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B-196855 1 (1979-12-18)

handle is hein.gao/gaobabjqh0001 and id is 1 raw text is: 'United States General Accounting Office' - Off ie of Wa, ngton, DC 20548 'General Counsel Z- Reply .Referto: DE 179 WilliaIm Flege-ean, . : ... -art & u..kamal 'Counsellors at Law - 127 John: treet .'ew Yorko,' NY 10038 .. Dear Mr. Fliegelman: This is in, ,eponse your letter of 'NoVember 12, 1979, with -enclosures., req,.st1l reli.efin the -amount of $1,OOO charged against ). Joan EmilAlternate Cashier, immigration ' and Naturalization Servico (IM), Department Qf Justice, for a lost which was attributed to her failure to count all the money she received on Ja~uary 29, 1979. We note from the file. which you enclosed with your letter that the INS Assistant Regional Co~missiiner wrote to you 4 ieptember 12, 1975, suggestin, that Ms. Emi! appeal to the Geeral Accounting Off ice (QAO) for relief from accoUntabiiity for the $1, Oo. I am afraid his advlce was erroneous, as far as a request for relief is oered. The GAO has no authority to gtant relief to an accountable of icat, no matter how meri- Storious the officer's case may be, uniless the head of the employing agency (or his delegee) first reqesti reliaf oni the officer:'s behalf, and makes the .findings set forth in 31 U.S.C. 82a-1 (I976), to the effect that the off ioer was acting in the soope of. his employment at the time the loss occurred, and that the loss is not attributable to any negligent act or deficiency on the part of the officer. Suh findings are a stattorypre- requisite, and we will not even consider the merits of a physical loss, of funds case without them. Once the findings are received, our Office can then consider whether we agree with' the findings and are thus able to grant relief. In this instance, the IS. has determined that the loss. j Ocoured due to Ms... 'il'as negligenee. and, it is required o do o by 5 U.S.C. 5512, it has set her up in deas tand pro- ceeded to collect the -sum due to the United States. This isl': .,,tJLo) t 6&~' ellc

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