Ask FELTG: Should an agency remove a hypothetical employee for current misconduct when he’s separately being investigated for a security clearance issue, a matter in which the agency is considering an indefinite suspension? Or should the agency wait until the security clearance issue has been resolved? The misconduct is unrelated to the security clearance.

March 24, 2020

Let’s add a little more context to this hypothetical scenario. The agency requires employees to maintain a security clearance as a mandatory condition of employment. When someone’s security clearance is suspended pending review, the agency usually indefinitely suspends the employee.

Here, while the employee’s security clearance is being reviewed but before the employee is indefinitely suspended, the employee’s supervisor informs the agency that she’d like to remove the employee for conduct that is unrelated to the issue with the security clearance.

The agency wants to know: Do we move forward with the indefinite suspension? Do we remove the employee? Do we attempt to do both?

Here’s what FELTG thinks would be the most efficient approach. Propose removal for the misconduct and put the employee on Notice Leave. Once the decision to remove is issued and becomes effective, the security matter becomes moot. If the decision is not to remove, the agency could suspend the employee and then propose an indefinite suspension for the security clearance revocation. There’s no legal mistake in doing both at the same time, it’s just not efficient.

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