B-71073, JANUARY 27, 1948, 27 COMP. GEN. 404

B-71073: Jan 27, 1948

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HAVE NO APPLICATION IN THE CASE OF AN ACCOUNTABLE OFFICER WHO PERSONALLY COVERED SHORTAGE IN HIS OFFICIAL ACCOUNTS WHICH AROSE WHILE MAKING CHANGE IN CONNECTION WITH THE SALE OF SURPLUS PROPERTY. 1948: REFERENCE IS MADE TO A LETTER DATED NOVEMBER 7. THE ORIGINAL FILE WAS NOT RECEIVED WITH THE LETTER BUT DUPLICATE COPIES OF THE PERTINENT PAPERS IN THE CASE SUBSEQUENTLY WERE FURNISHED. RAYPOLE WAS ASSIGNED APRIL 15. PRIOR TO THE OPENING OF THE SALE PROSPECTIVE PURCHASERS WERE PERMITTED TO INSPECT PREPRICED EQUIPMENT AND IT WAS ANTICIPATED THAT SUCH PURCHASERS WOULD APPEAR AT THE SALE WITH CHECKS OR CASH IN THE EXACT AMOUNT OF THE CONTEMPLATED PURCHASES. EVEN THOUGH SUCH ACTION WAS IN CONTRAVENTION OF EXISTING REGULATIONS.

B-71073, JANUARY 27, 1948, 27 COMP. GEN. 404

ACCOUNTABLE OFFICERS - RELIEF - ACT OF AUGUST 1, 1947 THE PROVISIONS OF THE ACT OF AUGUST 1, 1947, AUTHORIZING THE GENERAL ACCOUNTING OFFICE TO RELIEVE, IN PROPER CASES, ACCOUNTABLE OFFICERS OF RESPONSIBILITY ON ACCOUNT OF DEFICIENCY OF GOVERNMENT FUNDS, HAVE NO APPLICATION IN THE CASE OF AN ACCOUNTABLE OFFICER WHO PERSONALLY COVERED SHORTAGE IN HIS OFFICIAL ACCOUNTS WHICH AROSE WHILE MAKING CHANGE IN CONNECTION WITH THE SALE OF SURPLUS PROPERTY.

ACTING COMPTROLLER GENERAL YATES TO THE ACTING ADMINISTRATOR, WAR ASSETS ADMINISTRATION, JANUARY 27, 1948:

REFERENCE IS MADE TO A LETTER DATED NOVEMBER 7, 1947 ( FAC-E/AC), FROM THE ASSOCIATE ADMINISTRATOR, WAR ASSETS ADMINISTRATION, PURPORTING TO TRANSMIT THE COMPLETE FILE IN THE CASE OF A SHORTAGE IN THE ACCOUNTS OF CLARENCE E. RAYPOLE, COLLECTION OFFICER OF YOUR ADMINISTRATION, AND REQUESTING THAT CONSIDERATION BE GIVEN TO THE RELIEF OF THE SAID OFFICER UNDER THE PROVISIONS OF PUBLIC LAW 321, APPROVED AUGUST 1, 1947.

THE ORIGINAL FILE WAS NOT RECEIVED WITH THE LETTER BUT DUPLICATE COPIES OF THE PERTINENT PAPERS IN THE CASE SUBSEQUENTLY WERE FURNISHED.

IT APPEARS THAT MR. RAYPOLE WAS ASSIGNED APRIL 15, 1947, TO ACT IN THE CAPACITY OF A BONDED COLLECTION OFFICER AT A SITE SALE HELD AT ROSSFORD ORDNANCE WORKS, NEAR TOLEDO, OHIO, AND SERVED IN THAT CAPACITY FROM APRIL 16, TO MAY 1, 1947. PRIOR TO THE OPENING OF THE SALE PROSPECTIVE PURCHASERS WERE PERMITTED TO INSPECT PREPRICED EQUIPMENT AND IT WAS ANTICIPATED THAT SUCH PURCHASERS WOULD APPEAR AT THE SALE WITH CHECKS OR CASH IN THE EXACT AMOUNT OF THE CONTEMPLATED PURCHASES. HOWEVER, DUE TO VARYING FACTORS, THE PURCHASERS FOUND THEMSELVES WITH CHECKS OR BILLS IN AMOUNTS LARGER THAN THE COST OF THEIR PURCHASES. MR. RAYPOLE, IN ORDER TO FACILITATE THE PROGRESS OF THE SALE, UNDERTOOK TO MAKE CHANGE FOR THE LARGE BILLS AND MAKE REFUNDS ON CASHIER'S CHECKS AND DRAFTS, EVEN THOUGH SUCH ACTION WAS IN CONTRAVENTION OF EXISTING REGULATIONS. AS A RESULT, A SHORTAGE OF $100 WAS FOUND IN HIS ACCOUNT AT THE END OF THE FIRST DAY OF THE SALE.

ON JUNE 25, 1947, IN ACCORDANCE WITH INSTRUCTIONS, MR. RAYPOLE SUBMITTED HIS PERSONAL CHECK IN THE AMOUNT OF $100 TO COVER THE SHORTAGE AND SAID AMOUNT WAS DEPOSITED TO THE CREDIT OF THE ACCOUNT "IF 5885 SPECIAL DEPOSITS PROCEEDS OF SALE OF SURPLUS PROPERTY, WAR ASSETS ADMINISTRATION.' THUS, SO FAR AS CONCERNS THE PARTICULAR TRANSACTION, MR. RAYPOLE'S ACCOUNTS ARE IN BALANCE.

PUBLIC LAW 321, 61 STAT. 720, UNDER WHICH RELIEF NOW IS SOUGHT, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

THAT THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED, AFTER CONSIDERATION OF THE PERTINENT FINDINGS AND IF IN CONCURRENCE WITH THE DETERMINATION AND RECOMMENDATIONS OF THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT CONCERNED, TO RELIEVE ANY DISBURSING OR OTHER ACCOUNTABLE OFFICER OR AGENT OR FORMER DISBURSING OR OTHER ACCOUNTABLE OFFICER OR AGENT OF ANY SUCH DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT CHARGED WITH RESPONSIBILITY ON ACCOUNT OF PHYSICAL LOSS OR DEFICIENCY OF GOVERNMENT FUNDS, VOUCHERS, RECORDS, CHECKS, SECURITIES, OR PAPERS IN HIS CHARGE, IF THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT DETERMINED (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 OCCURRED BY REASON OF THE ACT OR OMISSION OF THE 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. THIS ACT SHALL BE APPLICABLE ONLY TO THE ACTUAL PHYSICAL LOSS OR DEFICIENCY OF GOVERNMENT FUNDS, VOUCHERS, RECORDS, CHECKS, SECURITIES, OR PAPERS, AND SHALL NOT INCLUDE DEFICIENCIES IN THE ACCOUNTS OF SUCH OFFICERS OR AGENTS RESULTING FROM ILLEGAL OR ERRONEOUS PAYMENTS.

UNDER THE PROVISIONS OF THE AFORE-QUOTED ACT, DISBURSING OR OTHER ACCOUNTABLE OFFICERS, OTHERWISE MEETING THE REQUIREMENTS THEREOF, MAY BE RELIEVED OF RESPONSIBILITY ON ACCOUNT OF DEFICIENCY OF GOVERNMENT FUNDS. HOWEVER, AS HERETOFORE INDICATED, THERE IS NO DEFICIENCY IN THE ACCOUNTS OF CLARENCE E. RAYPOLE, FOR THE RELIEF OF WHICH CONSIDERATION MAY BE GIVEN UNDER THE ACT.

WHILE SECTION 30 OF THE SURPLUS PROPERTY ACT OF 1944, AS AMENDED, 50 U.S.C., SUPP. V, 1639, PROVIDES FOR REFUNDS OF MONEYS RECEIVED FROM TRANSACTIONS UNDER THE ACT UNDER CERTAIN CIRCUMSTANCES AND CONDITIONS, SUCH REFUNDING AUTHORITY HAS NO APPLICATION IN A SITUATION SUCH AS HERE PRESENTED. PUBLIC LAW 321 MAKES NO APPROPRIATION AND THERE IS NO OTHER APPROPRIATION AVAILABLE FROM WHICH REFUND COULD BE MADE. IN THIS CONNECTION, SEE 3 COMP. GEN. 150.

UNDER THE CIRCUMSTANCES, I HAVE TO ADVISE THERE IS NOT PRESENTED A CASE FOR WHICH RELIEF MAY BE AFFORDED CLARENCE E. RAYPOLE UNDER PUBLIC LAW 321, SUPRA. ..END :