POLICY AND
PROCEDURES
MEMORANDUM
1203.00
DISC
Bureau of
Administrative
Services
Effective Date
11/16/2006
Review Date
11/2006
1.0 SUBJECT: Security Clearance Level 1
2.0 DISTRIBUTION: All State Agencies
3.0 FROM: Denise A. Moore, Director of DISC
4.0 PURPOSE: As a steward of state data, mission critical applications and mission critical hardware, it is imperative that DISC provide a secure environment for these state assets. It would follow, then, that those individuals who work with these state resources be of good character and not add a risk to the operation of these mission critical resources.
5.0 BACKGROUND: All positions that require a level 1 security clearance are deemed to be positions of special public trust, responsibility, safety or security sensitive. As a condition of employment, and continued employment, all individuals who have unescorted physical access to the data center, telecommunications facilities and other security sensitive areas require a level 1 security clearance. DISC shall review all applications and positions that require a level 1 security clearance.
6.0 PROCEDURE:
6.1 A person will be denied a level 1 security clearance, disqualified or dismissed for employment in such position by any reason of the following:
6.1.1 A conviction of any of the following:
• Any felony.
• Any class A, B or other serious misdemeanor reasonably related to the nature of the position or a level 1 security clearance.
• Any crime of dishonesty, fraud, breach of trust, domestic violence or where the victim was a minor, elderly or disabled person.
6.1.2 Being a fugitive from justice.
6.1.3 The entering of a plea of nolo contendere or, when a court or jury verdict of guilty is rendered but not sentenced, with respect to a crime which is reasonably related to the nature of the position sought or held by the individual.
6.1.4 Failure to meet any of the following conditions:
• Voluntarily sign an Application for Level 1 Security Clearance.
• Consistently demonstrate fiscal responsibility. Lack of fiscal responsibility includes but not limited to consistently paying bills late, maintaining an abnormally high debt/income ratio of 2:1 or greater, writing insufficient fund checks, gambling or evidence of non-conviction forgery type activity. Failure to have current both Federal and State Income tax returns filed and paid.
6.1.5 Failure to abstain from the use of illegal non-prescription drugs or gambling.
6.1.6 Failure to demonstrate moderation in the use of alcoholic beverages and prescription drugs. Lack of moderation includes but not limited to current and past actions.
6.1.7 Failure to abstain from use of violent behavior against persons.
6.1.8 Failure to cooperate in such investigation or to submit fingerprints pursuant to Kan.Stat.Ann. §75-3707e.
6.1.9 Failure to have the knowledge and an understanding of circumstances which tend to breach the security of a computerized system or telecommunications network. Lack of understanding includes but not limited to the answers given on the Application for Level 1 Security Clearance for education, experience, current and past actions and employment references.
6.1.10 Failure to have an understanding of the potential for compromising system security and/or violation of statute or regulation related to irresponsible, illegal or abusive acts. Applicant’s interview, Application for a Level 1 Security Clearance experience, current and past actions and employment references along with any other available information may be utilized to evaluate this section.
6.1.11 Failure to have an understanding of individual privacy rights of others under the law or a failure to have a track record of protecting and demonstrating respect for individual privacy rights of others. Applicant’s interview, Application for a Level 1 Security Clearance, experience, current and past actions and employment references along with any other available information may be utilized to evaluate this section.
6.1.12 Any material omission or falsification on employee application, personal history statement, or Application for a Level 1 Security Clearance.
6.2 Applicants or employees may be granted exemptions from disqualification or dismissal by the Security Clearance Review Committee. Anyone who has been disqualified or dismissed for any reason listed above may request a review from the Security Clearance Review Committee within 15 days of the date listed on the notice of disqualification or dismissal. Exemptions to the above Policy may include the following:
6.2.1 Felonies and misdemeanors committed more than 10 years prior to the date of application.
6.2.2 Offenses that were felonies when committed but are now misdemeanors that are not reasonably related to the nature of the position or a level 1 security clearance.
6.2.3 Persons who have successfully completed rehabilitation therapy for either alcohol or drug dependency, or gambling addiction and demonstrate a continuing lack of dependence or addiction may be deemed acceptable only after a professional determination that such prior dependency has been cured and is unlikely to constitute a security risk.
6.2.4 Any other situation where the Committee determines the applicant or employee does not constitute a security risk.
6.3 The Security Review Committee shall be comprised of the Director of DISC, the Director of DSP and Department of Administration legal counsel.
6.4 Anyone with a level 1 security clearance will be reviewed annually, based on the above criteria. Anyone with a level 1 security clearance who has criminal charges filed against them pending in any jurisdiction may be suspended pending the outcome of the action and their level 1 security clearance may ultimately be revoked. Failure of a current employee to timely disclose (must be disclosed no later than the annual review) any item identified in Section A above will result in the employee’s immediate termination.
6.5 This level 1 standard shall be incorporated by reference in position descriptions of affected employees.
7.0 HISTORY: This is a new PPM.
8.0 CONTACT PERSON: Deputy Director
Bureau of Administrative Services
785-296-3343