DHS NOPA for an 1811 Position

SECURITY CLEARANCE Q&A
1

Hi all, I got hit with a NOPA proposing to find me UNSUITABLE for an 1811 position and am being allowed to respond to show why I shouldn’t be found unsuitable. I’m not sure what my chances are. Keep in mind all the following incidents happened 2.5 years ago. If anyone could provide me insight or possibly let me know what they think my chances are let me know. All of this derogatory info was self-admitted to on SF-86 and during pre-employment poly which I passed and was not found out during an SSBI. How do I mitigate specification 3? I feel like that’s a hurdle. I feel like I need to overcome a 31 USC 1349(b) issue.

Charge 1: Misconduct in employment (Former 1811) - Resigned after interviewed by OIG because I felt I would have been looking over my shoulder everyday at the agency considering others in my office said stuff that was not true and was no finding or substantiation of those claims.

Specification 1: Car accident that led my agency being sued for damages and injury by the driver of the other vehicle. I was ticketed for this for an unsafe lane change. Paid $75 fine and 30 days of probation and charge was dismissed.

Specification 2: Speeding in my work car (was originally going 81 in a 75). Dropped to a 55mph zone didn’t see the sign and was ticketed. Fine was over $300, charge was dismissed though.

Specification 3: Admitted to using the emergency lights in my vehicle to make a u-turn on 3 separate occasions which DHS is labeling as “personal convenience” and “abuse of authority”. In the jurisdiction this occurred U-turns are legal.

Charge 2: Criminal Conduct (Yes they used the same exact specifications as above just reworded the paragraphs)

Specification 1: Car accident in gov car that led my agency being sued for damages and injury by the driver of the other vehicle. I was ticket for this for an unsafe lane change. Paid $75 fine and 30 days of probation and charge was dismissed.

Specification 2: Speeding in my work car (was originally going 81 in a 75). Dropped to a 55mph zone didn’t see the sign and was ticketed. Fine was over $300, charge was dismissed though. DHS saying I was knowingly operating gov car outside the parameters of the law.

Specification 3: Admitted to using the emergency lights in my vehicle to make a u-turn on 3 separate occasions which DHS is labeling as “personal convenience” and “abuse of authority”. In the jurisdiction this occurred U-turns are legal.

2

In some cases, when appealing a “suitability” decision, the only path is the refute the facts presented by showing they are incorrect. It is not a case of mitigating concerns. Does the letter say anything about that?

As for specification 3 that does sound kinda flaky… maybe they can go after the cop in Maryland who hit his lights and made a left turn right in front of me.

3

It says "Under the authority of 5 C.F.R. §5.2 and Part 731, and Executive Order (E.O.) 12968, as amended by E.O. 13764, I have carefully reviewed the record developed during the pre-employment process. Derogatory information was revealed, which is serious enough to warrant a proposal that you be found unsuitable for the above referenced position. The purpose of this letter is to give you an opportunity to show cause as to why you should not be found unsuitable for this position.

This NOPA constitutes a proposal to find you unsuitable for employment due to the following
concerns:"

4

I had a lawyer help me with mine, but I had hard evidence against all claims made against me. I have submitted my response, but now have been waiting 2 months. An accident is an accident, so I am not sure how that can be held against you.

But misuse of lights is what it is. Unless you were responding to an incident, on an incident, there is absolutely no reason to use your lights. You can own up to your mistakes and say it will not happen again.

If you only had a onetime speeding charge, that should not be hard. Yes, you broke the law. Maybe you were just keeping up with traffic, maybe you did not realize you were going so fast… Any traffic lawyer can help you with a response for that.