B-208647 L/M, OCT 21, 1982, OFFICE OF GENERAL COUNSEL

B-208647 L/M: Oct 21, 1982

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GENERAL SERVICES ADMINISTRATION: THIS IS IN RESPONSE TO YOUR REQUEST THAT JOYCE RICHARDS. A SAFE CONTAINING IMPREST FUNDS IN THE AMOUNT OF $734.83 WAS STOLEN FROM THE GENERAL SERVICES ADMINISTRATION. THE SUBMISSION STATES THAT THE OFFICE WAS SECURED FOR THE DAY AT APPROXIMATELY 4:45 P.M. THE BURGLARY WAS DISCOVERED THE NEXT DAY AT 7:30 A.M. THE THEFT WAS REPORTED TO THE DISBURSING OFFICER. NO SUSPECTS TO THE BURGLARY HAVE BEEN IDENTIFIED AND THE SAFE AND ITS CONTENTS HAVE NOT BEEN RECOVERED. OUR OFFICE IS AUTHORIZED TO RELIEVE ACCOUNTABLE OFFICERS FROM LIABILITY FOR PHYSICAL LOSSES OF FUNDS WHEN WE AGREE WITH A DETERMINATION BY THE HEAD OF THE AGENCY THAT THE LOSS OCCURRED WHILE THE OFFICER WAS DISCHARGING HIS OR HER OFFICIAL DUTIES AND WAS NOT THE RESULT OF NEGLIGENCE OR FAULT ON THE PART OF THE OFFICER.

B-208647 L/M, OCT 21, 1982, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

MR. RAYMOND A. FONTAINE, GENERAL SERVICES ADMINISTRATION:

THIS IS IN RESPONSE TO YOUR REQUEST THAT JOYCE RICHARDS, CASHIER, EMPLOYED AT THE GENERAL SERVICES ADMINISTRATION (GSA) OFFICE IN MILWAUKEE, WISCONSIN, BE RELIEVED OF LIABILITY FOR A SHORTAGE IN IMPREST FUNDS OF $734.83. FOR THE REASONS STATED BELOW, WE GRANT RELIEF FROM LIABILITY.

THE SUBMISSION INDICATES THAT SOMETIME BETWEEN 4:45 P.M., ON DECEMBER 29, 1981, AND 7:30 A.M., ON DECEMBER 30, 1981, A SAFE CONTAINING IMPREST FUNDS IN THE AMOUNT OF $734.83 WAS STOLEN FROM THE GENERAL SERVICES ADMINISTRATION, MILWAUKEE, WISCONSIN, MOTOR POOL. THE SUBMISSION STATES THAT THE OFFICE WAS SECURED FOR THE DAY AT APPROXIMATELY 4:45 P.M. ON DECEMBER 29, 1981. THE BURGLARY WAS DISCOVERED THE NEXT DAY AT 7:30 A.M. BY AN EMPLOYEE WHO NOTICED THAT THE OFFICE DOOR HAD BEEN FORCED OPEN, A WINDOW BROKEN, AND THE SAFE STOLEN. THE THEFT WAS REPORTED TO THE DISBURSING OFFICER, THE SECRET SERVICE, THE FEDERAL BUREAU OF INVESTIGATIONS, THE MILWAUKEE POLICE AND THE FEDERAL PROTECTIVE SERVICE. AS OF THIS DATE, NO SUSPECTS TO THE BURGLARY HAVE BEEN IDENTIFIED AND THE SAFE AND ITS CONTENTS HAVE NOT BEEN RECOVERED.

UNDER 31 U.S.C. SEC. 3527(A) (FORMERLY SEC. 82A-1), OUR OFFICE IS AUTHORIZED TO RELIEVE ACCOUNTABLE OFFICERS FROM LIABILITY FOR PHYSICAL LOSSES OF FUNDS WHEN WE AGREE WITH A DETERMINATION BY THE HEAD OF THE AGENCY THAT THE LOSS OCCURRED WHILE THE OFFICER WAS DISCHARGING HIS OR HER OFFICIAL DUTIES AND WAS NOT THE RESULT OF NEGLIGENCE OR FAULT ON THE PART OF THE OFFICER.

IT HAS BEEN ADMINISTRATIVELY DETERMINED BY THE GENERAL SERVICES ADMINISTRATION THAT THE LOSS OCCURRED WHILE JOYCE RICHARDS WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES AND THAT THE LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON HER PART. THE RECORD CLEARLY SHOWS THAT THE LOSS RESULTED FROM FORCEABLE ENTRY INTO THE OFFICE AND SUBSEQUENT REMOVAL OF THE ENTIRE SAFE. THERE IS NO EVIDENCE IN THE SUBMISSION OF FAULT, OR NEGLIGENCE BY THE CASHIER WHICH COULD HAVE RESULTED IN THE LOSS OF THE FUNDS. THEREFORE, WE CONCUR WITH THE AGENCY'S FINDINGS.

ACCORDINGLY, UNDER THE PROVISIONS OF 31 U.S.C. SEC. 3527 (FORMERLY SEC. 82A-1), WE GRANT RELIEF TO JOYCE RICHARDS IN THE AMOUNT OF $734.83. THE IMPREST FUND MAY BE REPLENISHED FROM THE APPROPRIATE ACCOUNT.

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