Reporting Stolen, Lost, Damaged, or Destroyed Personal Property

TABLE OF CONTENTS

OVERVIEW

5.1 What is the purpose of this chapter? This chapter describes the U.S. Fish and Wildlife Service’s (Service) requirements and policies for managing, processing, documenting, and adjudicating the theft, loss, damage, or destruction of personal property.

5.2 What is the scope of this chapter? This chapter applies to all Service employees who use or have responsibilities for personal property the Service owns or leases.

5.3 What are the authorities for this chapter?

A. See 310 FW 1 for a list of authorities for all the chapters in Part 310.                  

B. For Departmental policy specific to this chapter, refer to Department of the Interior, Acquisition, Arts and Asset Policy (DOI-AAAP)-0111, Stolen, Lost, Damaged, or Destroyed DOI Personal Property and Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property (the link to Technical Operating Procedures is embedded in DOI-AAAP-0111).

REPORT OF SURVEY

5.4 What is a Report of Survey? Form DI-103 is a Report of Survey. It:

A. Documents the circumstances concerning Government personal property that is stolen, lost, damaged, or destroyed;

B. Serves as or supports a voucher for adjusting the property from accountable records;

C. Documents a charge of financial liability assessed against an individual or entity;

D. Documents the destruction of firearms;

E. Establishes requirements for investigating, reporting findings, and making determinations for the relief of accountability; and

F. Records the results of findings when there is a discrepancy during a personal property inventory.

5.5 When is a Report of Survey required?

A. A Report of Survey is required for:

(1) The loss, theft, damage, or destruction of personal property and any pattern of unacceptable losses of low value property;

(2) All incidents involving lost or stolen firearms, including museum firearms and less lethal weapons such as Conducted Electrical Weapons (e.g., TASER devices);

(3) Incidents involving theft, ongoing unauthorized use, or vandalism of personal property;

(4) Incidents involving lost or stolen laptops or desktop computers, tablets, and notebooks;

(5) Incidents of personal property irregularities or any pattern of unacceptable losses of low value property (see 310 FW 1 for definition of property irregularities);

(6) All incidents of stolen museum property; and

(7) Unserviceable firearms.

B. For incidents involving the theft, loss, damage, or destruction of personal property by a contractor or subcontractor, refer to 48 CFR 45.104.

C. For motor vehicles, see 240 FW 7 and 320 FW 3.

5.6 What additional reporting requirements are necessary for theft, ongoing unauthorized use, or vandalism of personal property?

A. Cognizant employees must immediately report stolen or vandalized personal property to their immediate supervisor, Custodial Property Officer (CPO), Accountable Property Officer (APO), and appropriate law enforcement personnel.

B. APOs must report incidents to:

(1) The local law enforcement agency with jurisdiction within 24 hours (required only if law enforcement personnel were not previously notified),

(2) Personal Property Team,

(3) Service space and facility manager, and

(4) General Services Administration (GSA) facility manager (for GSA-owned or leased facilities).

C. Suspected or alleged fraud, waste or abuse of personal property should also be reported immediately as required by 409 FW 1, Reporting Allegations of Waste, Fraud, Abuse, or Mismanagement.

D. Incident information must include:

(1) A written statement from the employee responsible for the personal property item with a detailed description of the circumstances,

(2) Law enforcement or police reports,

(3) Witness statements, and

(4) Any other pertinent information, including available documentation about the asset.

E. Refer to Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property for more information about procedures for reporting stolen, vandalized, and unauthorized use of personal property.

5.7 Are there special reporting requirements for computers and mobile devices?

A. The APO must ensure incidents involving known lost or stolen laptops, desktop computers, and notebooks are reported to the Information Resources and Technology Management (IRTM) program and Service Computer Security Incident Response Team (CSIRT), Security Division within 24 hours (see IRTM Division of Cyber Security). For lost or stolen equipment that may involve Personally Identifiable Information (PII), such as an unencrypted laptop, the incident must be reported within 1 hour.

B.  Employees must report a lost or stolen mobile device (i.e., smartphones and tablets) to their supervisor, Regional/Headquarters Chief Technology Officer, and IRTM Help Desk within 24 hours of the event (see 272 FW 3).

BOARD OF SURVEY

5.8 What is a Board of Survey?

A. Service Regional Directors and the Assistant Director – Management and Administration (for Headquarters) must maintain a standing committee, known as the Board of Survey, that determines liability and financial restitution for personal property gross negligence within the responsible cost centers. Gross negligence is defined in DOI-AAAP-0111, Stolen, Lost, Damaged, or Destroyed DOI Personal Property and Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property. See section 5.11 for information on how members are appointed. The board:

(1) Reviews and investigates all circumstances surrounding lost, stolen, damaged, or destruction of Government property;

(2) Makes impartial decisions concerning the disposition of the property;

(3) If appropriate, determines financial liability for the employee for the lost, stolen, or damaged property;

(4) Investigates actions that the APO has determined are gross negligence; and

(5) Completes the Form DI-103 by documenting investigations and determinations about the disposition of the property and financial liability regarding its loss, damage, or destruction.

B. Refer to Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property for more information about Board of Survey procedures for stolen, lost, damaged, or destroyed personal property, and 48 CFR 45.104 for incidents involving the theft, loss, damage, or destruction of personal property by a contractor or subcontractor.

5.9 When is a Board of Survey required? The Board of Survey is required to convene when:

A. The APO determines there is gross negligence. The APO makes this determination based on the circumstances and the decision guide in Section 1 of Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property;

B. Incidents occur involving lost or stolen sensitive personal property (e.g., firearms, museum firearms, and computers); and

C. Unserviceable firearms require destruction.

5.10 How does an APO determine the level of negligence? After an individual has communicated that personal property was stolen, lost, damaged, or destroyed, the APO should use the information in Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property and this chapter to take action, depending on negligence.

A. We categorize the levels of negligence as follows:

(1) No negligence: Level of care that a reasonable person would have exercised occurred under the circumstances of the theft, loss, destruction, or damage of property.

(2) Simple negligence:

     (a) The absence of due care—by an act or omission of a person—lacking the degree of care for the property a reasonably prudent person would have taken under similar circumstances to avoid theft, loss, damage, or destruction to the property.

     (b) An unreasonable act—or an unreasonable failure to act—resulting in stolen, lost, damaged, or destroyed personal property. To be unreasonable, the evidence must show a typical person of similar experience and relationship to the property would have acted differently as a matter of common sense.

(3) Gross negligence:

     (a) An act or omission that constitutes a wanton and reckless or deliberate disregard for a foreseeable theft, loss, damage, or destruction of personal property.

     (b) Misconduct in accordance with 370 DM 752, Appendix B - Table of Offenses and Penalties, which lists common infractions and a suggested range of penalties for each.

(4) Property irregularity and gross negligence:

     (a) Repetitive loss of a particular type of personal property or recurring losses at a given location;

     (b) Losses of a suspicious nature;

     (c) Evidence of serious misconduct or irregularity (i.e., fraud, falsification of records); or

     (d) Known, suspected, or alleged fraud, waste, abuse, or misappropriation of personal property.

B. The APO must prepare a “Determination of Personal Property Negligence,” (see Exhibit 1), and give it to the liable individual.

5.11 How are Board of Survey members appointed? Board members:

A. The Regional Directors or Assistant Director – Management and Administration (for Headquarters) appoint members in writing (see Exhibit 2 for a template memorandum) to serve a minimum term of 1 year and no longer than 3 years. These officials also determine the composition and number of Boards of Survey needed based on geographical efficiency.

B. Boards must be comprised of at least three representatives from different programs and an alternate. One of the members serves as the designated chairperson (elected by Board members).

C. Members must not include an APO or an employee with property management administration responsibilities.

(1) Personal Property Specialists may participate as non-voting members in an advisory capacity only.

(2) If a Board member is the responsible employee or their supervisor, the Board member must be recused from the process, and the appointed alternate must vote on the Report of Survey.

5.12 What actions must a Board of Survey take when an APO submits a Report of Survey?

A. The Board of Survey must conduct a complete and thorough investigation by:

(1) Examining and verifying all evidence presented and developed (see Exhibit 3 for a template memorandum the Board can use to collect information from employees);

(2) Documenting findings;

(3) Making written recommendations for disposition of property and other actions;

(4) Determining whether employees have committed no, simple, or gross negligence:

     (a) Confirm the APO’s negligence determination, or

     (b) Re-characterize the negligence determination;

(5) Arriving at findings regarding financial liability and noting them on Form DI-103;

(6) Preparing a memorandum to the liable party explaining financial liability and communicating the right to appeal (see Exhibit 4); and

(7) Sending the Report of Survey documents to the reviewing authority.

B. Refer to Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property for more information on Board of Survey actions, roles, and responsibilities.

5.13 Who is the Board of Survey reviewing authority and what actions must they take?

A. The Joint Administrative Operations (JAO) Division Chief, Acquisition, Property, and Project Management is the reviewing authority.

B. The reviewing authority must not be a member of the Board of Survey that acted in the case under consideration or the APO of the property being surveyed.

C. If the Board of Survey is for property under the Division Chief’s authority, the reviewing authority would be the JAO Division Chief, Acquisition and Property Operations.

D. When in disagreement with the Board of Survey's findings and determinations, the reviewing authority prepares a written statement that describes the reasons for the disagreement and gives it to the Regional Director or the Assistant Director – Management and Administration (for Headquarters) to resolve.

5.14 May an employee appeal a Board of Survey finding?

A. If the APO determines gross negligence and the designated Board of Survey determines the liable individual is also financially liable, the employee may appeal the decision. This appeal process does not apply to contractors.

B. Refer to Table 4-3, Liable Individual Appeal Process, in Technical Operating Procedures for Stolen, Lost, Damaged, or Destroyed DOI Personal Property, for details about the appeal process.

5.15 How does the Service handle unserviceable firearms? To destroy firearms that are unserviceable, the APO must:

A. Complete a Form DI-103, Report of Survey, and send it to the Personal Property Team to coordinate approval through the Board of Survey. Upon approval:

(1) The APO must make the firearm totally inoperable by smelting, crushing, cutting, breaking, or deforming (the scrap may be sent for scrap/recycling after destruction); and

(2) Have another Service employee witness the destruction, sign the Form DI-103, and take photos as evidence of the destruction.

B. Send all documentation to the Personal Property Team who will remove the system-controlled property from the Financial and Business Management System (FBMS).

RESPONSIBILITIES

5.16 Who is responsible for the Report of Survey and Board of Survey process? See Table 5-1.

Table 5-1: Roles and Responsibilities for Report of Survey and Board of Surveys