B-211764, JUN 28, 1983, OFFICE OF GENERAL COUNSEL
Highlights
DIRECTOR OF FINANCE GENERAL SERVICES ADMINISTRATION: THIS IS IN REPLY TO YOUR LETTER DATED APRIL 22. RELIEF IS GRANTED. TURNER WAS RETURNING FROM A LOCAL WASHINGTON BANK AFTER CASHING A CHECK TO REPLENISH HIS IMPREST FUND. TURNER WAS ROBBED AT KNIFEPOINT BY TWO UNKNOWN INDIVIDUALS WHO TOOK HIS PORTFOLIO CONTAINING U. THE PROPER AUTHORITIES WERE IMMEDIATELY NOTIFIED AND AN INVESTIGATION WAS CONDUCTED. THE STOLEN FUNDS HAVE NOT BEEN RECOVERED. OFFICIALS CHARGED WITH THE HANDLING OF PUBLIC MONEY ARE EXPECTED TO EXERCISE THE HIGHEST DEGREE OF CARE IN THE PERFORMANCE OF THEIR DUTY AND ARE LIABLE FOR A PHYSICAL LOSS OF FUNDS UNDER THEIR CONTROL. 48 COMP.GEN. 566. THIS OFFICE IS AUTHORIZED UNDER 31 U.S.C.
B-211764, JUN 28, 1983, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
MR. LEROY P. BOUCHER, DIRECTOR OF FINANCE GENERAL SERVICES ADMINISTRATION:
THIS IS IN REPLY TO YOUR LETTER DATED APRIL 22, 1983, REQUESTING THAT MR. ROBERT S. TURNER, CLASS "A" CASHIER FOR THE COMMISSION ON CIVIL RIGHTS, BE RELIEVED OF LIABILITY FOR THE LOSS OF $2,248.24 TAKEN FROM HIM IN THE COURSE OF A ROBBERY. FOR THE REASONS STATED BELOW, RELIEF IS GRANTED.
THE RECORD SHOWS THAT ON AUGUST 21, 1981, AT APPROXIMATELY 11:30 A.M., MR. TURNER WAS RETURNING FROM A LOCAL WASHINGTON BANK AFTER CASHING A CHECK TO REPLENISH HIS IMPREST FUND. MR. TURNER WAS ROBBED AT KNIFEPOINT BY TWO UNKNOWN INDIVIDUALS WHO TOOK HIS PORTFOLIO CONTAINING U. S. GOVERNMENT FUNDS IN THE AMOUNT OF $2,248.24. THE PROPER AUTHORITIES WERE IMMEDIATELY NOTIFIED AND AN INVESTIGATION WAS CONDUCTED. NEVERTHELESS, THE STOLEN FUNDS HAVE NOT BEEN RECOVERED.
OFFICIALS CHARGED WITH THE HANDLING OF PUBLIC MONEY ARE EXPECTED TO EXERCISE THE HIGHEST DEGREE OF CARE IN THE PERFORMANCE OF THEIR DUTY AND ARE LIABLE FOR A PHYSICAL LOSS OF FUNDS UNDER THEIR CONTROL. 48 COMP.GEN. 566, 567-68 (1969). HOWEVER, THIS OFFICE IS AUTHORIZED UNDER 31 U.S.C. SEC. 3527(A) (FORMERLY 31 U.S.C. SEC. 82A-1) TO GRANT RELIEF FROM LIABILITY IF IT CONCURS IN THE DETERMINATIONS BY THE HEAD OF THE AGENCY CONCERNED THAT THE ACCOUNTABLE OFFICER WAS CARRYING OUT HIS OFFICIAL DUTIES WHEN THE LOSS OCCURRED AND THAT THE LOSS WAS NOT THE RESULT OF FAULT OR NEGLIGENCE BY THE OFFICER.
YOU STATE IN YOUR LETTER, "IT HAS *** BEEN DETERMINED THAT MR. TURNER WAS NOT NEGLIGENT IN THE OPERATION OF HIS FUND, AND *** HE WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES." WE CONCUR IN THAT DETERMINATION. NOTHING IN THE RECORD SUGGESTS EITHER THAT THE ROBBERY DID NOT OCCUR AS REPORTED OR THAT MR. TURNER IS IMPLICATED IN ANY WAY IN CONNECTION WITH THE ROBBERY. THIS OFFICE HAS GRANTED RELIEF IN SEVERAL SUBSTANTIALLY SIMILAR CASES IN THE PAST. E.G., B-209494, OCTOBER 22, 1982.
ACCORDINGLY, WE GRANT RELIEF TO MR. TURNER IN THE AMOUNT OF $2,248.24. CHARGE MAY BE MADE TO THE PROPER APPROPRIATION.