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B-199790 1 (1981-03-26)

handle is hein.gao/gaobabjzs0001 and id is 1 raw text is: 



..      GAO

        United States General Accounting Offce
        Washington, DC 20548                                       General Counsel
                                                                   In Reply
                                                                   Refer to: B-199790

                                                                      MR2 6 1981

             Mr. Dennis J. Keilmanle
             Acting Assistant Regional
               Administrator of Administration
             General Services Administration
             230 South Dearborn Street
             Chicago, Illinois   60604

             Dear Mr. Keilman:

                  This letter is in response to your request for reconsideration
             of our decision \B-199790, August 26, 1980, which held that
             Mr. Richard Hensel was liable for the loss of $501.05 of General
             Services Administration (GSA) dmprest funds, stolen from an unlocked
             safe while in Mr. Hensel's custody as alternate imprest fund cashier.
             In essence,'the bases for your request are that Mr. Hensel having
             closed the -door and spun the wheel, reasonably assumed that he had
             locked the safe; that possibly the loss resulted from GSA having
             maintained the safe in an open area, easily accessible from the
             motor pool; and, that Mr. Hensel has since retired and is on retire-
             ment income.-\ For the reasons stated below, we must still deny relief.

                  Originally, you indicated that Mr. Hensel closed the safe door
             and turned the wheel, which semi-locked the safe. We were unsure
             what that meant 'but assumed that the safe was left so that it could
             be opened by someone without knowledge of the combination. To leave
             the safe unattended in that condition was negligent.

                  Nothing in your latest letter justifies a different conclusion.
           FIt is negligent to assume, without trying to open it, that a safe is
             locked. Indeed, your letter suggests that the safe was left unlocked
             on other occasionsD

                  We have consistently held thatjan accountable officer who fails
             to lock a safe, containing public funds in his custody, is negligent
             and liable for any losses-. See, e.g., B-188733, March 29, 1979. In
             a similar case, we stated that a reasonably prudent person, even
             under the pressures of a heavy workload, would nevertheless take the
             time to spin the combination and lock the safe. B-183559, August 28,
             1975.







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