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  1. #1
    Join Date
    Jul 2013
    Posts
    1

    Default Federal Contract Employment and Security Clearance Issues from a Deferred Disposition

    My question involves employment law/regulations/standards for the federal agencies of OPM/Department of Health and Human Services (DHHS) regarding the issues of suitability, OF-306 and criminal history.

    Last year, I had an adverse reaction to the legally prescribed medication AMBEIN (Zolpidem) which caused me to behave out of character and discharged a legally owned firearm into a wall within my home, I went to trial for the Maryland violations of Reckless Endangerment and Discharge of a firearm in a metropolitan area. However, the Discharge a firearm in a metropolitan area was not pursued and recorded as Nolle prosequi. I was assigned/placed on probation before judgment (PBJ) (a/k/a deferred adjudication) until mid Sept 2014 and the only requirements set forth were that I must meet with a probation agent every 60 days and attend PTSD treatment with a VA healthcare provider at least once a month (and receive documentation/letter, which all have been scanned and archived onto a flash drive). Every meeting with the probation agent, I've had so far has been only to present a recent pay stub and the prior mentioned document, all less than 10 mins in total length.

    The medication was discontinued after the incident. Maryland Criminal Procedure, Subtitle 2, Section 6-220 states that, a Probation before Judgment (PBJ)has no plea entered (deferred) and is not a conviction once a defendant meets all conditions set by the court and shall be without judgment of conviction and is not a conviction for the purpose of any disqualification. The incident is connected to military service and is currently being treated by a Dept. of Veterans Affairs healthcare provider and did not have any adverse effect my DoD/industry related (Level 2/Secret) security clearance. I have been extended a tentative offer and completed an OF-306 with an appointment date already projected for this month. My current employer was made aware I am leaving more than 14 days in advance, which I did only after I emailed and sought clarification from my HR contact at the Department of Health and Human Services (DHHS) and asked if it was appropriate to notify my current employer at this point in the hiring process. She concurred and stated “You may inform your employer now” in a email dated late June. My EOD is in mid July and I still have not any other processing paperwork to date on the electronic HR system.

    First, I am extremely worried that OF-306 question #9 has already or will present major issues. The incident was disclosed in short, concise detail on the OF-306 to the specifications stated on the form and I have every narrative, police and court document scanned, archived and available for transmittal, if needed. After, reading some other posts on a federal employee/HR Manager forum I might just worrying about nothing or this particular HR could be over tasked as like many other HR offices. Second, I understand I must first meet DHHS suitability standards, the new position/GS-0303 is a PIV/HSPD-12 credential only from what I can gather and observed from on-site visits. My personal research on DHHS personnel security/suitability policy has only returned very basic guidelines, inconclusive or outdated information.

    My Security Clearance Background:

    I presently hold a Department of Defense, Level 2/National Security, adjudicated in early 2011. I am also a former federal employee (GS-0083) and my break in service is now only at 13 months. After reading Office of Personnel Management (OPM) Memorandum, July 31, 2008, Subject: “Final Credentialing Standards for Issuing Personal Identity Verification Cards under HSPD-12.” It is my understanding that individuals who previously received favorable employment suitability/fitness or national security clearance determination can also be issued a PIV credential without any further investigation or adjudication, regardless of how long ago the last investigation took place, provided they have not had a break-in-service of more than 2 years since their last background investigation. If so, does that indicate or mean DHHS can/may use my prior DoD related SF-86, OPM Adjudication and JPAS data? I am in the dark, as this is my first federal experience outside the DoD/military. I am asking for a No-bull-S**t assessment, I need to know if I am f*ucked?

    Thank you in advance for any help you can provide.

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Dhhs Suitability/Of-306/Hspd-12

    Really, I have never heard of Ambien causing a person to discharge a firearm. In fact it has been deemed so safe many pilots use it. I have never had the desire to cut loose with my Magnum while taking it either. Perhaps if your prior lack of sleep had turned you into a basket case that was the cause. What were the circumstances related to weapon discharge? I would certainly be concerned about your mental state under the circumstance.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Federal Contract Employment and Security Clearance Issues from a Deferred Disposi

    Quote Quoting Kim439
    View Post
    First, I am extremely worried that OF-306 question #9 has already or will present major issues. The incident was disclosed in short, concise detail on the OF-306 to the specifications stated on the form and I have every narrative, police and court document scanned, archived and available for transmittal, if needed.
    The manner in which your HR office responds to the allegation is not something we can meaningfully predict for you. With no convictions arising from the incident, they may be less inclined to take action. The prescription medication and mental health aspects may concern them. As your HR is apparently aware of what happened, I suggest talking to somebody at HR about what, if anything, they plan to do.

    Having a psychotic response to Ambien is unusual, but has occurred.

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