In the Matter of the Petition by ) March 24, 1997 ) JACQUELINE C. ULRICH ) RR #1 Box 270 ) ) at ) ) Bagley, MN 56621-9141 ) P.S. Docket No. DCA 97-31 APPEARANCE FOR PETITIONER: Jacqueline C. Ulrich RR #1 Box 270 Bagley, MN 56621-9141 APPERANCE FOR RESPONDENT: Thomas P. Geren Senior Labor Relations Specialist United States Postal Service 100 South First Street, Room 423 Minneapolis, MN 55401-9401
Petitioner, Jacqueline C. Ulrich, filed a petition for a hearing on written submissions after receiving a Letter of Demand from the Officer in Charge (OIC) of her post office. This letter stated the intention of the Postal Service to recover from Petitioner's salary $349.12, to cover a shortage in her accountability at the Bagley, Minnesota Post Office. The record consists of Petitioner's letter of Petition and Respondent's Answer. Although afforded the opportunity to supplement the record with additional evidence and briefs, neither party chose to do so. Thus, all factual findings herein are based on the Petition and Answer.
1. Petitioner is a window clerk in the Bagley, Minnesota Post Office. On December 17, 1996, a financial audit of Petitioner's accountability disclosed a shortage of $349.12. Petitioner does not dispute the existence of the shortage or the accuracy of the audit's results. The cause of the shortage is unknown.
2. On occasion, Petitioner provided the keys to her drawer and her access codes to other employees at the Post Office. Instead of returning her drawer to the office safe when taking two to four hour breaks during the day, Petitioner left the drawer, latched but unlocked, at her window.
3. On December 31, 1996, Respondent issued Petitioner a Letter of Demand, which, inter alia, informed her of her right to a hearing under the Debt Collection Act of 1982. On January 9, 1997, Petitioner timely filed her petition for such a hearing.
The applicable standard of liability in this dispute is contained in Subsection 132, Other Employees, of Handbook F-1, Post Office Accounting Procedures, which provides that employees who are assigned responsibility for postal funds and other accountable paper will be held strictly liable for any loss unless they can demonstrate that they exercised reasonable care in the performance of their duties. Thus, in the case of an unexplained loss, the Postal Service must prove only that a loss occurred and that the person charged was accountable for the stock from which the loss occurred. Respondent is not required to prove any dereliction or negligence on the part of the Petitioner. Petitioner may, in turn, be relieved of responsibility by demonstrating that she exercised reasonable care in the performance of her duties.
In this proceeding, Respondent has adequately established that Petitioner has suffered a loss in her accountability. Petitioner does not dispute that she was short the $349.12 in her account which Respondent now seeks to recover from her. Petitioner, however, has failed to demonstrate that she exercised reasonable care in the performance of her duties. Giving her drawer keys and access codes to other employees and not returning her drawer to the safe when taking extended breaks do not demonstrate reasonable care.
Accordingly, this petition is denied. Respondent
may begin recovering the $349.12 shortage from Petitioner's salary
by administrative offset.
William K. Mahn Administrative Judge