B-170841, DEC 5, 1972
Highlights
OF A DEFICIENCY IN HIS ACCOUNT WHICH WAS CAUSED BY HIS FAILURE TO ASSESS PROPER POSTAGE FOR MAILINGS OF THE "GRAFTON SENTINEL.". BOURJAILY WAS THE EDITOR-PUBLISHER OF THE GRAFTON SENTINEL. COLLECTION EFFORTS OF THIS AMOUNT WERE UNSUCCESSFUL AND A COMPROMISE OFFER WAS FINALLY ACCEPTED FROM MR. COLE IS RELIEVED OF HIS ACCOUNTABILITY FOR THE UNCOLLECTED AMOUNT OF THE DEFICIENCY MENTIONED ABOVE.
B-170841, DEC 5, 1972
POSTMASTER - DEFICIENCIES IN ACCOUNT - COMPROMISE WITH RESPONSIBLE PERSON DECISION RELIEVING T. K. COLE, POSTMASTER, GRAFTON, W. V., OF A DEFICIENCY IN HIS ACCOUNT WHICH WAS CAUSED BY HIS FAILURE TO ASSESS PROPER POSTAGE FOR MAILINGS OF THE "GRAFTON SENTINEL." NO ACCOUNTABLE OFFICER SHALL BE LIABLE FOR ANY AMOUNT PAID OR FOR THE VALUE OF PROPERTY LOST, DAMAGED, OR DESTROYED, WHERE THE RECOVERY OF SUCH AMOUNTS OR VALUE MAY NOT BE HAD BECAUSE OF A COMPROMISE WITH A PERSON PRIMARILY RESPONSIBLE, 31 U.S.C. 952(C).
TO MR. POSTMASTER GENERAL:
ON JUNE 30, 1970, MR. R. W. BASS, DIRECTOR, POSTAL DATA CENTER, POST OFFICE DEPARTMENT, ATLANTA, GEORGIA, REQUESTED THAT MR. T. K. COLE, POSTMASTER, GRAFTON, WEST VIRGINIA, BE RELIEVED OF A $1,780.46 DEFICIENCY IN HIS ACCOUNT. THE DEFICIENCY OCCURRED BECAUSE THE POSTMASTER FAILED TO ASSESS AND COLLECT PROPER POSTAGE FOR SECOND-CLASS TRANSIENT MAILINGS OF THE "GRAFTON SENTINEL." MR. M. F. BOURJAILY WAS THE EDITOR-PUBLISHER OF THE GRAFTON SENTINEL. BY LETTER DATED JANUARY 31, 1971, OUR FORMER CIVIL DIVISION ADVISED MR. BASS THAT RELIEF MUST BE DENIED MR. COLE.
ON FEBRUARY 21, 1971, THE POST OFFICE DEPARTMENT REFERRED TO US FOR COLLECTION THE GOVERNMENT'S CLAIM AGAINST MR. BOURJAILY FOR $1,780.46. COLLECTION EFFORTS OF THIS AMOUNT WERE UNSUCCESSFUL AND A COMPROMISE OFFER WAS FINALLY ACCEPTED FROM MR. BOURJAILY IN THE AMOUNT OF $445.12 BY OUR TRANSPORTATION AND CLAIMS DIVISION IN FULL SETTLEMENT OF THE CLAIM.
SECTION 3(C) OF THE FEDERAL CLAIMS COLLECTION ACT OF 1966, PUB. L. 89 508, 80 STAT. 309, PROVIDES - QUOTING FROM 31 U.S.C. 952(C):
"(C) A COMPROMISE EFFECTED PURSUANT TO AUTHORITY CONFERRED BY SUBSECTION (B) OF THIS SECTION SHALL BE FINAL AND CONCLUSIVE ON THE DEBTOR AND ON ALL OFFICIALS, AGENCIES, AND COURTS OF THE UNITED STATES, EXCEPT IF PROCURED BY FRAUD, MISREPRESENTATION, THE PRESENTATION OF A FALSE CLAIM, OR MUTUAL MISTAKE OF FACT. NO ACCOUNTABLE OFFICER SHALL BE LIABLE FOR ANY AMOUNT PAID OR FOR THE VALUE OF PROPERTY LOST, DAMAGED, OR DESTROYED, WHERE THE RECOVERY OF SUCH AMOUNT OR VALUE MAY NOT BE HAD BECAUSE OF A COMPROMISE WITH A PERSON PRIMARILY RESPONSIBLE UNDER SUBSECTION (B) OF THIS SECTION."
IN VIEW OF THE ABOVE-QUOTED PROVISION OF LAW MR. COLE IS RELIEVED OF HIS ACCOUNTABILITY FOR THE UNCOLLECTED AMOUNT OF THE DEFICIENCY MENTIONED ABOVE.