About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-207079 1 (1982-05-13)

handle is hein.gao/gaobacsra0001 and id is 1 raw text is: 

                  ILI                                                            C4

        4 01 UNITED STATES GENERAL ACCOUNTING OFFICE
                                   WASHINGTON,  D.C. 20548


OFFICE OF' GENC.9A COUNSEL

          B-207079                          May  13, 1982



          Mr. John 0. Darlington
          First Vice-PresidentDlr
          AFGE Local 1592                   Do not   _h aa1bet .public
          Building 362
          Hill Air Force Base, Utah  84056

          Dear Mr. Darlington:

              This  is in response to your requcst for an opinion by the
         Comptroller  General of the United States concerning the propriety of
         the decision  of Brigadier General David Hall, USAF, DSC/Corptroller,
         Air Force  Logistict Command, Wright-Patterson Air Forct Base, Ohio,
         concerning  the liability of Mr. Johnnie Hawkins, a civilian employee,
         for damages  to a Government vehicle,

              By Report  of Survey Number 81180, the Appointing Authority of the
         Reports Survey  Function, Hill Air Force Base, approved the finding of
         the survey officer  that -r. Hawkins' negligence resulted in the damage
         to  the vehicle,  Upon the authority of the Secretary of the Air Force
         and Commander  of Air Force Logistics Command, Gereral Hall denied
         Mr. Hawkins'  appeal of this finding on the basis that the evidence
         of record was  sufficient to sustain the finding.

              In Iis  rebuttal to the recomendation  of the Report of Survey,
         Mr. Hawkins  states that the structure of the vehicle he was operating
         at the  time of the accident restricts the operator's vision to the rear
         and  that the vehicle is not equipped with side-view mirrors that provide
         conrlete rearward visibility.  lie states further that contrary to the
         Security Police  Report, a spotter was not available at the time the
         accident occurred.

              In  this regard, you state that although Air Force regulations
         require  that a spotter be provided when a vehicle is moved in reverse,
         the base support  unit in which Mr. Hawkins works has not provided
         spotters  for these vehicles. You  have, therefore, specifically
         requested  the determination of this Office as to whether a Federal
         employee may be held  liable for damages to Government property when
         the agency  for which lie works has failed to provide personnfl and
         equipment, as  required by agency regulations, which are necessary for
         the employee  to perform his duties safely.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most