B-204346 L/M, JAN 11, 1982, OFFICE OF GENERAL COUNSEL
Highlights
DIGEST: RELIEF IS GRANTED PURSUANT TO 31 U.S.C. SEC. 82A-1 (1976) FOR A CASH LOSS IN THE ACCOUNT OF IMPREST FUND CASHIER AS A RESULT OF AN APPARENT BURGLARY SINCE THE AGENCY HAS DETERMINED CASHIER TO BE WITHOUT FAULT AND TWO INDIVIDUALS HAVE BEEN CONVICTED AND ARE NOW SERVING TIME FOR THE BURGLARY. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT: THIS IS IN RESPONSE TO A LETTER FROM YOU. RELIEF IS GRANTED FOR THE FOLLOWING REASONS. WHO WAS THE FIRST EMPLOYEE TO ARRIVE FOR DUTY. A SAFE WAS DISCOVERED MISSING BY MS. TWO CASH BOXES WERE MISSING FROM THE SAFE. THE POLICE INVESTIGATION SHOWED THAT FORCIBLE ENTRY WAS GAINED THROUGH A BACK DOOR IN THE ARCHITECTURAL BRANCH OF THE OFFICE. TWO INDIVIDUALS WERE LATER ARRESTED AND CHARGED WITH THE BURGLARY.
B-204346 L/M, JAN 11, 1982, OFFICE OF GENERAL COUNSEL
DIGEST: RELIEF IS GRANTED PURSUANT TO 31 U.S.C. SEC. 82A-1 (1976) FOR A CASH LOSS IN THE ACCOUNT OF IMPREST FUND CASHIER AS A RESULT OF AN APPARENT BURGLARY SINCE THE AGENCY HAS DETERMINED CASHIER TO BE WITHOUT FAULT AND TWO INDIVIDUALS HAVE BEEN CONVICTED AND ARE NOW SERVING TIME FOR THE BURGLARY.
JUDITH L. TARDY, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT:
THIS IS IN RESPONSE TO A LETTER FROM YOU, REFERRED TO THIS OFFICE BY THE CHIEF DISBURSING OFFICER, BUREAU OF GOVERNMENT FINANCIAL OPERATIONS, DEPARTMENT OF THE TREASURY, RECOMMENDING AND REQUESTING THAT IMPREST FUND CASHIER MARGE SANTOS, OF THE HUD BOISE, IDAHO, SERVICE OFFICE, BE RELIEVED FROM LIABILITY FOR A CASH LOSS OF $1,156.11 AS A RESULT OF BURGLARY. RELIEF IS GRANTED FOR THE FOLLOWING REASONS.
THE RECORD INDICATES THAT MS. SANTOS DISCOVERED THE BURGLARY AT 7:30 A.M. ON APRIL 16, 1980, WHEN SHE ARRIVED AT WORK. THE BOISE POLICE HAD BEEN CALLED EARLIER BY ROSA JOHNSON, WHO WAS THE FIRST EMPLOYEE TO ARRIVE FOR DUTY. A SAFE WAS DISCOVERED MISSING BY MS. SANTOS AND LATER RECOVERED BY THE POLICE. TWO CASH BOXES WERE MISSING FROM THE SAFE. ONE HAD CONTAINED $656.11 IN CURRENCY AND THE SECOND HAD CONTAINED $500. MR. RICHARD WITT OF THE BOISE POLICE DEPARTMENT INVESTIGATED THE BURGLARY. THE POLICE INVESTIGATION SHOWED THAT FORCIBLE ENTRY WAS GAINED THROUGH A BACK DOOR IN THE ARCHITECTURAL BRANCH OF THE OFFICE. TWO INDIVIDUALS WERE LATER ARRESTED AND CHARGED WITH THE BURGLARY. ONE PLEADED GUILTY AND NOW BOTH ARE SERVING TIME FOR THE CRIME.
RELIEF HAS BEEN REQUESTED UNDER 31 U.S.C. SEC. 82A-1 (1976), WHICH PROVIDES IN PERTINENT PART AS FOLLOWS:
"THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED, AFTER CONSIDERATION OF THE PERTINENT FINDINGS AND IF IN CONCURRENCE WITH THE DETERMINATIONS AND RECOMMENDATIONS OF THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT CONCERNED, TO RELIEVE ANY DISBURSING OR OTHER ACCOUNTABLE OFFICER OR AGENT *** CHARGED WITH RESPONSIBILITY ON ACCOUNT OF PHYSICAL LOSS OR DEFICIENCY OF GOVERNMENT FUNDS, *** IF THE HEAD OF THE DEPARTMENT OR INDEPENDENT ESTABLISHMENT DETERMINES (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, OR THAT SUCH LOSS OR DEFICIENCY OCCURRED BY REASONS OF THE ACT OR OMISSION OF A SUBORDINATE OF SUCH OFFICER OR AGENT; AND (2) THAT SUCH LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF SUCH OFFICER OR AGENT. ***"
HUD HAD ADMINISTRATIVELY DETERMINED THAT THE LOSS OCCURRED WHILE MS. SANTOS WAS ACTING IN DISCHARGE OF HER OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON HER PART. THE RECORD SUPPORTS THIS ADMINISTRATIVE FINDING. IN VIEW OF THE RECORD AND THE ARREST AND CONVICTION OF TWO INDIVIDUALS WHO ARE NOW SERVING TIME FOR THE BURGLARY, MS. SANTOS IS RELIEVED OF LIABILITY IN THE AMOUNT OF $1,156.11. HOWEVER, BEFORE REPLENISHING THE IMPREST FUND ACCOUNT, HUD SHOULD DETERMINE WHETHER COLLECTION ACTION AGAINST THE THIEVES IS FEASIBLE AND, IF IT IS, ATTEMPT TO COLLECT THE STOLEN FUNDS.