In the Matter of the Petition by	)  November 4, 1996
					)
EVELYN M. SILVA				)
617 Augdon Drive			)
					)
	at				)
					)
Elyria, OH  44035-3031			)  P.S. Docket No. DCA 96-317

 
APPEARANCE FOR PETITIONER:		Evelyn M. Silva
					617 Augdon Drive
					Elyria, OH  44035-3031

APPEARANCE FOR RESPONDENT:		Linda J. Armstrong
					Labor Relations Specialist
					United States Postal Service
					2200 Orange Avenue, Room 106
					Cleveland, OH  44101-9401

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

Petitioner, Evelyn M. Silva, filed a petition requesting a hearing under the Debt Collection Act of 1982, as amended, 5 U.S.C. §5514(a), after receiving a Notice of Involuntary Administrative Salary Offsets Under the Debt Collection Act. The August 1, 1996 Notice asserted the Postal Service’s intention to make withholdings from Petitioner’s salary to collect $92.05 based on the results of a count of the stock and cash assigned to Petitioner’s window credit.

The parties did not desire an oral hearing, and this matter is being decided based on the written submissions of each party.

FINDINGS OF FACT

1. Petitioner is a PTF window clerk in the Lorain, Ohio Post Office (Letter of Demand; PS Form 2608).

2. A May 16, 1996 count of Petitioner’s credit revealed a shortage of $92.05 (PS form 3294). A checklist completed by Petitioner’s supervisor at the time of the audit noted the shortage and also that the audit revealed that Petitioner did not have out-of-date stock, excessive cash or personal items in her credit and that the bait money orders were properly stored (Checklist).

3. Petitioner was within tolerance on the two previous counts of her credit, which were the only ones done since she had been first assigned a credit in July 1995. On October 18, 1995, she was $22.67 over and on January 29, 1996, she was $20.61 over. (PS Form 3368).

4. Employees with window credits "are held strictly accountable for any loss unless evidence establishes they exercised reasonable care in the performance of their duties." (Section 132, Handbook F-1, Post Office Accounting Procedures).

DECISION

Respondent argues that it has shown that the shortage in Petitioner’s credit resulted in a loss to the Postal Service and that there has been no showing that Petitioner exercised reasonable care in the performance of her duties as a window clerk. Therefore, according to Respondent, Petitioner is liable for the $92.05 shortage.

Petitioner argues that Respondent failed to provide adequate security in her work area and that insufficient financial training had been provided. She asserts that she performed her duties conscientiously and should not be liable for the shortage.

By demonstrating that the stock and cash in Petitioner’s credit was $92.05 less than what should have been there (Finding 2), Respondent has shown a loss in that amount, and Petitioner has offered no evidence to contradict such a finding.

However, Petitioner will not be held strictly accountable for the loss if the evidence establishes that she exercised reasonable care in the performance of her duties. She stated in previous correspondence with Respondent that she conscientiously performed her duties, and the audit checklist (Finding 2) supports this assertion. Aside from the shortage, the supervisor found no fault with Petitioner’s maintenance of her credit as part of her window clerk duties, and the entries on the checklist indicated that Petitioner complied with the stated requirements in maintaining her credit. Additionally, that her two previous counts were within tolerance supports her claim that she exercised reasonable care. Accordingly, I find that the evidence establishes that Petitioner exercised reasonable care in the performance of her duties and that she is not liable for the shortage.

The petition is granted.

					Norman D. Menegat
					Administrative Judge