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B-204464 L/M, MAY 12, 1983, OFFICE OF GENERAL COUNSEL

B-204464 L/M May 12, 1983
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GENERAL SERVICES ADMINISTRATION: THIS IS IN RESPONSE TO YOUR REQUEST THAT SARAH CLELLAND. YOU HAVE NOW PROVIDED OUR OFFICE WITH THE REQUISITE DETERMINATIONS AND. RELIEF IS GRANTED. IT WAS DISCOVERED BY BUILDINGS MANAGER RICHARD D. A SAFE CONTAINING A CASH BOX WHICH HELD THE IMPREST FUND HAD BEEN PRIED OPEN ALTHOUGH NO TOOLS WERE FOUND ON THE SCENE. APPROXIMATELY 40 DENTS HAD BEEN MADE ON THE TOP OF THE SAFE AND THE CASH BOX WAS FOUND ON THE FLOOR ALONG WITH VARIOUS SCATTERED PAPERS. THERE WAS NO APPEARANCE OF FORCED ENTRY INTO THE OFFICE WHERE THE SAFE WAS LOCATED. BOTH THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE FEDERAL PROTECTIVE SERVICE (FPS) WERE NOTIFIED AND THE FPS ISSUED A PRELIMINARY INVESTIGATION REPORT.

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B-204464 L/M, MAY 12, 1983, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. LEROY P. BOUCHER, GENERAL SERVICES ADMINISTRATION:

THIS IS IN RESPONSE TO YOUR REQUEST THAT SARAH CLELLAND, IMPREST FUND CASHIER, INDIANAPOLIS, INDIANA, FIELD OFFICE OF THE PUBLIC BUILDINGS SERVICE, BE RELIEVED FROM LIABILITY FOR A LOSS OF $879.05 AS A RESULT OF AN APPARENT THEFT. IN B-204464, JANUARY 19, 1982, WE DENIED MS. CLELLAND RELIEF BECAUSE YOUR AGENCY FAILED TO PROVIDE THIS OFFICE WITH THE PROPER STATUTORY DETERMINATIONS AS REQUIRED BY 31 U.S.C. SEC. 3527 (FORMERLY 31 U.S.C. SEC. 82A-1). HOWEVER, YOU HAVE NOW PROVIDED OUR OFFICE WITH THE REQUISITE DETERMINATIONS AND, THEREFORE, FOR THE REASONS STATED BELOW, RELIEF IS GRANTED.

THE RECORD INDICATES THAT THE APPARENT THEFT OCCURRED ON SUNDAY, APRIL 26, 1981, AT APPROXIMATELY 5:00 P.M. IT WAS DISCOVERED BY BUILDINGS MANAGER RICHARD D. GARDNER. A SAFE CONTAINING A CASH BOX WHICH HELD THE IMPREST FUND HAD BEEN PRIED OPEN ALTHOUGH NO TOOLS WERE FOUND ON THE SCENE. APPROXIMATELY 40 DENTS HAD BEEN MADE ON THE TOP OF THE SAFE AND THE CASH BOX WAS FOUND ON THE FLOOR ALONG WITH VARIOUS SCATTERED PAPERS. HOWEVER, THERE WAS NO APPEARANCE OF FORCED ENTRY INTO THE OFFICE WHERE THE SAFE WAS LOCATED. BOTH THE FEDERAL BUREAU OF INVESTIGATION (FBI) AND THE FEDERAL PROTECTIVE SERVICE (FPS) WERE NOTIFIED AND THE FPS ISSUED A PRELIMINARY INVESTIGATION REPORT. THE INDIANAPOLIS POLICE DEPARTMENT CONDUCTED A CRIME SCENE ANALYSIS AND THE SECRET SERVICE CONDUCTED ITS OWN INVESTIGATION OF THE THEFT. NO ARREST HAS BEEN MADE.

THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO GRANT RELIEF FROM LIABILITY TO ACCOUNTABLE OFFICERS UNDER 31 U.S.C. SEC. 3527, SUPRA, WHEN WE AGREE WITH THE DETERMINATION BY THE HEAD OF THE AGENCY OR HIS DELEGATEE THAT THE LOSS OCCURRED WHILE THE ACCOUNTABLE OFFICER WAS CARRYING OUT OFFICIAL DUTIES, AND THAT THE LOSS WAS NOT THE RESULT OF FAULT OR NEGLIGENCE ON THE PART OF THE OFFICER.

YOU HAVE DETERMINED THAT THE LOSS OCCURRED WHILE MS. CLELLAND WAS ACTING IN DISCHARGE OF HER OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON HER PART. WE CONCUR.

THE EVIDENCE IN THE RECORD CLEARLY SHOWS THAT A BURGLARY OCCURRED. ALTHOUGH THERE WAS NO APPEARANCE OF FORCED ENTRY INTO THE OFFICE, NUMEROUS DENTS WERE FOUND ON THE TOP OF THE SAFE AND THE CASH BOX WAS FOUND ON THE FLOOR AMIDST VARIOUS SCATTERED PAPERS. ADDITIONALLY, THERE IS NO INDICATION THAT MS. CLELLAND IS IMPLICATED IN THE THEFT OR THAT SHE FAILED TO USE DUE CARE TO ENSURE THAT THE IMPREST FUNDS WERE SECURED.

ACCORDINGLY, RELIEF IS GRANTED IN THE AMOUNT OF $879.05. A CHARGE MAY BE MADE TO THE PROPER APPROPRIATION.

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