Summary
A 31-year-old defense contractor employee was denied a public trust position due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had over $30,000 in delinquent debt, including a $429 child support judgment satisfied by garnishment and numerous delinquent medical debts, one totaling $15,023 and others totaling $17,777 each. Despite claiming significant excess income, she failed to provide evidence of efforts to resolve these financial obligations.
Additionally, the applicant had a history of criminal conduct, primarily involving domestic violence. This included an arrest for Disorderly Conduct in March 2001, and a guilty plea to Simple Assault in 2002 following a domestic dispute in the presence of her child. In February 2003, she faced charges of Domestic Violence Assault, Disorderly Conduct, and Criminal Trespass, entering a plea-in-abeyance agreement. She was also arrested for Simple Assault in July 2003, which was dismissed.
Further incidents included a 2005 arrest for Simple Assault and Criminal Mischief, resulting in a guilty plea to Criminal Mischief, a fine, suspended jail time, probation, and an order to complete a domestic violence program and pay restitution for $400 in damages. Her final arrest for Assault occurred in late 2005 or early 2006, with the charge dismissed after she completed domestic violence counseling. The denial was based on her failure to address substantial delinquent debt and her history of domestic violence offenses, which raised concerns about her judgment and reliability.
Why the Applicant Was Denied
- Applicant has over $30,000 in delinquent debt and failed to provide evidence of efforts to resolve it.
- Applicant has a substantial history of domestic violence offenses, raising concerns about her judgment and reliability.
- Despite claiming excess income, the applicant did not demonstrate good-faith efforts to repay debts or mitigate financial issues.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedHistory of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(c)raisedAllegation or Admission of Criminal Conduct
- AG ¶ 20(c)rejectedReceived or Receiving Counseling for the ProblemInsufficient evidence of effective counseling or resolution of debts.
- AG ¶ 32(d)appliedEvidence of Successful RehabilitationSome mitigation due to a recent good employment record and no new offenses in the past three years.
Key Rule Quoted
“"The standard that must be met for . . . assignment to sensitive duties is that, based on all available information, the person’s loyalty, reliability, and trustworthiness are such that . . . assigning the person to sensitive duties is clearly consistent with the interests of national security."”
Procedural Posture
- SOR issuedMay 5, 2009
- Answer filedJun 4, 2009Applicant requested a decision on the written record.
- Hearing held—No hearing was held.
- Decision dateDec 31, 2009
Cite For
- Denial of Eligibility Due to Significant Delinquent Debt Under Guideline F
- Recidivism in Domestic Violence Offenses Under Guideline J
- Insufficient Evidence of Rehabilitation Despite Claims of Excess Income