Summary
A 55-year-old administrative assistant was granted eligibility for a public trust position despite initial concerns under Guideline F (Financial Considerations) due to numerous delinquent debts. The Statement of Reasons detailed thirteen specific collection accounts and judgments, including credit card debts referred for collection of $5,363 in December 2012 and $2,392 in November 2011, a cellphone account for $709 in June 2010, and a satellite TV service debt for $244 in January 2015. Additionally, several collection accounts ranging from $371 to $652 were cited, along with judgments filed between May 2010 and September 2015, totaling amounts such as $4,000, $1,852, and $2,392. Two credit card accounts totaling $9,421 and $347, placed for collection in 2009, were also noted.
The applicant successfully mitigated these concerns by demonstrating a good-faith effort to resolve her financial issues. She engaged with a credit counseling service and established a repayment plan, which led to the resolution of several debts. The judge found that her financial problems were largely due to circumstances beyond her control and that her commitment to resolving them was evident.
Ultimately, the judge determined that the applicant's financial problems were largely under control, leading to the granting of her security clearance.
Why the Applicant Prevailed
- The applicant demonstrated a good-faith effort to resolve her debts through a credit counseling service.
- She successfully settled several debts and established a repayment plan for others.
- The applicant's financial issues were largely due to circumstances beyond her control.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(b)appliedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's Control
- AG ¶ 20(c)appliedThe Person Has Received or Is Receiving Counseling for the Problem And/or There Are Clear Indications That the Problem Is Being Resolved or Is Under Control
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve Debts
Key Rule Quoted
“The protection of the national security is the paramount consideration.”
Procedural Posture
- SOR issuedJun 8, 2016
- Answer filedJul 11, 2016
- Hearing heldNov 16, 2016
- Decision dateFeb 1, 2017
Cite For
- Good-faith Effort to Resolve Financial Issues Under Guideline F
- Mitigating Conditions Related to Financial Problems Beyond the Applicant's Control
- Consideration of the Whole-person Concept in Adjudicating Trustworthiness Concerns