2023 Investigative Summary 9

INVESTIGATION OF ALLEGED LACK OF CANDOR

OPR received allegations that a senior Department official had, on multiple occasions, signed documents on behalf of subordinates in her office without their knowledge or consent and then filed the signed documents with the court. 

Based on the results of its investigation, OPR concluded that in the specific circumstances presented, the senior Department official did not violate a clear and unambiguous standard by signing pleadings “for” or in the name of her subordinates without their consent because she did not make an intentional, reckless, or knowing misrepresentation.  The official had authority to sign the documents, and on two of the documents, her own name appeared on the signature lines, indicating her role in signing the documents.  Moreover, OPR found that the senior Department official did not intend to misrepresent the facts, but instead was trying to expedite matters and assist her subordinates by signing and submitting documents for them.  However, OPR concluded that the senior Department official exercised poor judgment by signing documents that contained certification clauses attesting to the truth of the contents of the documents in the name of a subordinate who had no knowledge of the documents or of the truth of their contents.