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B-212502 1 (1984-07-12)

handle is hein.gao/gaobadlui0001 and id is 1 raw text is: 


DECISION





FILE: B-212502


THE COMPTROLLER GENERAL
OP THU UNITEO STATES
WASHINGTON, O. C. a01548




      DATE: July 12, 1984


MATTER OF: Raymond F. Montero


o, DIGEST:


Government-owned truck was stolen from a
Government parking lot after the Forest
Service employee to whom the truck was
assigned left it in the lot unlocked and
with the keys under the seat. Forest
Service Board of Survey found that the
employee's willful disregard for the
protection of Government property was a
substantial factor in causing the loss.
GAO sustains Forest Service finding since
it has a rational basis and was made in
accordance with applicable regulations.


     Mr. Raymond F. Montero, an employee of the Forest
Service, U.S. Department of Agriculture, requests review of a
Forest Service Board of Survey decision finding him liable for
the loss of a Forest Service truck. We find no reason to
overturn the Board of Survey decision, and therefore sustain
the holdings of the Board and of the appeals officers finding
Mr. Montero liable, due to his negligence, tor the value of
the truck, minus the sales proceeds.

     On October 12, 1982, Forest Service warehouseman Montero
parked his assigned vehicle, a 1978 Chevrolet Luv Pickup, in a
Federal parking lot in Petersburg, Alaska, and left work for
the night. The doors were unlocked and the keys were left
inside the truck under the seat.

     The truck was stolen from the lot that night and severely
damaged by its submersion in salt water at the foot of the
city boat ramp. The next morning, the truck was recovered
from the water.

     A Forest Service Board of Survey convening on
November 23, 1982, found Mr. Montero negligent and liable for
the depreciated value of the truck, less estimated salvage
value.

     The Board of Survey held, in relevant part, as follows:

           The determination of negligence in this
     case is the fact that you left the key inside
     the vehicle. By doing so, you willfully


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