In the Matter of the Petition by ) November 27, 1991 ) MARY A. WARNER ) 12148 E. 37th Place ) ) at ) ) Tulsa, OK 74146-3104 ) P. S. Docket No. DCA-110 APPEARANCE FOR PETITIONER: Mary A. Warner, Pro Se 12148 E. 37th Place Tulsa, OK 74148-3104 APPEARANCE FOR RESPONDENT: Bobby Kennedy Labor Relations Representative United States Postal Service 333 W. 4th Street Tulsa, OK 74103-9401
FINAL DECISION UNDER DEBT COLLECTION ACT OF 1982
By petition docketed October 7, 1991, Petitioner Mary A. Warner requested a hearing on a notice under the Debt Collection Act issued to her on September 19, 1991. The parties have agreed to a hearing based solely on the written record. By order dated October 18, the parties were given to November 18 to file all documents and written argument which they wish to be considered. In a letter dated November 4, Petitioner stated that all documents on which she relies were submitted with her petition dated October 5. The Postal Service submitted its exhibits and written argument in its answer to the petition dated November 15, received by the Recorder on November 19 at which time the record was closed. This decision is based on review and consideration of all writings received by the Recorder through November 19.
FINDINGS OF FACT
1. During July 1988, Petitioner Mary A. Warner was Officer-in-Charge (OIC) of the Ramona, OK Post Office.
2. On June 30, 1988, Ms. Warner signed a Certificate of Transfer of United States Post Office (PS Form 971) accepting responsibility (effective that date) for, among other things,a quantity of blank domestic money order forms including a set of 100 numbered 3956000600 through 3956000699 (P. S. Ex. 1)
3. On becoming OIC, Ms. Warner was counselled and assisted in understanding the requirements applicable to that position including proper operations and conduct thereof, protection of mail, funds and accountable property, and daily financial records (P. S. Ex. 2)
4. On August 2, 1988, Ms. Warner transferred responsibility for the Ramona Post Office to Peggy A. Ramsey. The transfer did not include blank money orders numbered 3956000600 through 3956000699.
5. By PS Form 800-PA, prepared April 5, 1990, the St. Louis Postal Data Center advised the Tulsa MSC of a cash shortage of $316.92 in the accounts of the Ramona Post Office resulting from cashed money order 3956000665 in the amount of $315.92 (plus a fee of $1.00), issued on July 18, 1988, that was not accounted for by voucher received at the PDC. This money order, showing J. H. Tucker, Box 40, Ramona, OK 74061 as the purchaser, was endorsed by the payee, Peoples Federal Savings & Loan, Bartlesville, OK on July 19, 1988.
6. Ms. Warner was on duty on July 18, 1988, and reported money order sales that date in the amount of $606.44 plus $4.75 in fees.
7. Because of Ms. Warner's failure to list on her adding machine tapes for July 18 the amounts and fees of money orders sold, in serial number sequence as required by Handbook F-1, Section 543.41, it was impossible to reconcile her accounts relating to money order sales that date.
8. Since money order 3956000665 was sold on July 18, 1988, during Ms. Warner's approximately one month tenure as OIC and because no voucher was received for this money order by the PDC, her accountability for her tenure should have reflected an overage of $316.92. Instead, her final audit on August 3, 1988, reflected a shortage of $69.99.
9. On September 19, 1991, the Tulsa MSC Manager/Postmaster issued to Petitioner a Notice of Involuntary Administrative Salary Offsets Under the Debt Collection Act for her indebtedness in the amount of $316.92. Petitioner filed a timely petition for a hearing under the Act.
DISCUSSION
Following are pertinent provisions of Handbook F-1 (Post Office Accounting Procedures):121 Basic [Responsibility]
Postmasters must collect all receipts to
which their offices are entitled, account
for all funds entrusted to them, and ensure
that accounting objectives are met.
144.2 Main Stock. Postmasters must
ensure that all accountable paper received
into and dispensed from the Main Stock is
controlled. The responsibility for
maintaining the Main Stock may only be
assigned to a supervisory employee having no
access to the office cash records. When
this is impractical, and in all CAG K and L
offices, the postmaster maintains the stock
personally.
543 Control [of Money Orders]
543.1 Issuance Clerk
.11 At the close of each clerk's tour
of duty, an adding machine tape of money
order business will be prepared as follows:
d. Date stamp and sign tape at the top.
Ms. Warner failed to maintain control over money orders as required by 543.1, above, and has shown no excuse therefor. Had she assured the required money order entries were made on the adding machine tape for July 18, 1988, presumably the loss would not have occurred. Having failed to show conscientious enforcement of USPS procedures with respect to this loss, she may not be relieved of responsibility for it. The facts that she was given an evaluation of "Very Good" for her OIC performance at Ramona and that the PDC did not report the loss until nearly two years after its occurrence do not excuse her for the loss.
On the record before me, I must conclude that the notice dated September 19, 1991, was properly issued to Petitioner. She has made no claim of severe financial hardship and has not offered an alternative offset schedule. Therefore, no change will be made in the amount and schedule of deductions set forth in the notice.
The petition is dismissed.
Quentin E. Grant Chief Administrative Law Judge