B-201126 L/M, JAN 27, 1981

B-201126 L/M, JAN 27, 1981

OFFICE OF GENERAL COUNSEL

MAX CLELAND, ADMINISTRATOR OF VETERANS AFFAIRS VETERANS ADMINISTRATION:

MR. CLELAND:

THIS IS IN REPLY TO AN OCTOBER 21, 1980, LETTER FROM THE CONTROLLER, VETERANS ADMINISTRATION, ROUTED THROUGH THE CHIEF DISBURSING OFFICER, DEPARTMENT OF THE TREASURY (HIS REFERENCE G-DD:DO/GS), REQUESTING THAT RELIEF BE GRANTED UNDER 31 U.S.C. SEC. 82A-1 IN THE AMOUNT OF $16,851.96, ON BEHALF OF PHYLLIS SCOGGIN, CLASS-B-CASHIER, VETERANS ADMINISTRATION MEDICAL CENTER, HAMPTON, VIRGINIA, TO COVER A LOSS IN HER ACCOUNT WHICH RESULTED FROM AN ARMED ROBBERY.

THE RECORD DISCLOSES THAT ON MARCH 8, 1978, AT APPROXIMATELY 10 A.M., A MAN ENTERED THE PATIENT FUNDS OFFICE AND ASKED THE CLERK, MRS. TYNDALL, HOW MUCH HE COULD DEPOSIT. UPON RECEIVING AN ANSWER HE PUT A SKI MASK OVER HIS FACE AND PULLED OUT A PISTOL. A SECOND MAN, ALSO ARMED WITH A PISTOL AND HOLDING TWO HOSPITAL EMPLOYEES AT GUN POINT, THEN ENTERED THE OFFICE. MRS. TYNDALL WAS ORDERED TO TELL THE LADY IN THE CASHIER'S OFFICE TO OPEN THE DOOR. PHYLLIS SCOGGIN, THE CASHIER, OPENED THE DOOR AND WAS TOLD, "THIS IS A HOLD-UP."

THE ROBBERS THEN HAD MRS. TYNDALL BIND MRS. SCOGGIN AND ANOTHER CASHIER AND THE TWO HOSPITAL EMPLOYEES AND HAD HER TAPE THEIR MOUTHS. ONE ROBBER THEN BOUND AND TAPED MRS. TYNDALL WHILE THE OTHER EMPTIED THE SAFE AND TELLER'S DRAWERS. A SUBSEQUENT AUDIT REVEALED THE LOSS TO BE IN THE AMOUNT OF $16,851.96.

AFTER THE MEN FLED, THE EMPLOYEES WHO MANAGED TO FREE THEMSELVES REPORTED THE ROBBERY TO THE HOSPITAL POLICE. THE HAMPTON POLICE DEPARTMENT, THE FEDERAL BUREAU OF INVESTIGATION (FBI), AND THE SECRET SERVICE WERE NOTIFIED. REPRESENTATIVES FROM THE HAMPTON POLICE DEPARTMENT AND THE FBI INVESTIGATED, BUT THE INVESTIGATIONS PRODUCED NO SUSPECTS. THE FBI, WHICH ASSUMED CONTROL OF THE CASE, HAS CLOSED ITS FILE UNTIL NEW INFORMATION BECOMES AVAILABLE.

PURSUANT TO A DELEGATION, THE CONTROLLER MADE A DETERMINATION, AS REQUIRED BY THE RELIEF STATUTE, 31 U.S.C. SEC. 82A-1, THAT THE LOSS OCCURRED WHILE THE CASHIER WAS ACTING IN HER OFFICIAL CAPACITY, WITHOUT FAULT OR NEGLIGENCE ON HER PART. HE RECOMMENDED THAT OUR OFFICE RELIEVE PHYLLIS SCOGGIN OF LIABILITY FOR THIS LOSS AS PROVIDED BY THAT STATUTE.

THE LOSS OF FUNDS OCCURRED AS THE RESULT OF A ROBBERY WHICH TOOK PLACE WHILE PHYLLIS SCOGGIN WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES, AND WITHOUT FAULT OR NEGLIGENCE ON HER PART. NOTHING IN THE RECORD SUGGESTS EITHER THAT THE ROBBERY DID NOT OCCUR AS REPORTED, OR THAT THE CASHIER IS IMPLICATED IN ANY WAY. WE HAVE IN SIMILAR CIRCUMSTANCES GRANTED RELIEF FROM LIABILITY. SEE B-191579, MAY 22, 1978. ACCORDINGLY, WE CONCUR WITH THE ADMINISTRATIVE DETERMINATION AND GRANT RELIEF FROM LIABILITY TO PHYLLIS SCOGGIN UNDER THE PROVISIONS OF 31 U.S.C. SEC. 82A-1 (1970).

DIGEST

UNDER AUTHORITY OF 31 U.S.C. SEC. 82A-1 (1970) RELIEF IS GRANTED TO CASHIER, VA HOSPITAL, FOR LOSS OF FUNDS IN HER ACCOUNT RESULTING FROM ROBBERY. VA CONTROLLER DETERMINED, AND RECORD CORROBORATES THAT LOSS RESULTED FROM ROBBERY WHICH OCCURRED (1) WHILE CASHIER WAS ACTING IN DISCHARGE OF HER OFFICIAL DUTIES AND (2) WITHOUT FAULT OR NEGLIGENCE ON HER PART.