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PSH-12-0130 - In the Matter of Personnel Security Hearing

On April 1, 2013, an OHA Hearing Officer issued a decision in which he determined that the DOE should not grant an individual access authorization. As security concerns under 10 CFR Part 710, a Local Security Office (LSO) cited the individual’s 2001 indictment for violation of a federal criminal statute governing conduct of federal employees, and security infractions that she committed in 2010 and 2011, while in her current position, when she brought a cell phone into a Controlled Access Area. The Hearing Officer found that the individual had resolved the concern raised by the 2010 and 2011 security infractions, given her lack of intent, the isolated nature of the events, the fact that she received re-training after the events, and the lack of any similar event since May 2011. However, the Hearing Officer did not find that resolved the concern raised by the conduct leading to her indictment in 2001, despite the fact that she was ultimately found not guilty of the crime charged. The Hearing Officer did not find credible the individual’s claim that she believed she had her supervisor’s approval for employment outside her federal government position, and that even if she had such approval, it would have been based on false assurances given by the individual that she would not use government resources in performing the outside work. The Hearing Officer also noted misleading statements by the individual in memoranda that she sent to an agency ethics counselor regarding the individual’s contacts with a government contractor regarding matters currently before her agency.

Steven Goering - Hearing Officer