SF85P Adjudication

Seeking guidance. I have about 20 yrs in working for local governments/municipalities, over 5 yrs legislative, almost 2 yrs as a federal contractor and 11 months as federal employee.

In starting work 3 yrs ago, I completed an SF85. At the time I had almost $62k debt because of a vehicle accident and owed the IRS. I also had a prior employer in which I took a temporary 6-month gig who submitted two separate conflicting verifications of employment; one good and the other not so good They let me begin work. At the one-year mark after not receiving a determination, I requested via FOIA a copy of the investigation and gained insight into the info being reviewed. I managed during that time to settle and/or pay off $59k, set up a payment plan with the IRS and I have made every payment thus far. I was provided a favorable adjudication almost 2 yrs after my beginning work…which also happened to coincide with my contract end date by 5 days.

Simultaneously, I had interviewed and had been advised I was the successful candidate for another position (same Department, different mode) but because of a continuing resolution and the pandemic, it delayed the offer by a month. I was told previously by the adjudicator that the security review would follow the reciprocity process.

I was asked to complete an SF85P as this was a federal position. I advised the security officer of the adjudication that occurred one month prior. The agency HR department granted a favorable determination, after I advised them they were asking questions that had previously been resolved with the adjudicator and provided them with the email sent to me reflecting favorable adjudication as well as the copy of my responses and detail. Two weeks later I received a call from an investigator and I completed the 2 hour interview. During the call, I made reference to the favorable adjudication and she advised me that I could faxher the package sent to the adjudicator. (All her questions were exactly the same as those asked during the adjudication and HR review). Well an interesting thing happened when faxing the info…after three pages I received notification from efax that the fax machine had been turned off. After not being able to reach her by phone, I sent the file by FedEx to her corporate office and subsequently notified via email the current security officer, HR and the prior adjudicator of what had transpired. No one responded. On the advisement of a friend who had a secret clearance, I did not immediately pursue it further. However a few months later, I did the FOIA thing again. In the report and though the outcomes agreed that I had addressed the concerns, there was a “Please Call” notation written into the record for what appears to be meant for other reviewers.

The job description for the federal position was different from what had been relayed during the interview process. I performed the work, but the Director over the unit expressed that I did not appear “happy” in the position and my probationary period ended 11 months after my start. This was devastating.

Here’s the rub. I am a successful candidate for a contract position. I was asked to complete an OF306. I advised the new department of the prior adjudication as well noting the federal agency termination. They look into it and advised me that no action was taken after the interview and that they would have to start the process over again. Two months have passed since the investigation started and without continuous work and being a one-person household, things are getting hairy. BTW: I continue to apply for other jobs but nothing has eventuated in income. As well, the 6 month gig that I noted previously that sent two conflicting employment verifications has passed the five year security review period.

I am now seeing that if the Department was made aware of the FOIA requests it may have been looked upon as being negative, in their eyes. My concern is that whatever this “please call” is, it may be harmful and false. But without having whatever information being relayed by mouth, and not in writing, it is my belief that it impacted the decision for completion of my probationary period and is now impacting my current employment offer.

Do I have any recourse or anything that I can do in terms of an appeal? How do I have the “please call” removed from my file to ensure a fair and impartial process? Does any agency have oversight of the individual Department’s actions? Is this the normal process or do I have a legitimate cause for concern?

“Please Call” is not harmful or false. And that’s really all that needs to be discussed about that.

Also, HR personnel do not grant favorable determinations. That is a federal personnel security specialist function.