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B-208108 1 (1983-07-08)

handle is hein.gao/gaobadlej0001 and id is 1 raw text is: 


                         . THE COMPTROLLER GENERAL
   DECISION                 O F THE UNITED       STATES
                            WASHINGTON, 0.C. 20548




   FILE: B-208108                 DATE: July 8, 1983

   MATTER OF:Joseph S. Onechyk


   DIGEST:
          Employee of Office of Inspector General,
          Interior Department, had accident while
          driving Government motor vehicle on
          official business. Agency found that
          employee was not grossly negligent and
          declined to hold him liable for damage
          to vehicle, but assessed resulting tow-
          ing charges against him. Assessment of
          liability was based on employee's
          abandonment of vehicle at scene of-acci-
          dent. GAO concludes that assessment was
          not in conformity with applicable regu-
          lations because there was no showing
          'that abandonment caused or increased
          towing expense to Government.
          Employee's indebtedness should therefore
          be removed.

     Mr. Joseph S. Onechyk has' asked us to waive a claim
of $519 asserted against him by the Office of the Inspector
General (OIG), Department eof the Interior. The claim repre-
sents towing charges for * motor vehicle damaged while
Mr. Onechyk, then an OIG employee, was driving on official
business. While we have no authority to waive indebtedness
of this type, we conclude, for the reasons discussed below,
that the OIG has not adequately established the legal basis
for its claim.

Facts

     On October 31, 1980, Mr. Onechyk was involved in a
one-car accident while driving a General Services Adminis-
tration motor pool vehicle on official business on the
Quinault Indian Reservation in the State of Washington. At
the time, he was employed as an auditor in the OIG's Western
Region, Sacramento, California. He left the vehicle at the
accident scene to seek medical help and subsequently
returned home. Somehow (the record is not entirely clear on
this point), the vehicle was towed back to the GSA motor
pool in Seattle.


QD-40O~

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