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B-188733 1 (1980-05-19)

handle is hein.gao/gaobabjtn0001 and id is 1 raw text is: *0U!CR C, COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 20548 B-188733 May 19, 1980 Ms. Jo Butcher Columbia Basin Civilian Conservation Center 2402 24th Street Moses Lake, Washington 98837 Dear Ms. Butcher: In your recent letter to our Office you protested our decision rendered on March 29, 1979, B-188733, and our January 17, 1980 reconsideration of that decision which held that you were liable for the loss of $1000 of Department of Labor imprest funds. The funds were stolen while they were in your custody as imprest cashier. The person who was actually responsible for the theft admitted his guilt and attempted to make restitution but died without repaying the money. . Although both you and your alternate cashier, Julie Grammer, maintain that the safe was locked, evidence in the record indicates that it was not properly secured at the time of the theft. The thief apparently turned the dial of the safe in one direction until it clicked, tried the latch and removed the money when the safe opened. Presum- ably, but for the improperly secured safe, the funds would not have been stolen. Because it was your responsibility to make certain that the safe was locked, you were charged with the loss. You base your appeal on the following three factors: 1) your excellent record as a cashier for eleven and a half years; 2) your firm conviction that the safe was locked during the time that the theft apparently took place; and 3), an additional statement made by Ms. Grammer which asserts that the theft took place at an earlier time. The first two factors were considered in our earlier decisions. Because you do not present any new evidence with respect to these factors, we cannot do anything more than explain to you once again that as a Government employee charged with handling public funds, you are required to exercise the highest degree of care with respect to those funds. Regardless of your past record, if there is a loss you are presumed to have been negligent unless you can rebut this presumption with specific, complete and convincing evidence. Your statement that the safe was locked is the only evidence you presented to rebut this presumption.

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