Summary
A 40-year-old father of two was denied a public trust position due to financial trustworthiness concerns under Guideline F. The applicant faced allegations regarding 18 delinquent debts totaling $35,383. Specific issues included a $10,578 involuntarily repossessed vehicle loan and a $389 lien. While some student loans were consolidated and in deferment until August 2017, and regular payments were made on child support arrearages totaling $1,241, reducing the balance to $198, these actions were insufficient to resolve the overall financial concerns.
Disqualifying conditions under AG ¶ 19(a) and AG ¶ 19(c) were raised. Although mitigating conditions AG ¶ 20(a), AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d), and AG ¶ 20(e) were considered, they were not sufficient to overcome the concerns.
The denial was based on the applicant's failure to provide proof of payments for multiple debts, demonstrate that his financial problems were under control or unlikely to recur, and present sufficient evidence of receiving financial counseling.
Why the Applicant Was Denied
- The applicant failed to provide proof of payments on multiple debts.
- The applicant did not demonstrate that his financial problems were under control or unlikely to recur.
- Insufficient evidence was presented to show that the applicant received financial counseling.
Conditions Referenced
- AG ¶ 19(a)raisedInability or Unwillingness to Satisfy Debts
- AG ¶ 19(c)raisedA History of Not Meeting Financial Obligations
- AG ¶ 20(d)appliedThe Individual Initiated a Good-faith Effort to Repay Overdue Creditors or Otherwise Resolve DebtsThe applicant made payments on child support arrearages.
- AG ¶ 20(e)rejectedThe Individual Has a Reasonable Basis to Dispute the Legitimacy of the Past-due DebtThe applicant failed to provide documentation supporting his disputes.
- AG ¶ 20(a)rejectedThe Behavior Happened so Long Ago, Was so Infrequent, or Occurred Under Such Circumstances That It Is Unlikely to RecurThe applicant's financial problems continue to cast doubt on his reliability.
- AG ¶ 20(b)rejectedThe Conditions That Resulted in the Financial Problem Were Largely Beyond the Person’s ControlThe applicant's job loss due to excessive internet usage was within his control.
- AG ¶ 20(c)rejectedThe Person Has Received or Is Receiving Counseling for the ProblemNo evidence of financial counseling was presented.
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 information.”
Procedural Posture
- SOR issuedFeb 3, 2015
- Answer filedFeb 27, 2015Applicant elected for a written record decision.
- Hearing held—No hearing; decided on the written record.
- Decision dateSep 17, 2015
Cite For
- Failure to Mitigate Financial Considerations Under Guideline F
- Insufficient Evidence of Financial Responsibility
- Impact of Financial Issues on Trustworthiness Determinations