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B-194782 1 (1980-08-25)

handle is hein.gao/gaobabjvr0001 and id is 1 raw text is: UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 Our.c oF GENERAL COUNSEL B-194782 AUG 2 5 1990 z'1-'4c U Mr. P. M. Baldino, Chief of Finance and Accounting Division Resources Management Office Office of the Chief of Engineers Department of the Army Dear Mr. Baldino: This is in response to your letter dated June 23, 1980, with enclosures, (reference DAEN-RXF-A) requesting that relief from liability be granted to Recreational Fee Cashier, Thomas P. Long, a civilian em- ployee of the Department of the Army, for the loss by theft of $5,500 in recreational fees and change funds. We grant relief, for the reasons detailed below. The record indicates that during the night of July 4-5, 1976, someone entered the U.S. Army Corps of Engineers compound at Lake, Rathbun, Iowa, by breaching a barbed wire-topped chain link fence. Inside the compound, a mobile home was forcibly entered via a window. A large steel container, weighing about 300 lbs. and containing over $5,000 in Government funds, was then entirely removed from the mobile 4home and carried away from the compound aboard a pickup truck that was also stolen from within the compound. None of the funds have been recovered. The steel container that:was stolen had been fabricated from 11 discrete containers that were bolted or welded together to provide a secure depository for cash collections. Each of the 11 containers was closed with a key operated lock. The pertinent regulation, AR 37-103, chapter 3, Section IV, Para- Igraph 3-77 (May 15, 1972), prescribed that public funds such as those in question should be kept in a safe of certain specifications including a combination lock. The steel strongbox in the instant case did not conform to the requisite specifications. On the basis of the non-reg- ulation strongbox, the Corps of Engineers investigating officer con- cluded in his report of September 22, 1976, that Mr. Long had been negligent in failing to properly safeguard Government funds. Not- withstanding the findings of the investigating officer, the Corps of Engineers concluded that the loss was not caused by the negligence of Mr. Long.

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