B-192304, JUL 31, 1978

B-192304, JUL 31, 1978

PRECIS-UNAVAILABLE

THE SECRETARY OF TRANSPORTATION:

THIS IS IN RESPONSE TO A LETTER DATED JUNE 15, 1978, FROM MR. EDWARD W. SCOTT, JR., ASSISTANT SECRETARY FOR ADMINISTRATION, DEPARTMENT OF TRANSPORTATION, FORWARDED HERE BY LETTER OF JUNE 30, 1978, FROM THE CHIEF DISBURSING OFFICER, DEPARTMENT OF TREASURY, REQUESTING THAT SYLVIA T. GUARDIA, PRINCIPAL CLASS "A" CASHIER, FEDERAL HIGHWAY ADMINISTRATION, ANCON, CANAL ZONE, BE RELIEVED OF LIABILITY FOR A LOSS BY THEFT OF $397.26 IN CASH AND $552.34 IN RECEIPTS FOR A TOTAL LOSS TO THE GOVERNMENT OF $949.60.

THE RECORD INDICATES THAT SOMETIME BETWEEN THE HOURS OF 4:30 P.M., MARCH 30, 1978, AND 7:30 A.M., MARCH 31, 1978, THE PANAMA DIVISION OFFICE OF THE FEDERAL HIGHWAY ADMINISTRATION WAS BURGLARIZED. AMONG THE ITEMS STOLEN WAS THE OFFICE SAFE, IN WHICH AN IMPREST FUND WAS KEPT.

APPARENTLY, ENTRY WAS FIRST ATTEMPTED THROUGH THE BATHROOM WINDOW ON THE FIRST FLOOR BY CUTTING THE OUTSIDE BARS WITH A BOLT CUTTER. THE INSIDE SET OF BARS WAS NOT DAMAGED. ENTRY WAS GAINED THROUGH THE FRONT DOOR. THIS DOOR WAS SECURED BY A HEAVY CHAIN AND PADLOCK, AS WELL AS THE INTERNAL LOCK. THE CHAIN AND PADLOCK WERE MISSING AND THE DOOR HAD BEEN FORCED INWARD WITH THE LOCK DOG IN THE LOCKED POSITION. THE SAFE, WHICH HAD BEEN BOLTED TO THE WALL, WAS CHISELED AWAY FROM IT AND REMOVED FROM THE PREMISES. POLICE OFFICERS RECOVERED THE STOLEN SAFE ON APRIL 4, 1978, BUT NONE OF THE CONTENTS WERE RECOVERED.

WHILE AN ACCOUNTABLE OFFICER MAY BE HELD LIABLE FOR A PHYSICAL LOSS UNDER HIS BASIC LIABILITY AS AN ACCOUNTABLE OFFICER REGARDLESS OF THE PRESENCE OR ABSENCE OF NEGLIGENCE, HE MAY BE RELIEVED OF SUCH BASIC LIABILITY UNDER THE RELIEF STATUTES PROVIDED THAT THE LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF THE OFFICER. 31 U.S.C. SEC. 82A-1. COMP.GEN. 112.

31 U.S.C. SEC. 82A-1 READS IN PERTINENT PART:

"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 OR FORMER DISBURSING OR OTHER ACCOUNTABLE OFFICER OR AGENT OF ANY SUCH DEPARTMENT OR INDEPENDENT ESTABLISHMENT OF THE GOVERNMENT CHARGED WITH RESPONSIBILITY ON ACCOUNT OF PHYSICAL LOSS OR DEFICIENCY OF GOVERNMENT FUNDS, VOUCHERS, RECORDS, CHECKS, SECURITIES, OR PAPERS IN HIS CHARGE, OR TO AUTHORIZE THE REIMBURSEMENT, FROM ANY APPROPRIATION OR FUND AVAILABLE FOR PURPOSES OF THE ACTIVITY IN WHICH THE LOSS OR DEFICIENCY OCCURRED, OF AMOUNTS PAID SUBSEQUENT TO AUGUST 1, 1947, BY OR ON BEHALF OF THE OFFICER OR AGENT IN RESTITUTION OF THE LOSS OR DEFICIENCY, 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 REASON 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. ***"

IN ACCORDANCE WITH 31 U.S.C. SEC. 82A-1, YOU HAVE DETERMINED THAT THE LOSS OCCURRED WHILE MS. GUARDIA WAS ACTING IN THE DISCHARGE OF HER OFFICIAL DUTIES AND WITHOUT FAULT OR NEGLIGENCE ON HER PART.

AFTER CONSIDERATION OF THE REPORTS AND OTHER DOCUMENTS FORWARDED TO US BY YOU, WE CONCUR IN YOUR DETERMINATIONS AND RECOMMENDATION FOR RELIEF. ACCORDINGLY, UNDER THE AUTHORITY CONTAINED IN 31 U.S.C. SEC. 82A-1, WE HEREBY GRANT SYLVIA T. GUARDIA RELIEF FROM LIABILITY AS REQUESTED.