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B-198124 1 (1980-06-20)

handle is hein.gao/gaobabjue0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 June 20, 1980 Mr. George L. Reaves, Jr. National Representative National Association of Government Employees Tower Box 65 2101 Executive Drive Hampton, VA 23666 Dear Mr. Reaves: We refer to your letter of April 22, 1980, on behalf of Ms. Brenda J. Faulkner, an employee of the United States Coast Guard Reserve Training Center, Yorktown, Virginia. In October, 1975, while Ms. Faulkner was serving as an accountable officer she sustained a loss of funds in the amount of $1,440.60 from her account. Unless relieved therefrom, she would be pecuniarily liable for any shortages in that account. We have been informally advised that the Chief Counsel of the Coast Guard determined that her negligence contributed to the loss and refused to support her request for relief from lia- bility for the loss. Hence, that agency has begun to with- hold small installments from her pay as a setoff against the amount she is in arrears. As her representative you allege that the Coast Guard failed to observe certain procedural due process requirements incident to the withholding action. You have therefore appeale( to this Office requesting us to conduct an investigation and arrange for an administrative hearing on the matter. Also, you have requested us to terminate the withholding action pending the outcome of the proposed investigation and hearing. For the reasons set forth below, we are unable to honor your requests. Recently, the Honorable Paul S. Trible, Jr., Ms. Faulkner', Congressional representative, asked us to consider her request for relief of liability. In our letter to him, B-198124, April 21, 1980, one day prior to the date of your letter to us, we set forth the legal rationale for our inability to grant relief of liability in this case. We have enclosed a copy of our letter to Congressman Trible for your information. 62

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