Summary
The applicant, a 39-year-old customer service representative for a DOD contractor, faced trustworthiness concerns under Guideline F due to financial issues, including several unpaid debts. The judge granted the applicant's eligibility for a public trust position, finding that her financial difficulties were largely due to circumstances beyond her control, such as divorce and the need to support her children. The applicant demonstrated responsible financial behavior by maintaining current payments on essential expenses and making efforts to resolve her debts.
Under Guideline F (Financial Considerations), the Statement of Reasons alleged the following: Applicant owes a medical bill in the amount of $326 that remains unpaid (1.a). Applicant is indebted to a landlord for an unpaid judgment in the amount of $2,083 (1.b). Applicant is indebted to a cable company for an unpaid bill in the amount of $483 (1.c). Applicant is indebted to a cable company for an unpaid bill in the amount of $310 (1.d). Applicant is indebted to a cable company for an unpaid bill in the amount of $235 (1.e). Applicant is indebted to a cable company for an unpaid bill in the amount of $87 (1.f). Applicant is indebted for fines in the amount of $77 (1.g). Applicant is indebted for a storage unit in the amount of $1,026 (1.h). Applicant is indebted for fines in the amount of $757 (1.i). Applicant is indebted for fines in the amount of $510 (1.j). Applicant is indebted for fines in the amount of $409 (1.k). Applicant is indebted for fines in the amount of $335 (1.l). Applicant is indebted to a property management company for an account that has been placed for collection in the approximate amount of $2,144, and as of the date of the hearing remains unpaid (1.n).
The judge granted the clearance. The government raised disqualifying conditions AG ¶ 19(a), AG ¶ 19(c). The judge applied mitigating conditions AG ¶ 20(b), AG ¶ 20(c), AG ¶ 20(d). The decision turned on the following: The applicant's financial difficulties were largely due to circumstances beyond her control, including divorce and child support obligations; She demonstrated responsible financial behavior by maintaining current payments on essential living expenses; The applicant initiated good-faith efforts to resolve her debts and had a plan for repayment.
Why the Applicant Prevailed
- The applicant's financial difficulties were largely due to circumstances beyond her control, including divorce and child support obligations.
- She demonstrated responsible financial behavior by maintaining current payments on essential living expenses.
- The applicant initiated good-faith efforts to resolve her debts and had a plan for repayment.
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
“A person who seeks access to sensitive information enters into a fiduciary relationship with the Government predicated upon trust and confidence.”
Procedural Posture
- SOR issuedApr 29, 2015
- Answer filedJul 9, 2015
- Hearing heldOct 20, 2015
- Decision dateJan 19, 2016
Cite For
- Mitigating Conditions Under Guideline F for Financial Considerations
- Impact of Personal Circumstances on Financial Obligations
- Responsible Financial Behavior in the Context of Trustworthiness Evaluations