143 MAY BE CHARGED WITH THE SHORTAGE.

A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF DISBURSING OFFICE, DEPARTMENT OF THE TREASURY.