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Missing a Required Security Clearance Is Valid Basis for Removal

Non-Reviewable

LERS
DOD
Fri Aug 31, 2007 10:27 AM

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Security clearance have always been a matter of dispute when the have been revoked or denied. Maintaining a security clearance is a "Condition of Employment" and failure to maintain the clearance can and should be grounds for removal.

OPM is the agency responsible for clearances, so the employee’s argument that there was a "predetermined" decision to remove him doesn’t hold.

Re: Non-Reviewable

Acountant
DFAS
Fri Aug 31, 2007 12:51 PM
I was under the impression that OPM conducted the investigation, gathered the data, and that the agency itself was responsible for making the determination.

Predestination

Lowly Peon
SSA
Fri Aug 31, 2007 1:11 PM

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Holy moly- I think USSS may have found away to get rid of emplyees it no longer wants. Revoke their security clearances, then fire them.

If I understand the courts rational- an employee has no rights to due process in security clearance determinations. Unlike those pesky Civil Service rules. From the employers perspective- if i revoke your security clearance first, I can fire you with impunity later.

Re: Predestination

programmer
doe
Fri Aug 31, 2007 1:43 PM
....Getting his security clearance revoked is his own fault, not somebody elses. ESPECIALLY when he declined to participate in the opportunity to appeal the decision.

clearance

None
USG
Sat Sep 1, 2007 10:15 AM

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The agency that hires you request the investigation from OPM. Once it's complete, the agency that employs you holds the clearance and it would be up to them to suspend the clearance. You aren't going to have your clearance pulled unless they have a good reason. There's an appeal process which costs the agency mega-bucks. They have better things to spend their budget on.

About 80% of the clearances pulled are due to financial problems, so keep your credit good. Bad credit makes you vulnerable to espionage (look at the stats) so be responsible and pay your bills on time.

Security Clearances

Personnel Security
Army
Tue Sep 4, 2007 3:07 AM

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Some agencies outside the DoD do their own investigating, so it may not have been OPM, but generally you are right by saying that OPM gathers the facts and the Agency decides.

Some agencies are more lenient than others. Some require management to attempt to transfer you to a job that requires no clearance before firing you, others dont.

It usually takes some serious and very recent misconduct to have your clearance denied or revoked. People generally think security clearances are harder to get than they actually are.

If it was predetermined and someone wanted him out, they had ground for it. If it wasnt predetermined and it was a fair process, then he had recently been involved in some seriously wrong or very questionable activity.I dont have the link off the top of my head but there was recently a case of a contractor who was convicted of involuntary manlaugher in the Korean War, did 6 months in the brig and recieved a General Discharge. His Top Secret was granted.

Re: Security Clearances

LERS
DOD
Tue Sep 4, 2007 11:22 AM
OPM has "Delegated" to the agencies the right to remove an employee for failure to maintain a security clearance. However, I have seen OPM actually take the action on more serious cases.

Security Clearance

Retired
ICE
Tue Sep 4, 2007 11:06 AM

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I have no doubt that the outcome of the administrative procedure was predetermined as I have seen it many times.

Dishonest managers who rightfully or wrongly want to remove an employee will order a subordinate supervisor to be the "proposing official" that way the dishonest manager can be the "deciding official."

I think such dishonest managers and spineless subordinate supervisors should be the ones removed.

However, I agree with the MSPB there is no property interest in acess to classified information.

Most clearances are lost due to debt

Computer Programmer
US Air Force
Tue Sep 4, 2007 1:58 PM

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I have handled over 100 cases at one base alone and 95% are because of a poor credit report. AFCAF sends down the letter and the Base does the half-assed investigation. One woman was removed for $149 in debt accrued by her son-in-law in her name! The 'official' reason was non-response to AFCAF, but she had to go through her management/security officers who refused to forward her answer!

appeals process?

Union Representative
SEIU Local 200
Mon Jun 30, 2008 12:20 PM

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I seek specific information on how to appeal the revocation of a contract Detention officer's site security clearance by ICE/DHS: the agency that handles the appeal, the time-line for filing an appeal, etc.

Total Comments: 10
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