B-198303 L/M, MAY 15, 1980
Highlights
DEPARTMENT OF LABOR: THIS IS IN RESPONSE TO YOUR REQUEST. THE ADMINISTRATION BUILDING AT OUACHITA WAS ENTERED PERHAPS THROUGH AN UNLOCKED WINDOW. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE MR. AUTHORIZES OUR OFFICE TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE WITH THE FOLLOWING 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. CHAPMAN WERE ACTING IN THE DISCHARGE OF THEIR OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON THEIR PART. RELIEF IS GRANTED TO MR. A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF DISBURSING OFFICER.
B-198303 L/M, MAY 15, 1980
OFFICE OF GENERAL COUNSEL
ALFRED M. ZUCK, DEPARTMENT OF LABOR:
THIS IS IN RESPONSE TO YOUR REQUEST, TRANSMITTED TO THE GENERAL ACCOUNTING OFFICE BY THE ACTING CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY, THAT RELIEF BE GRANTED IN THE AMOUNT OF $1,891 TO COVER A SHORTAGE IN THE IMPREST FUND ACCOUNT OF MR. W. L. RICKERT, SPECIAL DISBURSING AGENT, DEPARTMENT OF LABOR, SERVICES DIVISION, FIELD SERVICES OFFICE, UNITED STATES ARMY FINANCE AND ACCOUNTING CENTER, INDIANAPOLIS, INDIANA, AND MR. DENNIS CHAPMAN, THE DESIGNATED IMPREST FUND CASHIER FOR OUACHITA CIVILIAN CONSERVATION CENTER, ROYAL, ARKANSAS. (OUACHITA).
THE INFORMATION SUBMITTED TO US INDICATES THAT THE SHORTAGE RESULTED FROM A BURGLARY AT OUACHITA. SOME TIME BETWEEN 5:45 P.M., JULY 30, 1976, AND 4:15 A.M., JULY 31, 1976, THE ADMINISTRATION BUILDING AT OUACHITA WAS ENTERED PERHAPS THROUGH AN UNLOCKED WINDOW. UNKNOWN PERSONS) GAINED ENTRY TO THE SAFE CONTAINING THE MISSING FUNDS BY PEELING THE BACK PORTION OF THE SAFE AND TEARING A HOLE THROUGH THE FIRE WALL AND INNER METAL LINING. THE FEDERAL BUREAU OF INVESTIGATION INVESTIGATED THE THEFT AND CLOSED ITS CASE WITHOUT RESULTS. NO INFORMATION WAS DEVELOPED THAT WOULD IMPLICATE MR. RICKERT OR MR. CHAPMAN IN CONNECTION WITH THE THEFT.
SECTION 82A-1 OF TITLE 31, U.S.C. AUTHORIZES OUR OFFICE TO GRANT RELIEF TO AN ACCOUNTABLE OFFICER FOR A PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE WITH THE FOLLOWING 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 ON THE INVESTIGATIVE FINDINGS, YOU DETERMINED PURSUANT TO 31 U.S.C. SEC. 82A-1 THAT THE LOSS OCCURRED WHILE MR. RICKERT AND MR. CHAPMAN WERE ACTING IN THE DISCHARGE OF THEIR OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON THEIR PART. WE CONCUR IN THESE DETERMINATIONS.
ACCORDINGLY, RELIEF IS GRANTED TO MR. RICKERT AND MR. CHAPMAN IN THE AMOUNT OF $1,891. DEPARTMENT OF LABOR APPROPRIATION NO. 16M0174 MAY BE CHARGED WITH THE SHORTAGE.
A COPY OF THIS DECISION IS BEING SENT TO THE CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY (HIS REFERENCE G:DD/GS).