B-205429 L/M, JAN 18, 1982, OFFICE OF GENERAL COUNSEL
Highlights
DIGEST: IMPREST FUND CASHIER WHO WAS ROBBED OF $1030.77. IS RELIEVED OF LIABILITY UNDER 31 U.S.C. SEC. 82A-1 (1976) WHERE FACTS INDICATE CASHIER WAS ACTING IN HER OFFICIAL CAPACITY AND RECORD CONTAINS NO EVIDENCE OF NEGLIGENCE ON HER PART. NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION: THIS IS IN RESPONSE TO YOUR REQUEST FOR RELIEF OF NATIONAL WEATHER SERVICE TRAINING CENTER IMPREST FUND CASHIER CONNIE HEDGPETH FROM LIABILITY FOR $1030.77 IN OFFICIAL FUNDS WHICH WERE TAKEN FROM HER IN THE COURSE OF A ROBBERY. RELIEF IS GRANTED. AS SHE WAS ABOUT TO ENTER THE TRAINING CENTER. AN UNKNOWN INDIVIDUAL GRABBED THE MONEY BAG SHE WAS CARRYING AND FLED INTO A WAITING VEHICLE. HEDGPETH WAS ABLE TO OBTAIN THE LICENSE NUMBER OF THE VEHICLE.
B-205429 L/M, JAN 18, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: IMPREST FUND CASHIER WHO WAS ROBBED OF $1030.77, THE PROCEEDS OF AN IMPREST FUND CHECK, IS RELIEVED OF LIABILITY UNDER 31 U.S.C. SEC. 82A-1 (1976) WHERE FACTS INDICATE CASHIER WAS ACTING IN HER OFFICIAL CAPACITY AND RECORD CONTAINS NO EVIDENCE OF NEGLIGENCE ON HER PART.
MR. SAMUAL A. LAWRENCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION:
THIS IS IN RESPONSE TO YOUR REQUEST FOR RELIEF OF NATIONAL WEATHER SERVICE TRAINING CENTER IMPREST FUND CASHIER CONNIE HEDGPETH FROM LIABILITY FOR $1030.77 IN OFFICIAL FUNDS WHICH WERE TAKEN FROM HER IN THE COURSE OF A ROBBERY. FOR THE REASONS STATED BELOW, RELIEF IS GRANTED.
THE RECORD SHOWS THAT ON THE MORNING OF JUNE 29, 1981, MS. HEDGPETH, ACCOMPANIED BY ONE OF THE STUDENTS AT THE TRAINING CENTER, WENT TO THE LOCAL BANK AND CASHED A CHECK FOR THE IMPREST FUND IN THE AMOUNT STATED ABOVE. UPON HER RETURN, AS SHE WAS ABOUT TO ENTER THE TRAINING CENTER, AN UNKNOWN INDIVIDUAL GRABBED THE MONEY BAG SHE WAS CARRYING AND FLED INTO A WAITING VEHICLE. ALTHOUGH MS. HEDGPETH WAS ABLE TO OBTAIN THE LICENSE NUMBER OF THE VEHICLE, THE POLICE HAVE NOT RECOVERED ANY OF THE STOLEN FUNDS.
YOU STATE IN YOUR SUBMISSION THAT YOU HAVE DETERMINED THAT MS. HEDGPETH EXERCISED REASONABLE CARE AND PRUDENCE IN SAFEGUARDING THESE FUNDS AND THAT NO NEGLIGENCE WAS ATTRIBUTABLE TO HER.
IN ORDER TO GRANT RELIEF GAO MUST CONCUR IN THE AGENCY HEAD'S DETERMINATION THAT THE LOSS OCCURRED WHILE THE ACCOUNTABLE OFFICER OR AGENT WAS ACTING IN DISCHARGE OF HIS/HER OFFICIAL DUTIES, AND THAT THE LOSS OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE OFFICER OR AGENT. 31 U.S.C. SEC. 82A-1 (1976). IN THIS CASE, ALTHOUGH THE DETERMINATION THAT MS. HEDGPETH WAS ACTING IN DISCHARGE OF HER OFFICIAL DUTIES HAS NOT BEEN EXPRESSLY MADE, THE RECITAL OF FACTS CLEARLY SUGGESTS THIS WAS THE AGENCY CONCLUSION. THE QUESTION OF RELIEF, THEREFORE, TURNS ON THE PRESENCE OR ABSENCE OF NEGLIGENCE.
WE CONCUR IN YOUR DETERMINATION THAT THE LOSS IN QUESTION HERE OCCURRED WITHOUT THE FAULT OR NEGLIGENCE OF MS. HEDGPETH. IN ADDITION, THERE IS NO EVIDENCE WHICH IN ANY WAY MIGHT TEND TO IMPLICATE MS. HEDGPETH IN THE THEFT. ACCORDINGLY, WE GRANT RELIEF TO CASHIER HEDGPETH IN THE AMOUNT OF $1030.77. A CHARGE MAY BE MADE TO THE PROPER APPROPRIATION AS PROVIDED IN 31 U.S.C. SEC. 82A-1.