B-207059 L/M, JUL 1, 1982, OFFICE OF GENERAL COUNSEL
Highlights
DEPARTMENT OF STATE: THIS IS IN RESPONSE TO YOUR LETTER OF MARCH 9. THIS AMOUNT WAS STOLEN FROM THE CASHIER'S SAFE AFTER THE EMBASSY WAS EVACUATED ON MARCH 24. BECAUSE THERE IS NO INDICATION THAT THE LOSS WAS IN ANY WAY ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF MR. RELIEF IS GRANTED. THE EMBASSY WAS CLOSED IN ACCORDANCE WITH NORMAL PROCEDURE ON MARCH 20. IT WAS BELIEVED THAT THE LOSS OF FUNDS WAS CAUSED BY THIEVES AND/OR VANDALS. WE HAVE AUTHORITY UNDER 31 U.S.C. SEC. 82A-1 (1976) TO GRANT RELIEF TO ACCOUNTABLE OFFICERS FOR THE PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE WITH THE AGENCY HEAD OR HIS DELEGATE: "*** (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES.
B-207059 L/M, JUL 1, 1982, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
MR. ROGER B. FELDMAN, DEPARTMENT OF STATE:
THIS IS IN RESPONSE TO YOUR LETTER OF MARCH 9, 1982, REQUESTING RELIEF IN THE AMOUNT OF $15,062.58 FOR MR. STEVEN R. BUCKLER, CASHIER FOR THE U. S. EMBASSY IN N'DJAMENA, CHAD. THIS AMOUNT WAS STOLEN FROM THE CASHIER'S SAFE AFTER THE EMBASSY WAS EVACUATED ON MARCH 24, 1980. BECAUSE THERE IS NO INDICATION THAT THE LOSS WAS IN ANY WAY ATTRIBUTABLE TO NEGLIGENCE ON THE PART OF MR. BUCKLER, RELIEF IS GRANTED.
ACCORDING TO THE REGIONAL SECURITY OFFICER'S REPORT, PERSONNEL EVACUATED THE U. S. EMBASSY IN N'DJAMENA ON MARCH 24, 1980, DUE TO THE OUTBREAK OF CIVIL WAR IN CHAD. THE EMBASSY WAS CLOSED IN ACCORDANCE WITH NORMAL PROCEDURE ON MARCH 20, 1980, AND, SINCE IT SAT IN AN EXPOSED POSITION IN THE MIDDLE OF A "NO-MAN'S LAND" BETWEEN THE TWO WARRING FACTIONS, IT COULD NOT BE ENTERED UNTIL THE CURRENT GOVERNMENT GAINED CONTROL OF THE CITY IN DECEMBER 1980. ON DECEMBER 22, 1980, U. S. OFFICIALS REENTERED THE CHANCERY, AND FOUND THAT THE SAFE IN THE CASHIER'S OFFICE HAD BEEN FORCED OPEN AND EMPTIED. IT WAS BELIEVED THAT THE LOSS OF FUNDS WAS CAUSED BY THIEVES AND/OR VANDALS, POSSIBLY MEMBERS OF THE CHADIAN MILITARY, WHO RANSACKED THE EMBASSY AFTER THEY WON THE CITY. THE REGIONAL SECURITY OFFICER THUS CONCLUDED THAT, IN HIS OPINION, THE LOSS DID NOT OCCUR THROUGH DIRECT FAULT OR NEGLIGENCE ON THE PART OF ANY EMPLOYEE OF THE U. S. GOVERNMENT.
THE STATE DEPARTMENT'S COMMITTEE OF INQUIRY INTO FISCAL IRREGULARITIES CONVENED ON DECEMBER 16, 1981, TO CONSIDER THE LOSS. THE COMMITTEE FOUND NO EVIDENCE OF FRAUD OR NEGLIGENCE ON THE PART OF MR. BUCKLER (OR ANY OTHER EMPLOYEE), AND RECOMMENDED THAT RELIEF BE SOUGHT FROM THIS OFFICE.
WE HAVE AUTHORITY UNDER 31 U.S.C. SEC. 82A-1 (1976) TO GRANT RELIEF TO ACCOUNTABLE OFFICERS FOR THE PHYSICAL LOSS OF FUNDS UPON OUR CONCURRENCE WITH THE AGENCY HEAD OR HIS DELEGATE:
"*** (1) THAT SUCH LOSS OR DEFICIENCY OCCURRED WHILE SUCH OFFICER OR AGENT WAS ACTING IN THE DISCHARGE OF HIS OFFICIAL DUTIES, *** AND (2) THAT SUCH LOSS OR DEFICIENCY OCCURRED WITHOUT FAULT OR NEGLIGENCE ON THE PART OF SUCH OFFICER OR AGENT. ***"
THE AGENCY REPRESENTATIVE HAS DETERMINED IN THIS CASE THAT THE LOSS WAS IN NO WAY ATTRIBUTABLE TO FAULT OR NEGLIGENCE ON THE PART OF MR. BUCKLER. THE RECORD SUPPORTS THIS FINDING.
MR. BUCKLER IS ACCORDINGLY RELIEVED OF LIABILITY FOR THE LOSS OF $15,062.58 FROM THE CASHIER'S SAFE IN THE U. S. EMBASSY IN N'DJAMENA, CHAD.