B-208022 L/M, AUG 31, 1982, OFFICE OF GENERAL COUNSEL

B-208022 L/M, AUG 31, 1982, OFFICE OF GENERAL COUNSEL

PRECIS-UNAVAILABLE

J. LYNN HELMS, DEPARTMENT OF TRANSPORTATION:

THIS IS IN RESPONSE TO A LETTER FROM THE CHIEF OF YOUR FINANCIAL SYSTEMS DIVISION, OFFICE OF ACCOUNTING, REQUESTING THAT HILDEGARD A. GRYSIAK, IMPREST FUND CASHIER FOR THE DETROIT GENERAL AVIATION DISTRICT OFFICE, BELLEVILLE, MICHIGAN BE RELIEVED OF LIABILITY FOR AN IMPREST FUND SHORTAGE IN THE AMOUNT OF $371.46. A COPY OF THIS LETTER WITH ITS ATTACHMENTS IS ENCLOSED. IN VIEW OF THE AMOUNT INVOLVED, WE RETURN THE REQUEST TO YOU FOR RESOLUTION BY ADMINISTRATIVE ACTION IN ACCORDANCE WITH THE FOLLOWING DISCUSSION.

ACCORDING TO THE RECORD, THE LOSS RESULTED FROM AN APPARENT BREAK-IN AND THEFT AT THE DETROIT DISTRICT OFFICE SOME TIME BETWEEN 3 P.M. ON SATURDAY, MARCH 27, 1982, AND 7:45 A.M. ON MARCH 28, 1982. THE IMPREST FUND WAS KEPT IN A CLASS 6 GSA-APPROVED TWO-DRAWER MOSLER SAFE WITH A BUILT-IN COMBINATION LOCK. THE RECORD ALSO INDICATES THAT THE SAFE WAS ROUTINELY KEPT LOCKED AT ALL TIMES EXCEPT WHEN IN USE AND CHECKED AT THE END OF THE WORKING DAY BY THE CASHIER OR THE CHIEF OF THE DETROIT DISTRICT OFFICE. AT APPROXIMATELY 7:45 A.M. ON MARCH 28, 1982, AN EMPLOYEE DISCOVERED SIGNS OF A FORCIBLE ENTRY TO THE FEDERAL AVIATION ADMINISTRATION BUILDING WHICH CONTAINED THE DETROIT DISTRICT OFFICE AND THREE OTHER ENTITIES. THE DETROIT DISTRICT OFFICE WAS RANSACKED AND THE SAFE CONTAINING THE IMPREST FUND WAS PRIED OPEN. IN ADDITION TO THE IMPREST FUND THEFT THE LOSSES FROM THE BURGLARY OF TWO OTHER SAFES INCLUDED $14,252.60 IN GOVERNMENT PROPERTY AND $47 IN THE MUTUAL AID FUND. PHYSICAL DAMAGE TO THE THREE SAFES AND THE BUILDING INTERIOR IS ESTIMATED AT $20,000. THE THEFT WAS REPORTED TO AIRPORT SECURITY, LOCAL POLICE, STATE POLICE, SECRET SERVICE AND THE FEDERAL BUREAU OF INVESTIGATION. THE BUREAU AND MICHIGAN STATE POLICE HAVE NO SUSPECTS OR CONCLUSIONS CONCERNING THE INCIDENT. INFORMATION IN THE RECORD IMPLICATES THE CASHIER IN ANY WAY. THE REQUEST FOR RELIEF FROM YOUR AGENCY CONCLUDED THAT THE LOSS WAS NOT THE RESULT OF NEGLIGENCE ON THE CASHIER'S PART.

THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED BY 31 U.S.C. SEC. 82A-1 (1976) TO GRANT RELIEF FROM LIABILITY TO AN ACCOUNTABLE OFFICER UPON ITS CONCURRENCE WITH DETERMINATIONS BY THE DEPARTMENT OR AGENCY HEAD OR HIS DELEGATE THAT 1) THE LOSS OR DEFICIENCY OCCURRED WHILE THE OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, OR THAT IT OCCURRED BY REASON OF THE ACT OR OMISSION OF A SUBORDINATE OF THE OFFICER OR AGENT, AND 2) THE LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE OFFICER OR AGENT.

GAO HAS DELEGATED AUTHORITY TO AGENCY AND DEPARTMENT HEADS TO ADMINISTRATIVELY RESOLVE IRREGULARITIES IN THE ACCOUNTS OF ACCOUNTABLE OFFICERS INVOLVING PHYSICAL LOSSES NOT EXCEEDING $500. 54 COMP.GEN. 112 (1974). IN DETERMINING WHETHER TO GRANT RELIEF UNDER THIS DELEGATION, THE AGENCY HEAD MUST APPLY THE STANDARDS OF THIS OFFICE REGARDING RELIEF OF ACCOUNTABLE OFFICERS. B-189084, JANUARY 15, 1980.

SINCE THE AMOUNT INVOLVED IN THIS CASE IS ONLY $371.46, THE FEDERAL AVIATION ADMINISTRATION HAS AUTHORITY TO GRANT OR DENY RELIEF OF LIABILITY TO THE CASHIER WITHOUT SUBMISSION TO THIS OFFICE UPON MAKING THE APPROPRIATE DETERMINATIONS SET FORTH ABOVE.

THUS, WE ARE RETURNING THE CASE TO YOU FOR ADMINISTRATIVE RESOLUTION WITHOUT THE NEED FOR FURTHER CONCURRENCE FROM THIS OFFICE.