Category Archives: Functional Bureaus

Diplomatic Security Gets Bill A. Miller as New PDAS and New DSS Director

– Domani Spero

On April 14, 2014, Bill A. Miller was appointed Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service.   In the aftermath of Benghazi, Mr. Miller was appointed DAS for High Threat Posts last year (see State Dept Now Has 27 High-Threat, High-Risk Posts — Are You In One of Them?). Below is a statement from State/DS:

Bill A. Miller Screen Capture via SFRC fotage

Bill A. Miller, Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service
Screen Capture via SFRC video

A member of the State Department’s Diplomatic Security Service since 1987, Bill Miller is a career member of the Senior Foreign Service.  Mr. Miller’s previous assignment was Deputy Assistant Secretary of State for High Threat Posts in the Bureau of Diplomatic Security.

His last overseas assignment was a three-year posting as Regional Security Officer at the U.S. Mission in Cairo, Egypt.  For his leadership in guiding the U.S. Government security response to the revolutionary events of the “Arab Spring” in Egypt, Mr. Miller was awarded the Department’s Superior Honor Award.

Mr. Miller served for a year in Baghdad as the Regional Security Coordination Officer for the Coalition Provisional Authority and as the first Regional Security Officer for the newly established U.S. Mission to Iraq.  In addition to assignments in Iraq and Egypt, Mr. Miller has also served tours in Pakistan, Jerusalem, and the Philippines.

Preceding his assignment to Cairo, Mr. Miller was the Chief of the Security and Law Enforcement Training Division at the Diplomatic Security Training Center in Dunn Loring, Virginia.  Other domestic assignments have included service as the Regional Director for Contingency Operations, Chief of Counterintelligence Investigations for DSS, the Post Graduate Intelligence program at the Joint Military Intelligence College, almost five years on the Secretary of State’s Protective Detail and, his first assignment, the Washington Field Office.

Prior to entering on duty in 1987 with the Department of State as a Diplomatic Security Service Special Agent, Mr. Miller served as a U.S. Marine Infantry Officer.  Mr. Miller was honored as the 2004 Diplomatic Security Service Employee of the Year in recognition for his service in Iraq.  In addition, Mr. Miller is a recipient of the Department of State’s Award for Valor, several Superior Honor Awards, the Department of Defense Joint Civilian Service Commendation Award and the Marine Security Guard Battalion’s award as RSO of the Year.

With Mr. Miller moved up, the HTP post went to Doug Allison as new Deputy Assistant Secretary for High-Threat Posts.  The Deputy Assistant Secretary for High-Threat Posts (HTP) is responsible for evaluating, managing, and mitigating the security threats, as well as the direction of resource requirements as high-threat U.S. diplomatic missions. No bio has been posted at this time.

Another new name is Mark Hunter, who succeeded Charlene Lamb as Deputy Assistant Secretary for International Programs.  This is the position responsible for “managing and directing all Bureau of Diplomatic Security programs and policies that protect the Department of State’s international missions and personnel from the threats of terrorism, espionage (human and technical), and crime.” No bio has been posted at this time.

Finally, the position of Director for the Office of Foreign Missions, formerly held by Eric Boswell is no longer vacant. Fredrick J. Ketchem has ben appointed Deputy Assistant Secretary for Diplomatic Security and Deputy Director, Office of Foreign Missions.  This position is responsible for facilitating and regulating the tax, property, motor vehicle, customs, and travel activities of foreign missions in the United States. [see biography]

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Senate Confirmations: Rose Gottemoeller to State/T; Michael Hammer to Chile

– Domani Spero

On March 6, the U.S. Senate confirmed a couple of executive nominations for the State Department:

Rose Eilene Gottemoeller of Virginia, to be Under Secretary of State for Arms Control and International Security; Confirmed: 58-42

Secretary Clinton announced on February 7, 2012 that President Obama has designated Rose Gottemoeller as the Acting Under Secretary for Arms Control and International Security (T).  As Acting Under Secretary she  also remained in her role as Assistant Secretary for Arms Control, Verification and Compliance (AVC).  She was sworn in as the Assistant Secretary of State for State/AVC on April 6, 2009. She was the chief U.S. negotiator of the New Strategic Arms Reduction Treaty (New START) with the Russian Federation, which entered into force on February 5, 2011.  Ms. Gottemoeller received a B.S. from Georgetown University, and a M.A. from George Washington University. She is fluent in Russian.

Photo via @Gottemoeller

Photo via @Gottemoeller

Michael A. Hammer, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Chile; Confirmed by voice vote.

Ambassador Hammer is a career member of the United States Senior Foreign Service. He previously served as the Assistant Secretary of State for Public Affairs from March 2012 to August 2013.  He also served as Acting Assistant Secretary and Principal Deputy Assistant Secretary of State for Public Affairs.  Ambassador Hammer grew up in Latin America, living in Honduras, El Salvador, Colombia, Venezuela, and Brazil.  He is fluent in Spanish and speaks French and Icelandic.  Ambassador Hammer and his wife Margret Bjorgulfsdottir have three children.

Screen Shot 2014-02-06

Assistant Secretary for Public Affairs Mike Hammer dons
a funny hat and hams it up with students after taking their questions
during the “Mock Reporter” activity.
Photo by Bill Palmer | State Department
(State Magazine, June 2013)

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Dear Diplomatic Security — If We Catch Davis A. Edwards, Will You Fund Our Blog?

❊ If you want to help keep us around, see Help Diplopundit Continue the Chase—Crowdfunding for 2014 via RocketHub ❊

– Domani Spero

The State Department’s Bureau of Diplomatic Security (State/DS) has this guy as its Most Wanted Fugitive: Davis Edwards (aka Ted Lythgoe, Teddy Lythgoe, Edward Charles Davis, Charles Simmons, Davis Adder Ewards).  Doesn’t Mr. DS Fugitive remind you of Panama’s Manuel Noriega without the hair? Anyway, four entities are looking for this man for theft and fraud.  We’ll do fraudster chasing over in Mexico if DS promise to fund our blog. We need a vacation, anyway; we also need a cute pug as bait to take with us.

Photo from state/gov/ds

Photo from state/gov/ds

Via state.gov/ds:

Mr. Davis A. Edwards is wanted by the Diplomatic Security Service, Social Security Administration/Office of the Inspector General, and Health and Human Services for social security fraud, passport fraud, theft of government funds, aggravated identity theft, and wire fraud.  The total loss to the U.S. government is still being determined, but is expected to be well over $300,000.

During the 1990s, Mr. Edwards stole the identity of his deceased uncle to work and obtain Social Security Administration disability benefits.  During this time, Mr. Edwards also applied for and was issued four U.S. passports under numerous aliases, including his deceased uncle’s identity. 

As of May 2013, there is reason to believe that Mr. Davis Edwards may be living in Ensenada, Mexico or in an ex-patriate community in Mexico.  Mr. Edwards does not speak Spanish but has previously expressed interest in living in Mexico.  His primary livelihood is construction and he has an affinity for pugs.  Mr. Edwards also requires constant access to medical prescriptions. 

Mr. Edwards may also go by the following names: Ted Lythgoe, Teddy Lythgoe, Edward Charles Davis, Charles Simmons, Davis Adder Edwards.  He is of average build (5’09”, 165 pounds) with brown eyes and no hair (bald).  He has also been featured on Washington State’s Most Wanted list.

If you have any information relating to Davis A. Edwards please contact us by emailing DSSMostWanted@state.gov or calling us toll free at 1-855-TIP-4-DSS (1-855-847-4377).

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This guy got away with four fake passports?! Dudes, that’s scary. We’ll pack our bags when you send the pug. In the meantime …

Dear friends in Ensenada, Mexico – if you have seen this man, please call. He may appear in a pharmacy for medicine. He responds to six names. He may have a pug (dog) with more hair than him. This man looks like a bald Manuel Noriega. Please call, thanks!

Queridos amigos en Ensenada, México – si usted ha visto a este hombre, por favor llame. Él puede aparecer en una farmacia por medicamentos. Él responde a seis nombres. Él puede tener un pug (perro) con más pelo que él. Este hombre se parece a un calvo Manuel Noriega. Por favor llame, ¡gracias.

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Senate Report on Benghazi: Nothing Surprising, Spreading the Blame, Notable Details

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– Domani Spero

Yesterday, the Senate Select Committee on Intelligence (SSCI) released its Review of the Terrorist Attacks on U.S. Facilities in Benghazi, Libya, September11-12, 2012 together with Additional Views.  You may read it here. The Armed Services Committee also released six files from the declassified transcripts of the Benghazi briefings here.

The report notes that between 1998 (the year of the terrorist attacks against the U.S. Embassies in Kenya and Tanzania) and 2012, 273 significant attacks were carried out against U.S. diplomatic facilities and personnel. In the course of its investigation, SSCI conducted on-the record Member and staff meetings with officials already named previously in news reports and with  the unnamed former CIA Chief of Base in Benghazi who was at the Annex on the night of the attacks and U.S. Government security personnel on the ground in Benghazi the night of the attacks.

Nothing in the findings or recommendations of the Committee was particularly surprising.  The report spreads the blame around not just on the State Department, Defense, the intel community, but also the late Ambassador Stevens for declining twice additional security offered by AFRCOM’s General Carter Ham.   But there are some notable details that we have not seen before:

More specificity about the team that flew to Benghazi:

A seven-person security team (consisting of two DoD personnel, four CIA personnel, and a linguist) flew from the U.S. Embassy in Tripoli to Benghazi and successfully helped evacuate the Americans from the Annex to the airport. It is important to clarify that, at the time of the attacks in Benghazi, there were six DoD personnel assigned to Embassy Tripoli. Four employees were under Special Operations Command Africa (SOC-AFRICA) and reported through a similar, but separate, chain of command within AFRICOM. The other two individuals from that team were DoD personnel working (based on a memorandum of understanding) under a separate special operations task force. According to the DoD, the four staff under SOC.,.AFRICA were told by their command to stay to protect Embassy Tripoli due to concerns of a similar attack in Tripoli.

What about State’s Intel Bureau?

Based on the Committee’s review, the State Department’s INR disseminated no intelligence products related to the Benghazi attacks in the year following the attacks. Considering the attacks began on a State Department facility, involved the deaths of two State Department personnel, and were an important indication of escalating threats against U.S. facilities and personnel in the region, the Committee fmds it unsettling that INR chose not to, or was unable to, disseminate any analysis related to the attacks or the implications of the attacks.
[…]
Yet, INR officials have access to State Department information and perspectives that many in the Intelligence Community do not; therefore, INR should play a more active–not just a coordinating-role in analysis for the IC and not just the State Department. The State Department’s Inspector General went even further and found that INR should be the office to produce a comprehensive security assessment for each post based on all available diplomatic and intelligence sources.

Individuals Supporting the Investigation, Killed?

The Libyan Government has not shown the political incentive or will within its own country to seek out, arrest, and prosecute individuals believed to be associated with the attacks. Furthermore, the security environment in Benghazi remains extremely dangerous for individuals wishing to work with the U.S. Government on its investigation into the attacks. In testimony before the Senate Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies, then-FBI Director Robert Mueller noted that as many as 15 individuals supporting the investigation or otherwise helpful to the United States have been killed in Benghazi since the attacks, underscoring the lawless and chaotic circumstances in eastern Libya. It is unclear whether their killings were related to the Benghazi investigation.

Interesting Footnotes!

#18| SSCI Transcript, Hearing on Security Issues at Benghazi and Threats to U.S. Intelligence and Diplomatic Personne/.and Facilities Worldwide Since the Attacks, December 4; 2012, p. 67. However, on page 47 of its classified report, the ARB concluded: “While none of the five DS agents discharged their weapons, the Board concluded that this was a sound tactical decision, given the overwhelming degree to which they were outgunned and outnumbered: A decision to discharge their weapons may well have resulted in more American deaths that night, without saving lives. The multiple trips that DS agents and Annex security team members made into a burning, smoke-filled building showed readiness to risk life and limb to save.“

#65 | The Committee recognizes that there were communications between State Department employees in Libya regarding security during this time period, including an August 22, 2012, document entitled, “Security Requests for U.S. Mission Benghazi” that was sent from OS agents in Benghazi to the RSO in Tripoli that included specific requests for (I) physical security, (2) equipment, and (3) manpower. There is no indication those requests were passed on to State Department Headquarters in the form of a cable.

#68 | An August 28, 2012, memo entitled, “Regional Security Officer Turnover” from the outgoing RSO stated: “U.S.Mission Benghazi has an uncertain future; Post is scheduled to close December 31,2012. Various alternatives are being proposed, including colocating with the Annex. The RSO should be aware that requests for expensive security upgrades may be difficult to obtain as headquarters is hesitant to allocate money to a post that may be closing in a few months.” Classified Report of the ARB, December 18,2012, Appendix 6, p. I.

Wondering why it was necessary to classify #18 and #68 from the publicly available ARB Report? Do you know?

The Senate report in 85 pages long.  The report itself is 42 pages long with its findings and recommendations. The report includes three appendices; as well, there are “Additional Views” attached to the report:  a 5-page one from the Democrats on the SSIC (Senators Feinstein, Rockefeller IV, Wyden, Mikulski, Udall, Warner, Heinrich and Maine Senator Angus King);  a 16-page one from the GOP members of the Committee namely, Vice-Chairman Chambliss and Senators Burr, Risch, Coats, Rubio and Coburn and a 4-page statement by Maine Senator Susan Collins who co-authored with then Senator Joe Lieberman the HSGAC 2012 report, “Flashing Red: A Special Report on the Terrorist Attack at Benghazi.

So, basically, what they could not agree to put in the body of the report, the SSIC members placed as attachments to their bipartisan work. We expect that the morning shows on Sunday will be populated with politicians talking about their “additional views” on the report.

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Filed under CIA, Congress, Defense Department, Diplomatic Security, Functional Bureaus, Govt Reports/Documents, Leaks|Controversies, Realities of the FS, Regional Bureaus, Security, State Department, Terrorism, U.S. Missions

What Does the Spox Say? Go Get a Dictionary — Now in GIF Version

– Domani Spero

At the Daily Press Briefing on December 30, there was this exchange:

QUESTION: So you have no differences between “regret” –

MS. HARF: Us and the White House?

QUESTION: No, I mean the differences between “disappointed, “regret,” or “concern.”

MS. HARF: I’m happy for you to get a dictionary and look up what the difference is. I think it’s pretty clear what I mean when I say “disappointed.”

And here it made the Internets: Abe’s Yasukuni Shrine Visit and the “Disappointed” US: State Dept Spokesperson Tells Chinese Reporter to Go Get a Dictionary

We could not find a GIF for it. So we made one, take a look:

GIF_getadictionary

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State Dept’s Employee Discrimination and Reprisal Statistics May Boggle Your Mind, Or Not

– Domani Spero

On May 15, 2002, then-President Bush signed into law the Notification and Federal Employee Anti-Discrimination and Retaliation (No FEAR) Act to increase federal agency accountability for acts of discrimination or reprisal against employees. This act requires that federal agencies post on their public Web sites certain summary statistical data relating to equal employment opportunity complaints filed against the respective agencies.  This data is updated quarterly.  The report ending on September 30, 2013 is posted below. This data is maintained and published by State/OCR and originally posted at state.gov here.

We should note that the Secretary of State has delegated both tasks of advancing diversity within the Department and ensuring equal opportunity to all employees to the Director of the Office of Civil Rights (S/OCR), an office headed by   John M. Robinson since March 3, 2008.

The total final finding of discrimination from 2008 to-date at the State Department has been one case of reprisal in 2011 out of 133 complaints, one case on race in 2012 out of 133 complaints and one case based on sex discrimination out of 152 complaints in the current year. Three cases of discrimination in favor of the complainant (two with a hearing and one without a hearing) in the last six years?  Single digit finding for the plaintiffs is not unheard of, is it?

If you are an employee with a possible EEO case, this FY2013 statistics is not hopeful.

Number of complaints: 152

Top five (complaints by basis):
reprisal (75), race (50), sex (40), disability (40)
age (36), national origin (21)

Top five (complaints by issue):
harassment/non-sexual  (55)
evaluation/appraisal (25)
promotion/non-selection (21)
disciplinary action (20)
assignment of duties (19)

Total Final Agency Action Finding Discrimination: 1

The average number of days in investigation is 276.89 days, the average number of days in final action is 259.14. When hearing was not requested, the average number of days in final action is 319.50 days.  Take a look.

The State Department has 13,787 Foreign Service employees and 10,787 Civil Service employees working domestic and 275 overseas missions as of March 2013. The S/OCR data does not include a breakdown of cases by employee type.

Also we were curious how other agencies handle this No Fear Act statistical requirement.  We found the Department of Treasury quite more elaborate in its reporting than the State Department. For instance, in FY2012, Treasury closed 61 EEO complaints with monetary corrective actions, totaling $792,477 in back pay/front pay, lump sum payments, compensatory damages, or attorney’s fees and costs.  The monetary component in the State Department’s  report is not even discussed.  At one point we were following the litigation between  FSO Virginia Loo Farris and the State Department (See  Farris v. Clinton: Race/Gender Discrimination Case Going to Trial).  On March 12, 2009,  United States District Judge Ricardo M. Urbina granted the defendant’s (Clinton/State Department) renewed motion for summary judgment with respect to Virginia Loo Farris’ retaliation claims but denies it with respect to the her discrimination claims. In October 2010, the case was dismissed after a settlement was reached between Ms. Farris and the State Department. Details of the settlement were not released.

Anyway, check out the FY2012 report from the Treasury Department here, the year-end data for the five previous fiscal years for comparison purposes actually are quite informative and includes real numbers besides zeros and ones.  It also includes the number of judgement for plaintiff (2), number of  employees disciplined for discrimination, retaliation, harassment, or any other infraction under the cited law (33), analysis of the complaints, data on counseling and alternative dispute resolution. The State Department’s No Fear Act report is absolutely bare bones, although it’s not alone in doing so.

If State/OCR has submitted a separate report to Congress detailing more fully its handling of EEO complaints in the State Department, including monetary corrective actions, we would like to see that information available to the public.

 

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Related posts:

Snapshot: State Department’s Permanent Workforce Demographics

Snapshot: State Dept Discrimination and Reprisal Complaints FY2008-FY2013

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Filed under Career Employees, Functional Bureaus, Govt Reports/Documents, Huh? News, Org Life, ScribD, State Department

Iraqi Special Immigrant Visa (SIV) Program To End on December 31, 2013

– Domani Spero

We previously posted about Iraqi SIVs in September. (See Special Immigrant Visa (SIV) Program for Iraqi Nationals to End Sept 30, Or How to Save One Interpreter At a Time).  The Department of State’s authority to issue Special Immigrant Visas (SIVs) to Iraqi nationals under the National Defense Authorization Act of 2008 has now been extended until December 31, 2013.  The US Embassy in Iraq cautions that “No matter what stage of the process you are in, all selected and eligible applicants must obtain their visa by December 31, 2013. There is no guarantee that the SIV program authority will be extended; therefore, you are strongly encouraged to act quickly to ensure you have the best possible chance to complete your case by December 31, 2013.” US Mission Iraq has updated its information on the Iraqi Special Immigrant Visa (SIV) Program with the following details:

  • Our authority to issue SIVs to principal applicants ends on December 31, 2013. We cannot issue SIVs to any principal applicants after this date.
  • Derivative family members (i.e., spouses, children) of principal applicants who were issued SIVs can still be issued SIVs after December 31, 2013.
  • Applicants are advised to check their email accounts and consult our website regularly for the most recent information regarding the SIV program.
  • Applicants whose cases are pending for additional documents are advised to send the required documents to our office immediately to the address listed in the instructions we provided to you.  Failure to do so may result in your visa not being issued before the December 31, 2013 deadline (principal applicants).
  • Applicants who have been scheduled for an interview are strongly encouraged to attend their appointment as scheduled.  Given the extremely high demand of appointments, we will be unable to reschedule your appointment, should you be unable to attend your interview.
  • The separate U.S. Refugee Admissions Program (USRAP) for U.S.-affiliated Iraqis remains in place and will continue to be available after December 31, 2013 regardless of whether the Iraqi SIV program ends at that time.  The Embassy encourages SIV applicants to seek out information about the USRAP as the eligibility criteria are very similar to those of the SIV program.  For more information on USRAP, please visit:http://iraq.usembassy.gov/refugeesidpaffairs.html.

Click here for more details including frequently asked questions.

Unless extended by Congress, the State Department’s authority to issue Special Immigrant Visas (SIVs) to Afghan nationals will also expire in September 2014.

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Photo of the Day: Diplomatic Security’s Smoky Scenario Training

 

DS_Evac_IMG_7686_600px_480_1

U.S. government personnel evacuate a building through a smoky scenario September 9, 2013, at the Diplomatic Security (DS) Interim Training Facility in Summit Point, West Virginia.  All government personnel serving at U.S. embassies or consulates in high-threat regions of the world must undergo DS’s Foreign Affairs Counter Threat training before their deployment. (U.S. Department of State photo)

 

 

 

 

 

 

 

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DS Agent Charged With “Notoriously Disgraceful Conduct” Gets Three Days Suspension

– Domani Spero

Remember back in 2010 when HeraldNet reported that a federal agent was arrested for assault in the Snohomish County of Washington State? Quick recap:

“The man was arrested June 17 for investigation of second-degree assault. Deputies seized 15 guns from the home, including his duty weapon, according to a police affidavit filed in Everett District Court.

He told investigators that he is an agent with the U.S. Department of State in Seattle. His wife told authorities that he is a diplomatic security officer.”

See DS Agent Arrested After Wife Reports Assault.

The agent’s name was never publicly released.

But — there is a grievance case (names redacted, of course) that is identical in details and timing to the reported case.  A Motion to Exclude order by the Foreign Service Grievance Board (FSGB) on the grievance filed by an unnamed FS-03 Diplomatic Security (DS) Special Agent provides details about a 2010 disciplinary case for “notoriously disgraceful conduct.”  While we cannot say with certainty that this is the exact same case, the 2010 news report made mention that the  “woman complained of blurred vision and head pain” while the 2010 FSGB case mentions that the “Grievant’s wife complained of blurred vision and head pain.”The news report and the grievance case both notes that the incident happened on June 17, 2010 and that the wife was taken to a hospital (location not unidentified in the grievance records).

Below are details extracted from the redacted FSGB 2012-045  ROI dated June 30, 2010, publicly available via FSGB.gov

Grievant is a married DS Special Agent with two children, aged approximately [REDACTED]. On June 17, 2010, while he was assigned to the Diplomatic Security Field Office, grievant was involved in a violent altercation with his wife in his home while his children were at home.

Grievant’s wife called the police who, after interviewing both adults, arrested grievant and charged him with assault in the fourth degree. In a statement provided to the Sheriff’s Office immediately following the incident, grievant reported that he and his wife had had an argument over the contents of messages on his government issued cell phone. Grievant reported that his wife grabbed his phone and when he grabbed it back, she slapped him in the face. Grievant claimed that he stood up from a seated position on the bed in the master bedroom and stretched out his arm to prevent his wife from striking him again, which resulted in her falling backwards and hitting her head on the floor.

Immediately following the incident, grievant’s wife provided a sworn statement to the law enforcement responders in which she claimed that after she slapped grievant, he picked her up and “body slammed” her to the floor, then grabbed her head striking it against the floor four to five times. Grievant’s wife complained of blurred vision and head pain and was taken to the hospital. A CT scan of her head was taken that revealed a palm-sized “subarachnoid hemorrhage within the inter-hemispheric fissure and right cingulated sulcus,” which was described as a bleeding within the brain. Notes on her medical record indicated, “[H]ead slammed into floor repeatedly.” Grievant’s wife was transferred to a second hospital for further examination and evaluation by a neurologist. The neurologist ordered her hospitalized overnight for observation and assessed her condition as “traumatic subarachnoid hemorrhage.”

In a follow up visit on June 19, the Sheriff’s Office took photographs of grievant’s wife, noting two bruises on the left side of her face, near her eye and cheek, that were approximately the size of a quarter. She then sought another CT scan to determine if her cheekbone was broken, but it was not.

As a result of the altercation with his wife, grievant was placed on limited duty status and was restricted from using his government-issued firearm and DS credentials. Grievant’s security clearance was suspended from September 10, 2010 until April 17, 2012. Reports of the incident appeared on a local television news program and three internet sites. In these media reports, grievant was identified as a DS Agent with the Department of State in [REDACTED]. The articles described the altercation and one mentioned the injuries sustained by grievant’s wife.

According to the Record of Proceeding (ROP), the grievant entered into an Order of Continuance of the assault charge that deferred all court proceedings arising from his arrest for twelve months on December 14, 2010.  On May 4, 2011, after grievant fully complied with the terms and conditions of the continuance order, the case against him was dismissed.

On December 19, 2011, the Director of Employee Relations proposed to suspend grievant for five days without pay and place a letter of suspension in his official performance file for two years or until review by two promotion boards. Grievant appealed this decision and on March 4, 2012, the Department upheld the charge of Notoriously Disgraceful Conduct, but reduced the suspension to three days.

The case is available on pdf file here.

Here is what 3 FAM 4139.14 says about Notoriously Disgraceful Conduct: “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.”

It looks like the judgment of “notoriously disgraceful conduct” does not even require that one be publicly identified, just that the potential that the incident be widely known exist (note specific mention of media reports, one tv program and three Internet sites).

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US Mission France: Ambassador Rivkin Departs Paris For State Dept’s Econ and Biz Bureau

– Domani Spero

Ambassador Rivkin permanently departed Paris on Tuesday, November 19, 2013 after more than four years as chief of mission. President Obama nominated Ambassador Rivkin to serve as Assistant Secretary of the State Department’s Bureau of Economic and Business Affairs. He received the U.S. flag flown over the U.S. Embassy until September 11, 2013

Photo via US Embassy Paris

Photo via US Embassy Paris

The WH released the following brief bio on October 30, 2013.

Ambassador Charles H. Rivkin is the U.S. Ambassador to France and Monaco, a position he has held since 2009.  From 2005 to 2009, Ambassador Rivkin was the President and CEO of W!LDBRAIN, an award-winning film and television show production company.  From 1988 to 2003, he served in various roles for The Jim Henson Company, most recently as the President and CEO.  Previously, Ambassador Rivkin was an analyst in Corporate Finance at Salomon Brothers from 1984 to 1986.  Before his service as Ambassador, he served on the boards of various companies and organizations, including Save the Children from 1997 to 2003 and Chrysalis from 1996 to 2002.  From 1996 to 2009, he was a Member of the Young Presidents Organization and from 2007 to 2009 he was a Member of the Pacific Council on International Policy.  Ambassador Rivkin received a B.A. from Yale University and an M.B.A. from Harvard Business School.

If confirmed, Ambassador Rivkin will succeed Jose W. Fernandez who was appointed assistant secretary to EB from 2009-2013.  In late October, Gibson, Dunn & Crutcher LLP announced that Mr.  Fernandez had joined its firm as a partner in the New York office.  At Gibson Dunn, Mr. Fernandez will reportedly focus his practice on mergers and acquisitions and finance in emerging markets in Latin America, the Middle East, Africa and Asia.

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