Personnel Security Decision  (10 CFR Part 710)

On March 9, 2015, an Administrative Judge issued a decision in which he determined that an individual’s access authorization should not be restored. In reaching this determination, the Administrative Judge found that the individual had resolved a number of security concerns regarding the individual’s past academic dishonesty, his prior history of psychiatric illnesses, and various alleged workplace incidents. However, the individual failed to completely resolve security concerns arising from a November 2013 personnel security interview where he admitted that he has had occasions where he would become angry and think about and visualize shooting incidents that had occurred at Columbine High School and Virginia Tech. While the individual presented evidence as to his lack of history for violence, the Administrative Judge found that this evidence did not completely resolve the concerns raised by his statements in the November 2013 personnel security interview.  Consequently, the Administrative Judge found that the individual’s security clearance should not be restored.  OHA Case No. PSH-14-0091 (Richard Cronin)

On March 13, 2015, an OHA Administrative Judge (AJ) issued a decision in which he concluded that the DOE should not restore an individual’s access authorization.  A DOE Operations Office referred the individual to administrative review, citing as security concerns the individual’s violations of her employer’s policies concerning access to, and unauthorized disclosure of, non-classified, sensitive information. After conducting a hearing, convened at the individual’s request, and evaluating all relevant evidence, the AJ concluded that the frequency and recency of the violations, when considered in conjunction with the nature of the violations themselves, outweighed the mitigating information offered by the individual. Therefore, the AJ found that significant security concerns remained unresolved, and that the DOE should not restore the individual’s security clearance.  OHA Case No. PSH-14-0104 (Robert B. Palmer)

Contractor Employee Protection Program (10 CFR Part 708)

On March 9, 2015, OHA denied an Appeal of the dismissal of a complaint filed by Anthony T. Rivera (Rivera) against Lawrence Livermore National Security (LLNS), management and operating contractor for DOE’s Lawrence Livermore National Laboratory, under the DOE’s Contractor Employee Protection Program (10 CFR Part 708).  In his complaint, Rivera alleges that he was terminated from his position with LLNS because he had made a series of disclosures concerning alleged fraud, abuse of authority, gross waste of funds, health and safety, and gross mismanagement. A number of these allegations centered on LLNS’s failure to follow personnel rules regarding Rivera’s 2012 performance review and his being informed that funding for the area he was working had been cut and that he would have to work in another area.  An OHA Investigator dismissed Rivera’s Part 708 complaint because, even if she assumed that the matters Rivera disclosed were accurate, none rose to a significance that would be covered Part 708.  On review, OHA agreed with the finding that none of Rivera’s disclosures were protected under Part 708. Consequently, OHA denied Rivera’s Appeal. OHA Case No. WBA-14-0006