B-125142, FEB. 27, 1956

B-125142, FEB. 27, 1956

TO THE HONORABLE POSTMASTER GENERAL:

REFERENCE IS MADE TO LETTER DATED JANUARY 6, 1956, FROM THE ACTING POSTMASTER GENERAL, REQUESTING THAT FURTHER CONSIDERATION BE GIVEN TO REMISSION, PURSUANT TO 5 U.S.C. 383 AND 384, OF THE CHARGES RAISED IN THE ACCOUNTS OF JOSEPH S. FRANTZ, ACTING POSTMASTER AT CLEVELAND, OHIO, FOR A DEFICIENCY OF $272.84 ON THE ACCOUNT OF THE LOSS OF REGISTERED ARTICLES. THIS MATTER WAS THE SUBJECT OF OUR LETTER OF NOVEMBER 17, 1955, B-125142, IN WHICH BASED UPON THE FACTS AS THEN REPORTED, INDICATING THE LOSS WAS CAUSED BY THE NEGLIGENCE OF THE CONTRACTOR IN TURNING THE REGISTERED ARTICLES OVER TO A STRANGER, NOT IN A CARRIER'S UNIFORM, AND WITHOUT REQUIRING IDENTIFICATION, WE EXPRESSED THE VIEW THAT THE POST OFFICE DEPARTMENT SHOULD NOT ASSUME THE LOSS AND REQUESTED THAT CONSIDERATION BE GIVEN BY YOUR DEPARTMENT TO REQUIRING COLLECTION OF THE LOSS FROM THE CONTRACTOR.

IT IS NOW REPORTED THAT COLLECTORS ARE GENERALLY DRAWN FROM THE SUBSTITUTE AND TEMPORARY STAFF AND ARE ALTERNATED ON A DAY-TO-DAY BASIS SO IT WOULD NOT BE UNUSUAL FOR A PERSON COLLECTING MAIL TO BE A STRANGER. FURTHER, THAT IT IS NOT UNUSUAL FOR THE COLLECTORS TO BE IN ORDINARY CLOTHING AS TEMPORARY EMPLOYEES ARE NOT REQUIRED TO OBTAIN CARRIER UNIFORMS, AND GENERALLY THE CARRIER CAP IS THE ONLY IDENTIFICATION OF AN EMPLOYEE WORKING PART TIME OR ON A SHORT-SHIFT BASIS. ALSO, AS THE LOSS OCCURRED PRIOR TO THE ENACTMENT OF THE UNIFORM ALLOWANCE LAW, MANY CLASSIFIED SUBSTITUTES THEN DID NOT HAVE FULL UNIFORMS.

IN VIEW OF THE ADDITIONAL FACTS NOW REPORTED, AND CONSIDERING THAT THE COLLECTION WAS SET UP AS A SPECIAL ONE THROUGH TELEPHONE CALLS THUS CREATING AN ATMOSPHERE OF IDENTIFICATION OF THE PERSON POSINGAS A COLLECTOR, OUR OFFICE CONCURS IN THE RECOMMENDATIONS OF YOUR DEPARTMENT THAT THE CLERK SHOULD NOT BE HELD RESPONSIBLE FOR THE LOSS AND THAT THE ACTING POSTMASTER AT CLEVELAND, OHIO, SHOULD BE ALLOWED CREDIT IN THE SETTLEMENT OF HIS ACCOUNTS.