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B-198836 1 (1980-06-26)

handle is hein.gao/gaobabjug0001 and id is 1 raw text is: 



                      UNITED STATES GENERAL ACCOUNTING OFFICE
             <                WASHINGTON, D.C. 20548


    OFFICE OF GENERAL COUNSEL
         B-198836                            June 26, 190


         The Honorable Bob Bergland

         Secretary of Agriculture

         Dear Mr. Secretary:                 -S     r

             This is in response to a letter from Mr. Dean K. Crowtheroi
         Director of Operations and Finance, requesting that Imprest
    Fund Cashier Sandra M. Halcos, emploed atEthe District Ranger's
  f      Office of the-Eldorado Na-tonal Forest, Placerville, California,
         be relieved from liability for a loss of $1,818.51 from her ac-
         count. For the reasons that follow, relief is granted.         02

             According to the record, the loss resulted from an apparent
         robbery at the District Ranger's Office, at some time between
         August 30 and September 4, 1979. Cashier Halcos discovered the
         loss as she opened her cash drawer at approximately 9:00 A.M.,
         on September 4, 1979. When she noticed that her drawer had
         several pry marks on its edges and was slightly out of alignmen
         Ms. Halcos immediately contacted local police authorities.   Sub-
         sequently, the theft was reported through administrative channe'
         to the United States Secret Service, the Federal Bureau of Inve.
         gation, and your Office of Inspector General.   The Eldorado
         County Sheriff's Department investigation was inconclusive and
A        did not result in any arrests.

              The General Accounting Office (GAO) is authorized by 31
         U.S.C. S 82a-1 (1976) to grant relief from liability to an ac-
         countable officer upon its concurrence with determinations by
         the department or agency head that (1) the loss or deficiency
         occurred while the officer or agent was acting in the discharge
         of his official duties, or that it occurred by reason of the
         act or omission of a subordinate of the officer or agent, and
         (2) the loss or deficiency occurred without fault or negligenc(
         on the part of the officer or agent. Based upon the incidents
         and investigative findings, your Department has made the requir(
         determinations.

               While there is a presumption that an accountable officer
          has been negligent in the loss of any funds for which he or she
          is responsible, it is rebuttable by evidence to the contrary.
          See, 54 Comp. Gen. 112, 115 (1974). We have previously granted
          relief to accountable officers where the evidence is clear that
          a theft took place and where an investigation has revealed no

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