Summary
A 25-year-old certified pharmacy technician was denied a public trust position due to concerns under Guideline F (Financial Considerations) and Guideline J (Criminal Conduct). The applicant had accumulated six delinquent credit card accounts totaling approximately $28,516. While he admitted to some of these debts and made a payment on one in January 2010, he had not acted in good faith regarding others, nor had he paid a specific admitted debt despite having adequate savings and a steady income.
Regarding criminal conduct, the applicant was arrested for shoplifting in November 2005, completing a diversion program in May 2006, which resulted in dismissed charges. He stated he was unaware of his friend's theft but entered the program to resolve the issue. More significantly, in November 2007, he was arrested for driving under the influence, pleading guilty to "extreme DUI" with a blood-alcohol level of .15% or more.
In February 2008, he was sentenced to ten days in jail, ordered to pay $3,566 in fines and costs, and placed on five years' probation. He was also required to complete alcohol and drug classes, install an interlock device, and received a restricted driver’s license. The judge found that the applicant's financial irresponsibility and ongoing probation for criminal conduct raised doubts about his reliability and trustworthiness, leading to the denial of his application.
Why the Applicant Was Denied
- The applicant admitted to significant delinquent debts totaling approximately $28,516, indicating financial irresponsibility.
- The applicant was on probation for a DUI conviction, which raised concerns about his judgment and reliability.
- The applicant failed to demonstrate a good-faith effort to resolve his debts or to provide evidence of rehabilitation.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 31(a)raisedA Single Serious Crime or Multiple Lesser Offenses
- AG ¶ 31(d)raisedIndividual Is Currently on Parole or Probation
- AG ¶ 20(b)rejectedConditions That Resulted in the Financial Problem Were Largely Beyond the Person's ControlThe applicant did not act responsibly to resolve his debts despite claiming a period of unemployment.
- AG ¶ 20(d)rejectedIndividual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant did not demonstrate good faith in addressing his debts.
- AG ¶ 32(a)rejectedSo Much Time Has Elapsed Since the Criminal Behavior HappenedThe applicant's ongoing probation and recent financial irresponsibility did not mitigate concerns.
Key Rule Quoted
“A person who seeks access to sensitive information enters into a fiduciary relationship with the government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedAug 28, 2009
- Answer filedSep 27, 2009Requested determination on the record without a hearing.
- Hearing held—No hearing was held.
- Decision dateMar 23, 2010
Cite For
- Trustworthiness Concerns Under Guideline F Due to Financial Irresponsibility
- Impact of Criminal Conduct on Trustworthiness Under Guideline J
- Requirements for Demonstrating Good Faith Efforts to Resolve Debts