In the Matter of the Petition by                                )
                                                                               )
JOYCE L. JONES                                                    )
833 S. Taylor Avenue #A                                      )
                                                                               )
              at                                                              )
                                                                               )
Montebello, CA 90640-5809                                   )    P.S. Docket No. DCA 99-33

APPEARANCE FOR PETITIONER:                           Joyce L. Jones
                                                                               833 S. Taylor Avenue #A
                                                                               Montebello, CA 90640-5809

APPEARANCE FOR RESPONDENT:                        Wayne Marshall
                                                                               Labor Relations Specialist
                                                                               United States Postal Service
                                                                               5555 Bandini Blvd. Room 240
                                                                               Bell, CA 90201-9997

FINAL DECISION UNDER THE DEBT COLLECTION ACT OF 1982

Petitioner, Joyce Jones, filed this Petition after receiving a Notice of Involuntary Administrative Salary Offsets, dated January 9, 1999. This Notice stated the Postal Service’s intention to withhold $338.82 from Petitioner’s salary, based on money allegedly lost in the sale of a money order in 1994.

Petitioner elected a hearing based on written submissions, and the parties were given an opportunity to submit additional evidence and argument, beyond that submitted with the Petition and the Answer. Both parties have submitted some additional materials. The following findings of fact are based on all the materials submitted by the parties.

1. Petitioner has been a window clerk at the Hollywood Station Post Office in Los Angeles, California since at least early 1994.

2. A money order log containing Petitioner’s signature shows that she was issued a series of money orders that included #6056562756 on June 2, 1994.

3. A tape listing of money order transactions for June 24, 1994, lists #6056562756 as "VOID."

4. On January 9, 1999, Petitioner was issued a Notice of Involuntary Administrative Salary Offsets stating that she owed the Postal Service $338.82, "based on unaccounted for funds for Money Order #6056562756 during Postal Quarter 3/95."

Respondent argues that Money Order #6056562756 "was subsequently cashed and the funds were deducted from postal revenue," and that Petitioner was responsible because she failed to remit the $338.82 – the amount of the money order. Respondent’s position is that this demonstrates that Petitioner failed to exercise reasonable care in performing her duties with regard to this money order.

Petitioner argues that the documents submitted by Respondent do not support the allegation against her, and that Respondent has never provided all the records she requested when this case first arose.

Respondent has filed no statement of any witness who has knowledge of the relevant facts, and the documents filed by Respondent are not sufficient to support a finding that the money order was cashed, or that a loss has occurred. Respondent has offered two PS Forms 1908, Financial Adjustment Memorandum, which Respondent says "illustrate financial discrepancies," and "verify Petitioner’s error." However, without some explanation as to when, by whom, and on what factual basis these forms were created, they prove nothing. Respondent also filed a copy of what purports to be the money order, but it is almost completely illegible. No money order number, amount or date can be read. This is further confused by a copy of a money order voucher for #6056562756 submitted by Petitioner, which shows the amount to be $388.07.

Based on failure of Respondent to carry its burden of proof in establishing that a loss occurred, the Petition is sustained. Respondent may not collect $338.82 from Petitioner’s salary.

Bruce R. Houston
Chief Administrative Law Judge