Agency Settles With Customs and Border Protection Officer Removed from his Position and from Federal Service

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A Rio Grande Valley Customs and Border Protection Officer (CBPO) was proposed for removal from his position and from Federal Service for the Charge of Failure to Maintain a Condition of Employment supported by one specification.

The allegation was that the CBPO position was designated a National Security position and carries a sensitivity level of Critical Sensitive. A CBPO is required to successfully complete an initial Single Scope Background Investigation (SSBI) and Single Scope Background Investigation – Periodic Reinvestigation (SSBI-PR) as a condition of employment. It was alleged that CBP’s Personnel Security Division (PSD) completed a SSBI-PR of the CBPO and uncovered derogatory information relating to his failure to file and/or pay Federal Income Tax for 2010, 2011 and 2012, and that he had significant delinquent financial accounts. PSD afforded him an opportunity to explain, refute and/or mitigate the derogatory information before a final decision regarding his SSBI-PR was made, but he failed to respond timely or meaningfully. Ultimately it was determined by PSD that the derogatory information has precluded the CBPO from successfully completing the required SSBI-PR and as a result, failed to meet the requisite conditions of employment necessary to remain an employee of CBP.

The CBPO was represented by a National Treasury Employee Union Steward who handled the disciplinary administrative process by making an Written and Oral Reply to the Charge before the Director of Field Operations, Laredo Field Office. The investigation, findings, proposal and oral and written replies were forwarded to the Deputy Assistant Commissioner, Office of Field Operations as the Deciding Official. The Assistant Commissioner determined that despite mitigating factors offered by the Union Representative on behalf of the CBPO, the charge of Failure to Maintain a Condition of Employment was sustained and that the penalty of removal was warranted.

The CBPO then hired Lawman Legal attorney Roberto M. Garcia based out of Edinburg, Texas to represent him before the Merit Systems Protection Board (MSPB). Attorney Garcia filed a timely appeal of the removal decision to the MSPB.

During the course of the litigation, the CBPO and the Agency reached a settlement which included Agency cancellation of the removal action, purging the CBPO’s Official Personnel Folder (OPF) of the SF-50 and any other references to the removal action, issuing a new SF-50 indicating the CBPO’s resignation, and allowing him to apply for employment with any other federal agency, and further allowing him to re-apply with the Agency after five years.

If you or someone you know in federal law enforcement is facing disciplinary action, call Lawman Legal at 956-223-3550 and/or send an email to roberto@rgarcialaw.com to schedule a free consultation.