Former FBI and Justice Department officials I spoke to stressed the professionalism of the officials in charge of the Office of the Inspector General and the Office of Professional Responsibility, whose recommendations Sessions said he was following when he fired McCabe. Candor cases can drag on for months, they said, in part because they can turn on a difference in perception—whether an employee understood the question, or answered to the best of their knowledge, or simply failed to recall something—and often when someone is close to retirement, that person will simply be allowed to retire.
The key element of candor cases is that the standard is higher for FBI employees than for the typical government official. As John Q. You claimed that you could not have been the one to stop the individual because you were not working that night and had been relieved of your badge and credentials on 25 February However, your time card shows you having worked that shift and the other documents shows that you were making entries during that shift.
You were not candid and truthful with me [sic] during that interview. A lack of candor charge need not involve an affirmative misrepresentation. However, because the agency in this case based its charge on an alleged affirmative misrepresentation, i. In sustaining the charge, the administrative judge credited the statements that the employee told them he had been relieved of his badge on February 25, However, because the administrative judge did not in that instance base her credibility determination on observations of witness demeanor, the reviewing court decided it would reweigh the evidence.
You can also ask if you may record the statement yourself or if you may have a copy of the transcript of your recorded statement. In summation, when giving a statement to your federal agency, all employees should tell the truth and ask to be advised of any discrepancies the agency has or might develop prior to any action against them in order to afford them the opportunity to provide reasons for the discrepancies prior to any action against them in order to avoid the charge of a lack of candor.
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These links are provided as aids and as a public information service only. When federal agency officials contemplate disciplinary action against a federal employee , they have many arrows in their quiver.
For example, the officials may contend that the targeted employee is guilty of falsification. Indeed, is the standard too subjective? Department of Justice , F. The agent was investigated due to having unauthorized passengers in an official agency vehicle. He initially admitted to using the vehicle to pick up his daughter on three previous occasions from daycare. About a month later, the agent admitted to transporting his daughter in the vehicle about 12 to 14 times.
The agency terminated the agent because of his failure to be candid during the administrative inquiry which brought into question his effectiveness as an agent. The Court explained that falsification and lack of candor are distinct charges. Generally speaking, falsification involves an affirmative misrepresentation and requires intent to deceive.
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