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B-198881 1 (1980-06-18)

handle is hein.gao/gaobabjtz0001 and id is 1 raw text is: 77 . UNITED STATES GENERAL ACCOUNTING OFFICE WASHiNGTON, D.C. 20548 OFFICE OF GENERAL COUNSEL ~~f B-198881 JUN 1 8 136Q G.Ahe Honorable Bob S. Bergland The Secretary of Agriculture - Dear Mr. Secretary: This responds to a request from Mr. Dean K. Crowther, Director of the Office 5foperations and Finance, Department of- Agriculture, for the reiieff Fund Cashier Ms. Michiko Tanizaki, a Forest Service employee at the Men- -d-ocino National Forest, Willows, California, from liability for a $857.25 loss in her account. For the reasons that follow, relief is granted. The record indicates that the loss resulted from a burglary at the Mendocino National Forest Supervisor's Office. Sometime during the night of June 2-2, 1979, a locked safe containing the cashier's funds was removed from the office and taken to a nearby automotive shop. The automotive shop was broken into and the safe was forced open by using a cutting torch located in the shop. The record does not in- dicate how the burglars gained access to the supervisor's office. We have authority under 31 U.S.C. § 82a-1 (1976) to grant relief to accountable officers from liability 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 or that such loss or deficiency occurred by .reason of the act or omission of a subordinate of such offi- cer or agent; and (2) that such loss or de- ficiency occurred without fault or negligence on the part of such officer or agent. Mr. Crowther has determined pursuant to 31 U.S.C. § 82a-1, that the loss occurred while Ms. Tanizaki was acting in the discharge of her official duties and without fault or negligence on her part. We concur.

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