Summary
A 47-year-old single mother of five was denied a public trust position due to financial considerations under Guideline F. The applicant had 30 delinquent debts totaling over $14,000, primarily accumulated since 2008. While she attributed her financial difficulties to her husband's illness and subsequent divorce, the judge found insufficient evidence of responsible behavior in addressing her debts.
Specifically, the applicant had three student loans totaling $7,089, which were current and being resolved. However, she was also indebted to a bank for approximately $523, a debt she contested but had not formally disputed or provided documentation to resolve. Additionally, she owed a single collection agent for 18 separate debts totaling about $4,763, which remained unresolved. Eight other delinquent accounts, including satellite television, store credit, credit card, medical debts, a city debt, and a foreclosed mortgage, also lacked documentation of resolution or dispute.
Ultimately, 27 of the 30 delinquent debts remained unresolved. The applicant failed to demonstrate a good-faith effort to resolve her debts, provide evidence of financial counseling, or establish a sufficient track record of responsibly handling her financial affairs. Consequently, her eligibility for the public trust position was denied.
Why the Applicant Was Denied
- Applicant has 30 delinquent debts totaling over $14,000, with 27 remaining unresolved.
- The applicant failed to demonstrate a good-faith effort to resolve her debts or provide evidence of financial counseling.
- The applicant did not establish a sufficient track record of responsibly handling her financial affairs.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 20(b)rejectedConditions Largely Beyond the Person's ControlAlthough circumstances were beyond her control, the applicant failed to show responsible behavior in addressing her debts.
- AG ¶ 20(c)rejectedReceived Counseling for the ProblemThe applicant did not present evidence of financial counseling.
- AG ¶ 20(d)rejectedGood-faith Effort to Repay Overdue CreditorsThe applicant did not demonstrate a good-faith effort to resolve her 27 unresolved debts.
- AG ¶ 20(e)rejectedReasonable Basis to Dispute Legitimacy of DebtThe applicant did not provide written evidence verifying her disputes.
Key Rule Quoted
“Failure or inability to live within one’s means, satisfy debts, and meet financial obligations may indicate poor self-control, lack of judgment, or unwillingness to abide by rules and regulations, all of which can raise questions about an individual’s reliability, trustworthiness and ability to protect classified [or sensitive] information.”
Procedural Posture
- SOR issuedApr 27, 2016
- Answer filedMay 19, 2016
- Hearing heldJul 21, 2016
- Decision dateNov 2, 2016
Cite For
- Insufficient Evidence of Responsible Behavior in Addressing Financial Obligations
- Impact of Unresolved Debts on Trustworthiness Determinations
- Criteria for Evaluating Financial Considerations Under Guideline F