ARTICLE 44

**PERSONAL PROPERTY MANAGEMENT**

**Section 44.01 - Credit Cards Issued for Small Purchases by HUD**.

\(1\) **Nonapproved Purchases**. Small purchase credit cardholders shall
not be held responsible for nonapproved purchases unless such purchases
are made knowingly and willfully in violation of the regulations.

\(2\) **False, Fictitious and Fraudulent Purchases**. The cardholder is
prohibited through use of the card, from making any purchase knowing
such purchase to be false, fictitious or fraudulent. If the cardholder
knowingly and willfully makes a false, fictitious or fraudulent claim,
he or she shall be subject to a fine of not more than ten thousand
dollars (\$10,000) or imprisonment of not more than five (5) years, or
both.

\(3\) **Lost or Stolen Cards**. The cardholder may be responsible to the
Federal Government for charges on a lost or stolen card only if the
cardholder knowingly and willfully fails to report it in accordance with
procedures outlined in Instructions For Use of U.S. Government Bankcard
for the Cardholder. These procedures shall be explained to all new
bankcard holders prior to the issuance of the card. The cardholder shall
not be held financially responsible for charges on a lost or stolen card
unless the Government is held accountable by the card issuer.

\(4\) **Agency Review**. Any determination as to financial liability
based upon these provisions shall be made jointly by the proposing
official and OAMS/HQ or Field Office Administrative Resources Division,
as appropriate.

\(5\) **Card Security**. Upon request, cardholder shall be provided a
secure place to safeguard the card.

\(6\) **Card Destruct Notice**. Cardholders no longer authorized to use
the card shall cut the card in half and shall return the card with the
completed card destruct notice to his/her approving official.

**Section 44.02 - Employee Responsibilities for Government Property
Issued for Official Use**.

\(1\) Employees who are issued Government-owned property that requires a
custody receipt shall be instructed as to that property\'s proper use,
maintenance, security, and

disposition. At the time such property is issued, the receiving employee
shall be advised how to obtain maintenance services for such items.

\(2\) Employees responsible for sensitive property shall be afforded
appropriate security arrangements for such property. They shall also
have access to such property in order to perform the duties of their
assigned position in conjunction with taking appropriate measures to
insure that property is secured.

\(3\) Membership in the bargaining unit shall not be a factor in
determining the priority of property issuance, repair, or replacement.

\(4\) The HUD acquisition, repair and/or replacement process for
remedial equipment and devices for qualified handicapped employees shall
be accomplished without undue delay.

\(5\) Employees shall promptly notify their supervisors of the need to
replace, repair, or acquire personal property. They shall also notify
their supervisors of possible hazards (fire, theft, deterioration,
improper or insecure storage) to expendable items.

\(6\) Forms for reporting loss, theft, or damage to Government-owned
personal property, as well as forms needed to identify and remove
privately-owned personal property from the premises, shall be readily
available to employees through administrative officers.

\(7\) In accordance with GSA regulations, surplus property may not be
purchased directly from the Department. Employees interested in
acquiring surplus Government property may purchase such property at
public GSA auctions.

\(8\) Management shall annually notify the Union of the month and
location for all scheduled property inventories.

\(9\) Unit employees who are subject to inquiry before the Property
Board of Survey shall be allowed to be represented by the Union. Any
request to a unit employee to appear before the Property Board of Survey
shall include the following:

\(a\) Statement of the Property Board of Survey functions;

\(b\) Alleged incident(s) which gives rise to Property Board of Survey
meeting;

\(c\) The time and place of the meeting;

\(d\) Notification that the employee is allowed Union representation, if
he or she so chooses; and

\(e\) The right to a copy of all documents relating to the inquiry to
the extent such disclosure is not inconsistent with law and existing
Governmentwide regulations.

\(10\) Management agrees to issue an annual staff bulletin to all
employees similar to Staff Bulletin #84-95, Employees Personal Property
Management Responsibilities. This bulletin shall enumerate Management
and employee responsibilities for complying with this supplement and
Handbook 2235.7 REV, Personal Property Management.

\(11\) When the reviewing official determines that an employee is liable
for loss of, or damage to, Government property, he or she shall send a
notice to the employee stating the following:

\(a\) The date upon which the loss of, or damage to, Government property
was discovered;

\(b\) The estimated cost of repair or replacement with substantially
equivalent or identical Government property;

\(c\) The specific reasons why the employee is believed to be liable for
the loss of, or damage to, Government property; and

\(d\) A statement that the employee shall have the right to appeal any
decision made for loss of, or damage to, Government property by both
internal review and the negotiated arbitration procedure.

\(12\) In order for the Department to find an employee monetarily liable
for any loss of, or damage to, Government property, it must prove the
loss of, or damage to, Government property was caused by the employee\'s
negligence in safeguarding the property or equipment.

\(13\) If the employee is determined to be monetarily liable, the
indebtedness must be paid within thirty (30) days to avoid interest. If
the employee does not or cannot liquidate the debt, the amount of
indebtedness may be collected in monthly installments, or at officially
established pay intervals, by deduction from the employee\'s salary. The
amount deducted shall not exceed fifteen (15) percent of disposable pay
except with the affected employee\'s written consent.

\(14\) Any collections under this Article shall be done under the
procedures set forth in the Delinquent Debt Collection Handbook, 1900.25
Rev, and 4 CFR 102.2, 102.3, and 102.11.

\(15\) Use of privately-owned personal property that requires the use of
utility services must be approved by Management.