SFRC Clears 11 Ambassador Nominees and 1 Foreign Service List (181 Names)

Posted: 1:54 am EDT

 

On July 29th, the Senate Foreign Relations Committee (SFRC) cleared 11 ambassador nominees for  the State Department,  and two nominees for USAID, including Gayle Smith, nominated as Rajiv Shah’s successor as USAID administrator.  It also cleared 1 Foreign Service list with 181 names.

Sheila Gwaltney, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kyrgyz Republic.

Perry L. Holloway, of South Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Co-operative Republic of Guyana.

Kathleen Ann Doherty, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cyprus.

Hans G. Klemm, of Michigan, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

James Desmond Melville, Jr., of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Estonia.

Peter F. Mulrean, of Massachusetts, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Haiti.

Laura Farnsworth Dogu, of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Nicaragua.

Samuel D. Heins, of Minnesota, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway.

Paul Wayne Jones, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Poland.

Michele Thoren Bond, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Consular Affairs), vice Janice L. Jacobs, resigned.

UNITED NATIONS

Sarah Elizabeth Mendelson, of the District of Columbia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador.

Sarah Elizabeth Mendelson, of the District of Columbia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America on the Economic and Social Council of the United Nations.

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Gayle Smith, of Ohio, to be Administrator of the United States Agency for International Development, vice Rajiv J. Shah, resigned.

Thomas O. Melia, of Maryland, to be an Assistant Administrator of the United States Agency for International Development, vice Paige Eve Alexander, resigned.

PN573 – 1 FOREIGN SERVICE nominations (181) beginning Maura Barry Boyle, and ending Anthony Wolak, which nominations were received by the Senate and appeared in the Congressional Record of June 10, 2015.

The above ambassador nominees will join nine (9) other nominees previously cleared by the SFRC who are currently waiting for a vote in the full Senate. If these ambassador nominees are not confirmed before the Senate takes its August recess next week, they will be stuck in D.C. until after the Senate returns in early September.

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Daniel Rosen, State Dept Official Pleads Guilty to Stalking and Voyeurism Charges

Posted: 1:31 am EDT

 

In February 2015, we wrote about the arrest of a State/CT employee for alleged solicitation of a minor (see  State Dept’s Counterterrorism Official Arrested For Allegedly Soliciting Minor Online.

On March 16, WaPo reported that the same employee was arrested in the District and charged with taking videos of women through the windows of their homes.  According to the same report, Daniel Rosen’s security clearance had been revoked.  Before it was taken down, he indicated on his LinkedIn profile that he was the Director of Counterterrorism Plans, Programs and Policy at the State Department for over six years. As of February 25, the State Department telephone directly lists the Bureau of Counterterrorism’s Director for the Office of Programs and Policy located at 2509 as “vacant.”

On July 29, WUSA has the following update:

Daniel Rosen, 45, pleaded guilty to 11 charges of stalking and voyeurism on Wednesday in the Superior Court of the District of Columbia for incidents that happened between 2012 and 2014. According to law enforcement, he used his cell phone to record women in various stages of undress by aiming his cellular phone through their apartment windows in the areas of Mount Pleasant, the U Street Corridor, and Adams Morgan in Northwest D.C.
[…]
His attorney Bernard Grimm says Rosen is undergoing therapy and showed police the locations after they discovered the videos.

“Beyond shame, talk about a fall from grace here’s a guy who used to work at the State Department has a master’s degree and his life just spiraled out of control,” he said.

Rosen faces up to 11 years or a $11,000 fine when he is sentenced on October 9. Each of the counts of voyeurism and stalking carries a maximum penalty of one year and potential fines. He will be released and under home confinement, which will be very restricted, until his sentencing date.

WaPo citing an assistant U.S. attorney reports that Rosen’s filming stretched over a nearly three-year period, from early 2012 to late 2014, and that “he returned to some women’s homes as many as five times to film videos that, in some cases, lasted minutes.”

His case on soliciting a minor,  a separate charge,  continues in September.
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You’ve Seen the Boooooks, Now Get Ready For the Benghazi Movies!

Posted: 3:24  am EDT

 

We’ve stopped counting the number of Benghazi reports coming out of Congress a long time ago just as we’ve stopped counting the number of Benghazi books populating Amazon, B&N, Ebay,  and even Walmart. But now comes the movies. We’re starting the counting game again.  Maybe we’ll hire junior to do the reviews.

In September 2013, Deadline reported that Thunder Road had acquired The Embassy House to use as the basis for a feature movie. Oh, wait, that’s the book that was withdrawn by the publisher following the CBS News-Lara Logan blowup. But who knows? Maybe there will still be a movie called Not the Embassy House, because Benghazi, after all, was not an embassy. We have no intention of reading the book, but a retired FSO who wrote about it here has something shareable:

In an explanatory note, the author wrote that he used the terms “Embassy,” “Consulate” and “Diplomatic Mission” – replete with capital letters – interchangeably throughout. Moreover, wrote the author, “My understanding is that when the ambassador visits, it becomes the embassy.” Say what?

Noooooo ….

Did you just scream inside your head?  Yeah, me, too.  Anyway, the Hollywood Reporter said that HBO has optioned the book, Under Fire: The Untold Story of the Attack in Benghazi, with Jerry Weintraub on board to executive produce.  Under Fire is authored by former DSS Agent and Stratfor VP Fred Burton, and Samuel M. Katz.

In February 2015, Variety reported that Relativity Media has teamed with producer Dana Brunetti (produced Fifty Shades, Moneyball, Captain Phillips) for an untitled movie about two Americans who were killed during the 2012 terrorist attacks on the U.S. Special Mission Compound in Benghazi.  According to the report, the studio “bought the life rights of CIA contractors Tyrone Woods and Glen Doherty, the fomer U.S. Navy SEALs who rescued 30 Americans in the attacks at the CIA Annex in Benghazi.”

This past March, Deadline reported that Alcon Entertainment has acquired rights to the spec script Zero Footprint which tells the story of the 18-month “off book” operation that ended with the fatal 2012 attack on the U.S. Mission in Benghazi. “The Alcon project is told through the eyes of the ex-Special Forces operator who undertook the mission — a real military hero — who must remain nameless for security reasons.”

So maybe 3-4 movies currently in the works.  Maybe more?  The first one that’ll hit the screen, “13 Hours: The Secret Soldiers of Benghazi” is based on Mitchell Zuckoff’s nonfiction book.  Trailer below.  The movie by Michael Bay, known for directing big-budget action films like  Armageddon, Pearl Harbor, Transformers was filmed in Malta and Morocco and is set to hit theaters in January 2016. 

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Related post

Near, far, wherever you are, Benghazi will go on and on … oh, but do you want to buy a Benghazi thong?

State Dept Appoints Senior Diplomat Michael Ratney as New U.S. Special Envoy for Syria

Posted: 12:58  am EDT

 

On July 27, Secretary Kerry announced the appointment of career diplomat Michael Ratney as the new U.S. Special Envoy for Syria.

I am pleased to announce the appointment of Michael Ratney as the new U.S. Special Envoy for Syria. I have come to know Michael well in his most recent role as U.S. Consul General in Jerusalem, and am impressed by his keen intellect, deep knowledge of the region, and policy judgment.

Michael is a Senior Foreign Service officer who is fluent in Arabic and whose distinguished career has spanned Iraq, Lebanon, Morocco, Qatar, and beyond. I am confident he will continue the important work led by his predecessor, Daniel Rubinstein, to shape our response to the complex and devastating conflict in Syria.

Michael’s leadership and counsel will be critical as we confront the significant challenges posed by more than four years of suffering, bloodshed, and destruction in Syria. We remain committed to reaching a negotiated political transition away from Bashar al-Assad, working to counter the shared threat of terrorism, supporting the moderate opposition, and addressing the humanitarian disaster and its impact on Syria’s neighbors.

Special Envoy Ratney will soon travel to the region to begin consultations with Syrians and other stakeholders seeking an end to the violence and a future of freedom and dignity for all Syrian people.

Mr. Ratney was the Consul General in Jerusalem from July 2012 until this appointment. Below is a quick bio:

Prior to assuming his duties in Jerusalem, Mr. Ratney was Deputy Assistant Secretary for International Media, leading efforts in the Bureau of Public Affairs focused on foreign communications and media engagement. From 2010 to 2011, he established and served as the first Director of the Office of International Media Engagement, where he managed State Department initiatives to ensure accurate and positive coverage of U.S. policy by foreign media. In this capacity, Mr. Ratney oversaw the State Department’s six Media Hubs in London, Brussels, Dubai, Johannesburg, Tokyo, and Miami.

From 2009 to 2010, Mr. Ratney served as Spokesman for the State Department’s Bureau of Near Eastern Affairs.

Prior to returning to Washington in 2009, Mr. Ratney served from 2006 to 2009 as Deputy Chief of Mission at the American Embassy in Doha, Qatar. Mr. Ratney was the Deputy Economic Counselor at the American Embassy in Mexico City from 2003 to 2006. In 2004, he served in Iraq, first as a Political Advisor for the Coalition Provisional Authority in Baghdad, and then as the first Regional Coordinator at the Regional Embassy Office in Basrah.

Mr. Ratney has a B.S. in Mass Communication from Boston University and an M.A. in International Affairs from the George Washington University. His languages are Arabic, French, and Spanish.

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State Dept to Release 5,000 Pages to Benghazi Panel, No Hearing With Kerry Top Aide For Now

Posted: 12:40  am EDT

 

On July 22, The Hill reported that the Gowdy committee investigating the 2012 Benghazi attacks announced it has called on one of Secretary of State John Kerry’s top aides to appear this week. The panel apparently wanted Jon Finer, Kerry’s chief of staff, to appear on July 29th to discuss the State Department’s compliance with the panel’s investigation.

Late on July 27, The Hill reported that the State Department has agreed to release 5,000 pages of documents to the House Select Committee on Benghazi tomorrow, July 28. This document release temporarily cancels Mr. Finer’s appearance before the panel but chairman Trey Gowdy (R-S.C.) has not ruled out any future appearance.

The new document dump comes after a standoff between the State Department and the House panel, which had previously ordered a top aide to Secretary of State John Kerry to testify on Wednesday.

After the department committed to releasing the 5,000 new pages to the committee, the hearing with that aide — Kerry’s chief of staff, Jon Finer — will be postponed until after Kerry has completed a marathon string of briefings and hearings to sell the international nuclear deal with Iran.
[…]
“If the State Department does not fulfill this production, or if production continues to be anemic and underwhelming, we will move forward with scheduling a compliance hearing before the committee,” he added.

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What if Congress grants the State Dept the Suspension Without Pay (SWOP) hammer?

Posted: 1:44  pm EDT

 

According to the Foreign Affairs Manual, the Act of August 26, 1950 (64 Stat. 476), codified at 5 U.S.C. 7532, “confers upon the Secretary of State the authority, in the Secretary’s absolute discretion, to suspend without pay any civilian officer or employee of the Department (including the Foreign Service of the United States) when deemed necessary in the interest of the national security (see 12 FAM 235.2).”

So when the Senate Foreign Relations Committee passed the Fiscal Year 2016 Department of State Operations Authorization and Embassy Security Act which contains a similar language on security clearance suspension without work and no pay for Foreign Service employees, we were wondering what’s up with that (see S.1635: DOS Operations Authorization and Embassy Security Act, Fiscal Year 2016 – Security Clearance).

Section 610 (2)(c)(1) of S.1635 says that in order to promote the efficiency of the Service, the Secretary may suspend a member of the Service without pay when—

(A) the member’s security clearance is suspended; or

(B) there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.

The new language indicates suspension without pay (SWOP) whenever the security clearance is suspended for whatever reason. Not just for national security reasons anymore, folks.

The most widely reported FSO with a suspended clearance in recent memory is Peter Van Buren whose TS clearance was suspended for about a year. Under this proposed bill, PVB would not have been assigned to a telework position or paid for the duration of his fight with the State Department. Which means he and others like him would have to quit and find a paying job or starve unless he/she has a savings account that can sustain the investigation for a year or years.

Any FS employee who might dissent or engage in whistleblowing activity, any perceived troublemaker for that matter, can be put on SWOP, and that would be it.  An FSO who experienced first hand the suspension of a security clearance put this in very stark terms:

In practical terms they can remove the employee instantly, without telling anyone why until much later, by which time the employee will have resigned unless they can afford to go for months or years without a salary. And once the employee has resigned, the case is closed, the former employee loses their clearance because they resigned, and with it any right to know the reasons for the suspension. If the employee quits, the Department does not have to justify itself to anyone, and if the Department doesn’t have to pay them, 99.9 percent will quit.

We want to look at the numbers of suspension and revocation, unfortunately, this is something that is not publicly available from Diplomatic Security.  A source speaking on background put the numbers very low at less than 30 suspensions a year and of those probably less than 5 are revocations. Another source long familiar with this issue guesstimate the number as closer to 70-80 suspension per year, and the number of revocations probably at15-20 per year. We are unable to verify these numbers independently.  The higher numbers may be due to greater hiring, as well as to the use of “Scattered Castles,” a computer database that lists all prior security clearance determinations by other agencies which may prompt a suspension and re-investigation of the clearance.  But even if we take the higher numbers of 80 suspensions, that is still a small number compared to the total FS workforce.

A source not authorized to speak on this subject told us that the bulk of security clearance suspensions and revocations involve personal behavior issues ranging from alleged sexual misconduct to alcohol abuse, to failure to report on time a relationship that should be reported. Very few security clearance cases involve a matter that is criminal, so very few result in prosecution.

The question then becomes why? Why would Congress want this? And just as important, why does the State Department support this?

The long history of this section of the bill reportedly dates back to Condoleezza Rice’s term at the State Department. It was allegedly intended to create parity between Foreign Service (FS) and Civil Service (CS) employees.

State can indeed put CS employees on SWOP as soon as clearance is suspended, but the rules also gives CS employees appeal rights to the Merit Systems Protection Board (MSPB). We understand that MSPB records and procedures are public and that it is specifically granted authority to review security clearance cases. The FS employees do not have the same protection with the Foreign Service Grievance Board. The final review adjudicative body, the Security Appeals Panel, not part of FSGB, allegedly does not even keep records of its deliberative process or set precedent for future cases. Currently, the rules on the FAM says: “If the individual is represented by counsel or other representative, the representative does not have a right to have access to or to review any material. However, to the extent authorized by the individual and the Department, the representative may review material that the individual has access to pursuant to subsection (b) above if he or she is properly cleared.”

The numbers of suspension/revocation are low but Congress doesn’t have to talk about the numbers. The members can talk about getting rid of bad apples in the government, which is always popular. In doing so, Congress can look tough on security, tough on the State Department and tough on keeping tabs on government money.

This is not a good idea. If only a quarter of all suspensions end in revocation, isn’t the USG throwing money and lives away? In addition to our concern that this could be use by the State Department to shut-up dissenters or potential whistleblowers, we also have the following concerns:

  • Costs in hiring/training

The USG has a lengthy hiring process for FS employees and typically trains them before sending them to posts overseas. The cost of that investment does not come cheap. Members of the FS also go through language training and spends most of their careers in overseas assignments.The length of time to replace/train/deploy an FS employee is significantly longer than the time to replace a CS employee.

  • FS family logistics

FS members overseas with suspended clearance are normally sent home to a desk job that does not require a clearance or their expertise. Not all FS members have houses to come home to in the WashDC area. They’ll have to pull kids out of schools, and move their entire household. What happens to them in DC if the employee is without work and without pay under this proposal? A suspension in this case would technically be a firing as the FS employee will be forced to find an alternate job that pays. So what happens when the case is resolved without a revocation, will the employee be able to come back? Since the investigation ends when the employee leaves, there is no win here for the employee.

  • Prime targets of hostile intel service

FS employees spends most of their career overseas. By virtue of their positions, they are prime targets of any hostile intel service. They can be subject of a security investigation though no fault of their own.  This is even more concerning with the OPM hack purportedly conducted by a foreign government.  If true that a foreign government now has the personal details of over 20 million security clearance holders, including those in the State Department who used OPM’s e-Qip system, how does one even protect oneself from the potential misuse of that information that can lead to a clearance suspension?

What can you do?

As we have posted earlier, the State Authorization bill was offered as an amendment when the NDAA was debated in the Senate in June but it was not voted on when the NDAA passed on June 18 (That would be H.R. 1735 which passed 215 (71-25)  We understand that both chambers are now starting the process to bring the bill to conference in order to resolve differences.  The State Authorization bill, we are told, will not be part of those discussions.  In order for this to move forward, it will either need to be brought to the floor as a stand alone vote or Corker/Cardin could try again to attach it to another piece of legislation. Given that this is the first authorization bill passed by the SFRC in 5 years, and made it through the committee with bi-partisan support, we suspect that this might not be the end of this bill.

We’re hoping that employees’ fundamental rights and due process do not become casualties particularly in gaining concessions from Congress on the overseas comparability pay (CP) fight. That would be a terrible bargain.  Educate your elected representative on the consequences of this section of the bill. See that AFSA is tracking this matter and talking to Congress.

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Photo of the Day: President Obama Visits the US Embassy Bombing Memorial in Nairobi

Posted: 10:38 am EDT

 

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Notoriously Disgraceful Conduct: Is it only the little people who are taken to task?

Posted: 12:48 am EDT
Updated: 3:07 pm EDT

 

In March 2012, AFSA’s General Counsel Sharon Papp reported about a State Department proposal related to the “state of affairs” in the Foreign Service ….no, the other kind of affairs:

In 2011, the State Department proposed disciplinary action against a handful of employees for off-duty conduct that it had not sought to regulate in the past (i.e., extramarital affairs between consenting adults). 

When we reviewed several sex-related grievance cases in 2012, we came to the conclusion that from the agency’s view, widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service. Further, the potential for embarrassment and damaged to U.S. interests seems as weighty as actual embarrassment and damage. See: Sex, Lies, and No Videotapes, Just Cases for the Grievance Board

We recently received the following in our mailbox (edited to remove the most identifying details):

The married DCM at the embassy of a major Middle East ally slept with a married ELO whose husband worked for him. He blamed his alcoholism. As “punishment,” he was assigned as DCM at a significant high risk/high threat post. Next up? One of the top jobs at an embassy located in a Western European country.  Where’s the accountability at State? Is it only the little people that are taken to task? 

Well, that is an excellent question given another allegation we’ve received about another front office occupant involved in domestic violence overseas (another story we hope to write another day).

Extra-marital affairs, of course, are not mentioned anywhere in the Foreign Affairs Manual but below is what the regs say on sexual activity (pdf) and what constitutes, “notoriously disgraceful conduct.” Both sections were last updated in 2012, and applies to Foreign Service employees at State and USAID:

3 FAM 4139.1 Sexual Activity
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

The agencies recognize that, in our society, there are considerable differences of opinion in matters of sexual conduct, and that there are some matters which are of no concern to the U.S. Government. However, serious suitability concerns are raised by sexual activity by an individual which reasonably may be expected to hamper the effective fulfillment by the agencies of any of their duties and responsibilities, or which may impair the individual’s position performance by reason of, for example, the possibility of blackmail, coercion, or improper influence. The standards of conduct enumerated in 3 FAM 4138 are of particular relevance in determining whether the conduct in question threatens the mission of the employing agency or the individual’s effectiveness.

3 FAM 4139.14 Notoriously Disgraceful Conduct
(CT:PER-673; 04-27-2012) (Uniform State/USAID) (Applies to Foreign Service Employees) 

Notoriously disgraceful conduct is that conduct which, were it to become widely known, would embarrass, discredit, or subject to opprobrium the perpetrator, the Foreign Service, and the United States. Examples of such conduct include but are not limited to the frequenting of prostitutes, engaging in public or promiscuous sexual relations, spousal abuse, neglect or abuse of children, manufacturing or distributing pornography, entering into debts the employee could not pay, or making use of one’s position or immunity to profit or to provide favor to another (see also 5 CFR 2635) or to create the impression of gaining or giving improper favor. Disqualification of a candidate or discipline of an employee, including separation for cause, is warranted when the potential for opprobrium or contempt should the conduct become public knowledge could be reasonably expected to affect adversely the person’s ability to perform his or her own job or the agency’s ability to carry out its responsibilities. Evaluators must be careful to avoid letting personal disapproval of such conduct influence their decisions.

One might argue that an extra-marital affair between two consenting adults is a private matter.  And in most cases, it is; who wants to be the sex police?  But. If the allegations are true, can you really consider it private, particularly in a case that involves the second highest ranking public official at an embassy and an entry level officer (ELO) assigned under his command? Even if the DCM is not the ELO’s rating or reviewing officer —  how does this not affect the proper functioning of the mission? Can anyone exclude undue influence, potential favoritism or preferential treatment?  Which section chief would give a bad performance review to a junior officer who slept with the section chief’s own reviewing officer? Even if not widely known outside the Foreign Service, can anyone make a case that this is not disgraceful or notorious?  For real life consequences when a junior officer has a “special relationship” and “unrestricted access” to an embassy’s front office occupant, read the walking calamity illustrated in this case FSGBNo.2004-061 (pdf).

Look … if widespread notoriety is not required to demonstrate an adverse effect on the efficiency of the Service for the lower ranks, why should it be a requirement for the upper ranks?  It’s not? Well, how else can we explain a good number of senior officials who allegedly looked the other way?


Can’t you see I’m busy? Besides I did not/did not see anything!

 

We went and looked up the Foreign Service Grievance Board cases related extra-marital affairs or related to notoriously disgraceful conduct. Here are some quick summaries.

  • In 2011, the State Department handed down a 30-day suspension to a junior officer for “off-color and offensive emails about women he dated, which were widely disseminated” after his private email account was hacked.  State said this constituted “notoriously disgraceful conduct.” (pdf)
  • Another case in 2011 involves an FSO who was told by the State Department: “Given the nature of Foreign Service life, you are aware that you are on duty 24/7. These multiple extramarital affairs involving sexual relations with an estimated 13 women during two separate assignments overseas without your spouse’s knowledge show poor judgment for a Foreign Service Officer.” (pdf) (note: two separate assignments could mean 4-6 years; untenured tours at 2 years, tenured tours typically at 3 years).
  • A Diplomatic Security (DS) Special Agent was suspended for three days for Notoriously Disgraceful Conduct arising from a domestic violence incident with his spouse. (pdf)
  • A married FP-04 Information Management Specialist (IMS), received a 20-day suspension, subsequently reduced to 10 days, for improper personal conduct and failure to follow regulations. The employee served at a critical threat post, and admitted having an extramarital relationship with a local embassy employee as well as engaging in sexual relations with two “massage techs.” (pdf)
  • An untenured FP-04 Diplomatic Security (DS) agent was disciplined for poor judgment and improper personal conduct. The employee brought a  woman to his hotel room and engaged in sex with her. Although the employee voluntarily disclosed the incident and asserted that the woman was not a prostitute, the Department contends that the incident at a minimum gave the appearance of engaging in prostitution and as such violated 3 FAM 4139.14 or Notoriously Disgraceful Conduct. (pdf)
  • A married FS-02 Information Management Officer (IMO) with seventeen years in the Department, with numerous awards and no disciplinary record, was found in his personal vehicle that was parked in an isolated area, and in a dazed condition with injuries suggesting he had been assaulted. He stated that during the prior night he had picked up a woman unknown to him, shared wine with her while driving, pulled over to the side of the road and then had no recollection of what followed, presumably because she had introduced a substance into his drink. During the ensuing investigation, the employee revealed he had picked up four or five women on previous occasions over a four-month period and had sex with them without the knowledge of his wife.  As a result, the Department proposed a ten-day suspension based on the charges of Poor Judgment and Notoriously Disgraceful Conduct. (pdf)
  • An FP-04 Diplomatic Security (DS) agent was given a five-day suspension without pay on the charge of Improper Personal Conduct. The charge is based on an incident in a criterion country in which employee (an unmarried person) engaged in consensual sex with a local woman and gave her $60.00 after the sexual activity had concluded. There was no evidence that the woman was a prostitute and there were no witnesses to their encounter. The employee self-reported the incident immediately to his supervisors, who took no disciplinary action. Eighteen months later, the Department opened an investigation and eventually suspended the employee. The deciding official concluded that employee’s conduct had violated two regulations governing behavior subject to discipline: 3 FAM 4139.1 (Sexual Activity) and 3 FAM 4139.14 (Notoriously Disgraceful Conduct). (pdf)

So —

We have so far been unable to locate FSGB cases of “notoriously disgraceful conduct” involving senior Foreign Service officials; certainly nothing at the DCM or COM level. It could be that 1) our search function is broken; 2) the folks are so risk-aversed and discreet that there are no cases involving a single one of them, or 3) potential such cases were swept under the rug, nothing makes it to the public records of the Foreign Service Grievance Board.

Which.Is.It? Will accept breadcrumbs …

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US Embassy Pakistan: Local Employee Iqbal Baig Killed in Islamabad

Posted: 2:47 pm EDT

 

A local employee of the U.S. Embassy in Pakistan was reportedly killed by unidentified gunmen in the capital city of Islamabad.  The victim was identified as Iqbal Baig who worked for the US Drug Enforcement Agency (DEA) reportedly for about a dozen years. The AFP citing the victim’s brother reports that the victim had received threats in the recent past.

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State Dept’s Bureau of Counterterrorism Writes to “Correct the Record” on GAO Report That Needs No Correction

Posted: 9:45 am PDT

 

On July 23, we blogged about the GAO report on the State Department’s Bureau of Counterterrorism (GAO-15-684 | pdf – State Should Evaluate Its Countering Violent Extremism Program and Set Time Frames for Addressing Evaluation Recommendations). You may read the blogpost here: Bureau Tasks With Countering Violent Extremism: 96 Authorized Employees, Running on 17-23% Vacancies.

At mid-day on July 23, we received the following email from Rhonda Shore, the Spokesperson for the Bureau of Counterterrorism (published in full):

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The Bureau of Counterterrorism (CT) at the State Department would like to respond to the 7/23 Diplopundit article by Domani Spero about the GAO report on the CT Bureau.  The article was incorrect in its assessment of CT Bureau staffing and we would like to correct the record. (We would also like to suggest that you contact us in the future when writing about our bureau and/or programs so we can assist with the latest information. You can reach us by email at CT_PublicAffairs@state.gov)

Regarding full-time employees (FTEs), as of today (July 23, 2015), the CT Bureau is authorized 83 Civil Service FTEs and 18 Foreign Service FTEs (101 total FTEs). We have 13 civil service vacancies; of those 13, 10 have been selected from various vacancy announcements and all 10 are in the process of obtaining clearances to be officially appointed. Once on board, the CT vacancy rate will be less than four percent. In addition, CT is in the process of having the remaining three civil service positions classified and will advertise to fill those vacancies in the next 30-60 days.

As far as evaluating the Countering Violent Extremism (CVE) program, the CT Bureau has robust procedures in place to ensure the monitoring all of assistance programs, including CVE. While we have conducted evaluations of select CVE projects, State agrees with the recommendation to undertake a more comprehensive evaluation.  We are currently assessing what programs would most benefit from third-party evaluation during the upcoming fiscal year and expect CVE to be included in our final determination. As GAO rightly notes, previous consideration of conducting a comprehensive evaluation of CT Bureau CVE programming had resulted in a determination that the programs had not been underway for a sufficient amount of time. The CVE Program in CT was established in 2010, and CT Bureau received only limited funding for CVE activities the first several fiscal years. At this stage, we now have a number of programs that have been underway for a sufficient amount of time to benefit from an assessment of cross-cutting lessons learned.

It is also important to recognize that CT builds monitoring and evaluation (M&E) into each of our projects systematically; in fact, we require each implementing partner to elaborate an M&E plan for each project and dedicate a percentage of the project budget to implementing its respective M&E plan.  CT has also developed standardized CVE results indicators that it shares with embassies and implementing partners.

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The report we cited and linked to in this blog is a written product publicly released by the Government Accountability Office (GAO) dated July 2015. The report also says in part, the following:

“The Principal Deputy Coordinator for Counterterrorism testified before Congress on June 2, 2015 that the CT Bureau had reduced its FTE vacancies to 11 positions. However, we have been unable to verify that 4 of the reportedly filled positions have been filled because State has not provided sufficient documentation.”

We note that State/CT’s “correction” says it is authorized 101 FTEs (83 Civil Service FTEs and 18 Foreign Service FTEs) whereas the GAO says the  bureau is authorized 96 FTE positions. So we asked Ms. Shore about that. We wanted to know if the additional numbers, happened after the GAO finalized its report this month and the bureau responded, “yes.”

Further we note that even as the bureau is in the process of filling in those vacancies, the GAO illustrates the number of vacancies from FY2011-FY2015 between 17-23%.  The bureau is telling us that our blogpost is “incorrect in its assessment of CT Bureau staffing” so we asked if it is contesting that those GAO staffing numbers are incorrect since we are only passing on the GAO data?

After 4pm, we received a response from the bureau spox saying she’s not sure if her colleagues who can answer our questions are still there and and would get back to us if not on July 23, early the next day.

Early on July 24, the bureau spox sent us the following response:

Those figures are an incomplete representation of the issue.  The GAO did not properly put the staffing increases and the CT Bureau’s process to fill vacancies into the context of receiving an approximately 35 percent increase in FTE, as a result of being established as a Bureau (in 2012).  This unprecedented increase in staff has been rapid and intensive over this period, and among the functions established as a result, was the creation of an Executive Office that processed much of the new hires.  As an illustrative example of the ongoing rate of hiring in CT, during the time GAO was onsite, CT filled 10 vacancies (some of which are currently pending security clearances before being registered in an officially “hired” status).

The fact that the bureau is in the process of filing in the vacant positions cited by the GAO report does not eliminate the fact that some 10 weeks before the end of the fiscal year, those vacancies are just about to be filled.  Well, once the candidates’ security clearances are obtained, those vacancies will be filled.

The bureau is contesting the assessment and proffering an anticipated 4% vacancy rate into the future; quite possibly into the next fiscal year.  This is like counting ships currently under construction; they’re not floating around and moving people and stuff around, but counted still the same as ships.

The bureau has offered an explanation to help us understand its staffing challenges but while we publish its “correction for the record” here, we are not convinced a correction is required. We do think that the GAO is correct in assessing these positions as vacancies. Since these positions are currently not officially filled, they are factually vacant authorized positions.

Perhaps, the GAO might have called these vacancies “unfilled positions?” The bureaucracies battling it out on semantics?  In any case, this appears to be an attempt by the CT bureau to correct the language used by the GAO on its reporting. If the GAO has a response (we don’t think it will), we’ll print that, too.

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