B-170841, APR 22, 1971

B-170841, APR 22, 1971

OFFER IN COMPROMISE - POSTAGE DEFICIENCY DECISION THAT A COMPROMISE OFFER OF A LUMP-SUM PAYMENT OF $710 PLUS $15 PER WEEK FOR ONE YEAR SHOULD BE ACCEPTED FROM MR. CHARLES KAPPMEIER, FORMER PUBLISHER OF THE "NORTH BERGEN NEWS" TO SETTLE IN FULL THE POST OFFICE DEPARTMENTS REVENUE DEFICIENCY CLAIM TOTALING $5,375.77. IT APPEARS THAT FURTHER ATTEMPTS TO EFFECT A LARGER SETTLEMENT WILL NOT MEET WITH ANY SUCCESS. FURTHER, WHEN MR. KAPPMEIER MAKES THE PAYMENT RELIEF WILL BE GRANTED THE ASSISTANT POSTMASTER AND THE CLASSIFICATION CLERK WHO HAVE BEEN HELD JOINTLY AND SEVERALLY LIABLE FOR THE POSTAGE DEFICIENCY.

TO THE POSTMASTER GENERAL:

REFERENCE IS MADE TO THE LETTER DATED FEBRUARY 17, 1971, WITH ENCLOSURE, FROM THE DIRECTOR, ACCOUNTING SERVICES DIVISION, FINANCE AND ADMINISTRATION DEPARTMENT, POST OFFICE DEPARTMENT, REFERENCE 335:MCB:CD, TO THE ASSISTANT DIRECTOR, CIVIL DIVISION OF OUR OFFICE, TRANSMITTING FOR OUR CONSIDERATION AND CONCURRENCE UNDER 39 U.S.C. 2401 A COMPROMISE OFFER OF A LUMP-SUM PAYMENT OF $710, PLUS WEEKLY PAYMENTS OF $15 FOR ONE YEAR, FROM MR. CHARLES KAPPMEIER, FORMER PUBLISHER OF THE "NORTH BERGEN NEWS," TO SETTLE IN FULL THE POST OFFICE DEPARTMENT'S REVENUE DEFICIENCY CLAIM TOTALING $5,375.77 AGAINST THE "NORTH BERGEN NEWS."

AFTER FURTHER CONSIDERATION OF THE RECORD IN THIS MATTER, WE CONCUR WITH THE VIEW EXPRESSED IN THE CITED LETTER, THAT FURTHER ATTEMPTS TO EFFECT A LARGER SETTLEMENT WILL NOT MEET WITH ANY SUCCESS, AND CONCUR WITH THE RECOMMENDATION THAT THIS LATEST COMPROMISE OFFER BE ACCEPTED.

WE NOTE THAT THE LETTER OF FEBRUARY 17, 1971, ALSO RECOMMENDS THAT THE POSTMASTER INVOLVED "BE RELIEVED OF THE BALANCE OF THE CLAIM REMAINING UNPAID BECAUSE OF THE ACCEPTANCE OF THIS COMPROMISE OFFER." IN THIS CONNECTION, YOU ARE ADVISED THAT THE LETTER OF JANUARY 12, 1971, FROM OUR CIVIL DIVISION ADVISED THE SPECIAL ASSISTANT FOR ACCOUNTING SERVICES THAT THE POSTMASTER WAS RELIEVED OF LIABILITY INASMUCH AS WE DID NOT FIND HIM PERSONALLY GUILTY OF NEGLIGENCE IN THE MATTER; AND THAT BOTH THE ASSISTANT POSTMASTER AND THE CLASSIFICATION CLERK INVOLVED MUST BE HELD JOINTLY AND SEVERALLY LIABLE FOR THE POSTAGE DEFICIENCY. HOWEVER, SINCE THE INDEBTEDNESS OF MR. KAPPMEIER WILL NOW BE TERMINATED BY ACCEPTANCE OF HIS COMPROMISE OFFER, OUR CIVIL DIVISION IS BEING INSTRUCTED TO GRANT RELIEF IN THE FULL AMOUNT OF SUCH INDEBTEDNESS TO THE ASSISTANT POSTMASTER AND THE CLASSIFICATION CLERK, UPON NOTIFICATION FROM YOUR DEPARTMENT THAT MR. KAPPMEIER HAS PAID THE AMOUNT AGREED UPON.