Requests for Ref/Gov't Clearance

Caroliso

I've jusst received a request for information on a former employee with respect to government clearance from the US government. I received one as HR Director, and the employee's supervisor received one. Are we legally required to respond to these? Is everyone who receives one required to respond as well?

Thanks for any help.

Carol

System

It depends on the form. If it's required, there will be a paragraph on the form that quotes the section of the code that mandates it. Make sure it's an official US Government form. Some agencies 'hitch hike' using the term 'United States . . . . ' to make themselves look official. It may even include a number you can call.

Caroliso

Good point, Moll.

It's from theU.S. Office of Personnel Management and it's Form OMB # 3206-1665. It says "you are not required to respond, unless this number is displayed." Which it is, but nowhere is there a paragraph that describes what regulations require response or what the penalty is for not responding. There is a reference to 5 CRF 736 in the heading.

deniseE

I'm guessing the ee is no longer with you, otherwise you could just ask if there is a pending job application or something.

There should be a telephone number...the other option may be to plug that form number into your web browser and see what comes back...

Whirlwind

Several times over the years I've gotten something similar. I filled out the objective, factual items (position, dates of employment); then, when I got to the evaluative/subjective items, there was a statement along the lines of "You may request a copy of the individual's signed release for you to provide this information." Each time, I sent the form back with a request to see the signed release before I completed the evaluative items, and never have I received the release or any other follow-up.

Caroliso

Each time, I sent the form back
>with a request to see the signed release before
>I completed the evaluative items, and never have
>I received the release or any other follow-up.

Interesting point, Whirlwind. I'll remember that next time. As others suggested, I filled out according to our company policy, but did not make the supervisor fill one out also.

pork1

CAROLISO: Interesting question; I did a google on 5 cfr 536 (now that I am on the reply page, I am not sure of the numbers) I got a page that reads to me, as an official US Government document pertaining to someone in which a personnel investigation is underway. Probably, the beginnings of a background investigation for a security clearance. I would complete the form make a copy and mail it back to the identified office requesting the information.

Sorry, I have been on the other side before, but have never experienced the request for background information on the x-employer side. How was the form transmitted to your office for action? That might also help you to verify if it is a ligit requestor.

PORK

Caroliso

Pork, yes, that's exactly what it was, the beginning of a background check for security clearance. it came by regular mail, and an identical form was mailed to the supervisor. There was a return envelope to the Office of Personnel or whatever I said above.

Don D

I've seen tons of these from OPM. You are not required to respond. And if you do decide to, you should follow your standard company policy on responding to questions. This also applies to visits to your office from the FBI (contracted out). These visits usually display a stong-arm mentality of flashing badges and showing government forms on clipboards. Treat those the same way. You are under no obligation to do anything other than your standard policy dictates unless by order of subpoena.

On a related note, all of the Department of Labor and State Department of Employment Security questionnaires and data requests you receive are not necessarily mandatory. Very few are. These can be a pain to complete and you must weigh the cost/benefit analysis. Be sure you read the introductory remarks on the request before you sit back to spend an hour with a form.

Caroliso

Very helpful to hear, thanks Don. I wouldn't have even thought about visits from the FBI.. yikes!

Your comments remind me of an earlier comment that anything that is mandatory under penalty of something or other clearly says so on the document and cites the regulation that lays that out. These do not.

HRinGA

Talk about timing. I just received a report from the SC Employment Security Commission. It states in big, bold letters that "This report is mandatory under SC Code of Laws 41-29-120 for firms employing more than 20 workers."
The only good side is that our office in SC is relatively small.

Don D

If the data are related to your Unemployment Insurance account, quarterly wage reports or an audit, I would accept that it is mandatory. If it is a request for numbers employed by occupation by wage range and benefits, I would question it being mandatory. Although some may wish to participate in these voluntary labor market information surveys, I have found the utility of the (late) data very unreliable over the years. Typically by the time the data gets published it is roughly 1.5 years out of date. I worked in this system for a number of years, by the way.

rad

We have employees who work in the Pentagon and require a security clearance from the DOD. There is a clear process in place when it is renewed- it is done through our legal dept. One DOD guy called me and flat out asked me to circumvent that process. (He faxed me the waiver from the employee, they spoke to her coffee server in the local coffee shop - it was crazy.) This is a little different because these are our current employees but I was flabbergasted that he'd ask me to break process. I had no problem saying no and reminding him that as an employee of the DOD he surely understood how important it is to follow the rules.