Email Episode 1472: No Dust Left on Chappaqua Server?

Posted: 11:28 pm PDT

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The New York Times also posted the letter from the former secretary of state’s lawyer David E. Kendall to House Chairman Trey Gowdy.  Excerpt below:

There is no basis to support the proposed third-party review of the server that hosted the hdr22@clintonemail.com account. During the fall of 2014, Secretary Clinton’s legal representatives reviewed her hdr22@clintonemail.com account for the time period from January 21, 2009 through February 1, 2013. After the review was completed to identify and provide to the Department of State all of the Secretary’s work-related and potentially work-related emails, the Secretary chose not to keep her non-record personal e-mails and asked that her account (which was no longer in active use) be set to retain only the most recent 60 days of e-mail. To avoid prolonging a discussion that would be academic, I have confirmed with the Secretary’s IT support that no e-mails from hdr22@clintonemail.com for the time period January 21, 2009 through February 1, 2013 reside on the server or on any back-up systems associated with the server.

Page 8 of this 9-page document includes a letter from the State Department’s Under Secretary for Management Patrick Kennedy:

We understand that Secretary Clinton would like to continue to retain copies of the documents to assist her in responding to congressional and related inquiries regarding the documents and her tenure as head of the Department. The Department has consulted with the National Archives and Records Administration (NARA) and believes that permitting Secretary Clinton continued access to the documents is in the public interest as it will help promote informed discussion.

Accordingly, Secretary Clinton may retain copies of the documents provided that: access is limited to Secretary Clinton and those directly assisting her in responding to such inquiries; steps are taken to safeguard the documents against loss or unauthorized access; the documents are not released without written authorization by the Department; and there is agreement to return the documents to the Department upon request. Additionally, following counsel, we ask that, to the extent the documents are stored electronically, they continue to be preserved in their electronic format. In the event that State Department reviewers determine that any document or documents is/are classified, additional steps will be required to safeguard and protect the information.

The  entire Kendall-Gowdy letter is available to read here.

Because it’s Friday, there is also this item from Gawker and ProPublica adding a stranger twist to this  email saga.

 

 

In related news, remember when Michael Schmidt broke the NYT story about  Secretary Clinton’s exclusive use of a personal email account during her entire tenure as Secretary of State? That was on March 2.  On March 25,  Secretary Kerry finally asked the Office of Inspector General to review email and record retention at his agency.  The letter Secretary Kerry sent to IG Steve Linick is available to read here (pdf).

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I don’t know about you but … it’s that kind of week.

Greys-Anatomy perfectedflaw

Image: Tumblr, perfectedflaw via Mashable

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Burn Bag: Where taking “open door” seriously can ruin corridor reputation … oh woe!

Posted: 2:19  am EDT

 

When management at your post in crisis tells you they have an open door and want to know how people are feeling, then tells you your (widely shared) concern is insignificant and you are ruining your corridor reputation by bringing it up.

 

 

Dear USAID OIG — That Nonprofit Contractor Mess Really Needs a Fact Sheet

Posted: 1:23  am EDT

 

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We’ve used the USAID OIG website but it does not have a smart nor responsive search function. We wanted to know how many inspections, audits, whatev reports the Office of the Inspector General at USAID did on IRD over the years.  If they were rigorous in their oversight and USAID and  the State Department did not do anything about it, that is an important component to this story.  And if that is true, we wanted to see just how rigorous based on the reports the oversight office put out through the years, because how else can we tell but by the number and quality of their output?

We sent a direct message to USAID OIG via Twitter and we got a response back:

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For specific inquiries, please contact our office directly http://oig.usaid.gov/content/contact-usaid-oig

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You click on that link and you’re told that “for media or general information inquiries, contact the OIG’s Immediate Office by mail, telephone, or fax. Whoa!  The Immediate Office, apparently, is not immediate enough.

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Late last year, following a Washington Post report on a USAID program in Pakistan, USAID OIG released (pdf) a statement with the following:

OIG is committed to providing products and information that are responsive to the needs of external customers and stakeholders. In responding to questions posed by Members of Congress and congressional staff, OIG has always endeavored to provide complete and accurate information based on the documentation and information available to us.

This is USAID’s largest nonprofit contractor.  According to WaPo, USAID suspended IRD this past January from receiving any more federal work. The suspension came in the wake of allegations of misspending highlighted in a Post investigation in May 2014.  USAID told the Post that they are cracking down on contractors who misspend tax money.

Hookay. So let’s start with finding out what type of oversight USAID OIG provided on IRD contracts since 2006. This is one time when those USAID OIG Fact Sheets would really be helpful.

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Related items:

USAID Suspends Big Contractor IRD: What Took So Long? (NonProfit Quarterly)

Doing well by doing good: The high price of working in war zones (WaPo, May 2014)

 

Only 1 in 6 Employees Believe State Dept Senior Leadership Understands FS Work/Life Challenges

Posted: 3:01  am EDT

 

Via afsa.org:

In 2014, the American Foreign Service Association (AFSA) commissioned a third-party survey to better understand members’ views of AFSA as a professional association and union, as well as their opinions on AFSA’s advocacy and labor management priorities.  Of the nearly 3,500 responses, 1,600 came from active-duty State members who responded to State-specific questions.

The infographics made available by AFSA (pdf) notes that 40% agree or strongly agree that slowing promotion rates, limited career advancement, or a lack of professional development opportunities is causing them to consider leaving the Foreign Service. It also notes the membership opinion on quality of work and life issues as well as security issues.

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We are still hunting down a copy of the full membership survey.  We should note that AFSA is the professional association and labor union of the United States Foreign Service with more than 16,345 dues-paying members. According to its 2014 annual report, it has 10,664 members who are in active-duty with the State Department and 3,717 members who are retired employees. Looks like 15% of the active service members and 51% of retired members participated in this survey.

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Keeping Up With the State Department Spox’s Explainer on the Clinton Separation Statement

Posted: 12:42 am EDT

 

The hunt for Secretary Clinton’s OF-109 Separation Statement was all over the news last week, although it seemed, oh, so much longer.  Fox News was searching for it. The Daily Caller found a whistleblower who alleged double standard.  Media Matters  called out the conservative media’s own double standard. Add the official spokesperson of the State Department and we got a free roller coaster ride plus coupons.

It looks like 12 FAM 564.4 is the relevant regulation um, excuse me, “recommendation” in the Foreign Affairs Manual. Waiting for the spox to clarify that although the briefing is mandatory, signing the separation statement is really optional and voluntary!

12 FAM 564.4 Termination
(TL:DS-88; 02-13-2003) (Uniform State, AID, OPIC, TDP)
a. A security debriefing will be conducted and a separation statement will be completed whenever an employee is terminating employment or is otherwise to be separated for a continuous period of 60 days or more. The debriefing is mandatory to ensure that separating personnel are aware of the requirement to return all classified material and of a continuing responsibility to safeguard their knowledge of any classified information. The separating employee must be advised of the applicable laws on the protection and disclosure of classified information (see 12 FAM 557 Exhibit 557.3) before signing Form OF-109, Separation Statement (see 12 FAM 564 Exhibit 564.4).

 

Via DPB, March 17, 2015 with State Department Spokesperson Jennifer Psaki:

QUESTION: So when you say – it is my understanding that all employees – and I think you even alluded to this when it first came up, that all employees were required to sign this document on completion of their government service. Is that not the case?

MS. PSAKI: Required is not the accurate term. It’s – we’re looking into how standard this is across the federal government and certainly at the State Department. But there’s no – we’re not aware of any penalty for not signing it.

QUESTION: Well, at the State Department, though, is it – it is common practice, though, is it not, for employees, at least employees below the rank of Secretary of State to sign such a thing – to sign such a document when they leave? Is it not?

MS. PSAKI: Well, I just don’t want to characterize how common practice it is. Certainly, I understand there’s been a focus on this form. We’ve answered the question on whether or not Secretary Clinton signed the form, and we’ll see if there’s more statistics we can provide about how common it is.

QUESTION: It’s your understanding, though, that not completing this form is not a violation of any rule or regulation?

MS. PSAKI: It’s not a violation of any rule, no.

QUESTION: And when you said that you have found no record of her two immediate – was it her two immediate predecessors?

MS. PSAKI: Correct.

 

Continue reading

Clinton Email Saga: How do you CTRL+F 55,000 pages of paper?

Posted: 12:43  am EDT

 

Marc Perkel who runs a spam filtering service has an interesting addition to the Clinton email saga, something to do with what happens to emails that go through a  spam filtering service.  But he also wrote this:

But – and this is a very important point – is HOW the emails were turned over. She printed each one out on paper one by one and handed over boxes of paper with the email printed. Thus those email can’t be searched electronically. So if someone wants all emails to some individual or emails about a subject then someone has to hand search these emails and they are likely to miss something.

It would have been far easier to copy all the emails onto a thumb drive and hand that over to the State Department where they could be electronically imported into the system and electronically searchable like all the other emails are. But she chose to go to great trouble to deliberately make things difficult for the State Department to process those emails.  And that indicates an act of bad faith. She’s just giving all of us the virtual finger.

This from a a guy who writes that if Clinton is the candidate,  he “would still vote for her in the general election over any Republican.”

Also see  Attn: Delivery Man Schlepping Boxes With 55,000 Pages of Emails to Foggy Bottom, You’re Wanted at the Podium! (Corrected)

When asked why these documents were not provided to State in electronic format for better searchability, the official spox said, “Well, there is some long precedent here for how this is done.”  I don’t know what kind of precedent she is talking about.  Has anyone ever had to produce  55,000 pages of emails before from a private email server? How do you search that? Control+D for smart not?

This is basically 110 reams of paper at 500 sheets per ream, or 11 bales of paper.  And if the Clinton folks instead used a thumb drive for these 55,000 pages of email, it probably could have spared a tree or two!

Reseed’s strategy is prevention and remediation — not only can we curb deforestation by encouraging consumers and retailers to adopt e-receipts, but we can also reverse some of the damage with the money saved. Forgoing 55,000 receipts can spare an entire tree, and it only takes a dollar in donations for Reseed to plant a tree.

Going Paperless: The Hidden Cost of a Receipt
Part of a series produced by The Huffington Post and the Clinton Global Initiative 

Oy! What’s that?

The ACLU writes that the politics swirling around the Clinton email scandal obscure real problems:

As the Committee for Responsibility and Ethics in Washington has documented at length, various Bush White House officials used Republican National Committee accounts to communicate with Attorney General Alberto Gonzales in what would become the scandal over the hiring and firing of United States attorneys that the Department of Justice later found to be the inappropriately politicized.

The decision by Secretary Clinton to use “clintonemail.com” exclusively for official business disregards these historical examples. Unfortunately, officials can face the strong temptation to hide official business out of the reach of Freedom of Information Act requests. And as the new retention rules recognize, that’s unacceptable for our democracy.

 

On March 17, twelve open government organizations also wrote a letter to Secretary Kerry and David S. Ferriero, the Archivist of the United States asking that the Clinton emails containing federal records be transferred to the Department of State in their original electronic form:

Because it is of the utmost importance that all of former Secretary Clinton’s emails are properly preserved and transferred back to the State Department for accountability and historical record purposes, we are asking that you verify that Secretary Clinton’s emails containing federal records are transferred to the Department of State in their original electronic form, so that all such emails may be accessible pursuant to the Freedom of Information Act. The Archivist and State Department are authorized by the Federal Records Act to seek the recovery of records that may have been improperly removed, and the task of determining which emails constitute federal records should not be left solely to Mrs. Clinton’s personal aides. Rather, the Archivist and State Department should oversee the process to ensure its independence and objectivity. To the extent that it is ascertained that any record emails were deleted, they should be retrieved if technically possible.

The letter available online here (pdf) was signed by Cause of Action, Defending Dissent Foundation, Electronic Frontier Foundation, MuckRock, National Coalition for History, National Security Archive, National Security Counselors, OpenTheGovernment.org, Pirate Times, Project on Government Oversight (POGO),  Society of Professional Journalists and The Sunlight Foundation.

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AFSA Politely Asks the State Dept: Is Adherence to the Foreign Affairs Manual Optional For Some?

Posted: 1:01  am EDT

 

The Daily Press Briefing of March 11  toppled me off my chair when I heard the official spokesperson of the State Department, Jennifer Psaki said from the podium, “The FAM is not a regulation; it’s recommendations.”  (see NewsFlash: “The FAM is not a regulation; it’s recommendations.” Hurry, DECLINE button over there!).

On March 17, the American Foreign Service Association (AFSA) wrote to Arnold Chacon, the Director General of the Foreign Service and the State Department’s top HR official requesting clarity on the applicability of 3 FAM to career and political/non-career employees of the oldest executive agency in the union.

We would be grateful if you could help us understand if there is, in practice or by law, any difference in how these standards apply to and are enforced for non-career appointees as opposed to career employees, both Foreign Service and Civil Service.

AFSA noted the March 10 press briefing, where “Spokesperson Jen Psaki referred to 3 FAM as “guidelines” as distinguished from “law”:

As the Foreign Service, we have always understood the FAM to consist of regulations to which we must adhere. AFSA would like to ask if non-career appointees are formally subject to all of the rules and regulations in 3 FAM.

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Foreign Affairs Manual

 

3 FAM is the section of the Foreign Affairs Manual that covers personnel:

This volume of the FAM sets forth the policies and regulations governing the administration of the personnel system applicable to the Department of State. Regulations adopted jointly by the Department of State and other agencies (e.g. Broadcasting Board of Governors, USAID, Commerce, Agriculture, Peace Corps,) are so identified wherever they appear in this volume. (see pdf)

Volume 3 of the FAM is organized around eight major personnel topics, each of which is assigned a series of nine chapters of 89 subchapters. In so far as is practicable, each subchapter is restricted to a single topic. Since some topics relate to both Foreign Service and Civil Service employees, while others relate to employees of only one of the services, subchapters, or parts thereof, contain a legend, which indicates coverage.

☞Chapters in the 1000 series contain general information on the organization of the FAM and general policies and regulations relating to all Civil Service and/or Foreign Service employees.

☞Chapters in the 2000 series contain regulations and policies, which govern the day-to-day operations of the Foreign Service and Civil Service personnel systems.

☞Chapters in the 3000 series contain regulations and policies which govern Civil Service and Foreign Service pay, leave administration, benefits (e.g. Federal Employees Health Benefits (FEHB), Federal Employees Group Life Insurance (FEGLI), Office of Worker’s Compensation Program (OWCP), Unemployment Compensation for Federal Employees (UCFE), Reasonable Accommodations), allowances and travel. In addition, Chapters in the 3000 series contains special program regulations and policies such as Transit Subsidy Program, Student Loan Repayment Program (SLRP), and Professional Liability Insurance (PLI).

☞Chapters in the 4000 series contain regulations and policies which govern the conduct of Foreign Service and Civil Service employees; provide penalties for misconduct; establish grievance and appeals procedures; and provide for awards for outstanding performance.

☞Chapters in the 5000 series contain regulations and policies, which govern labor management relations in the Department.

☞Chapters in the 6000 series contain regulations and policies, which govern the administration of the retirement program for Civil Service and Foreign Service employees.

☞Chapters in the 7000 series contain regulations and policies, which govern the administration of the Foreign Service National personnel system for Overseas Employees.

☞Chapters in the 8000 series contain regulations and policies, which govern the administration of the various overseas employment programs administered by the Office of Overseas Employment (HR/OE).

If it comes from the podium, it is official.

So it is, of course, understandable that AFSA is concerned when she calls the FAM “guidelines.”  But equally troubling to hear her say from the official podium that the FAM is not regulations but recommendations, as if somehow adherence to it is voluntary and optional. We’ve asked state.gov for a comment and the nice person there told us they’re consulting with their subject matter experts and hopefully will have something for us.

Anyone has an in with the folks at the Office of the Legal Adviser?  Would you kindly please ask them to wade in on this?

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State/FLO’s Global Employment Initiative — How Effective Is It? Plus a New Survey For EFMs

Posted: 12:20  am EDT

 

A few years back, the State Department’s Family Liaison Office established the Global Employment Initiative (GEI) to help Foreign Service family members with career development and exploration of employment opportunities while posted overseas. The program employs Global Employment Advisors (GEAs) reportedly to provide on-site job coaching sessions, training workshops, and career development services at no cost to family members. They also “offer networking assistance, information regarding volunteer projects, and support family members’ efforts to engage in the local economy.”

Our overall experience with this initiative was not at all impressive. A locally hired U.S. citizen got the GEI advisor gig at post and spouses interested in networking and finding jobs got on a meet and greet with a couple American companies operating in the host country.  But not a single EFM ended up with a job at post or a career plan through GEI.

There is, of course, the advantage of hiring a local U.S. citizen as GEI advisor, presuming that the individual already has an existing local network and need not have to build one from scratch. But it also has a disadvantage of hiring someone who has no idea how the system works. And that’s how you get a GEI advisor telling an EFM to make handicrafts for sale on Etsy. Because obviously, if you’re an EFM entrepreneur, the Foreign Affairs Manual does not have anything but lots of recommendations for you!

Blog comment: State’s so-called “global employment initiative” is a complete joke (well, except that nobody’s laughing about it). After two assignments I have *never* heard of someone who got a job through GEI. The only thing our regional GEI person ever said that made any sense was “State Department does not owe you a job.” Of course, I never said it did, but that was irrelevant as she then segued into telling me to start a cooking blog or make hand-woven baskets to sell on Etsy.

Image via FAMER, November 2014 (click for larger view)

Image via FAMER, November 2014 (pdf)
(click for larger view)

 

We wanted to learn more about this initiative, its funding, its results. How effective is it in assisting Foreign Service spouses overseas. How many GEI advisors have been hired to-date since its creation?  How many spouses have been helped by the initiative in finding jobs, starting a business, developing career plans, etc. We also wanted to know what is the annual budget for this initiative, and if the return justify the investment. We’ve reached out to the GEI office at the State Department last week but we have not heard anything back to-date.

If you have a personal experience with the Global Employment Initiative — if you’ve found a job, started a business, created a successful career plan, or able to develop a career through GEI while posted overseas, let us hear from you in the comments section or send us an email.  We will have a follow-up post if we have enough response.

In related news, State/FLO would like to explore ways to connect family members with professional telework opportunities and is  conducting a survey until the end of March to determine the skills, education and experience of family members in the Foreign Service:

The Family Liaison Office (FLO) is investigating ways to connect interested family members with professional telework opportunities.  To do this, we need current statistics on the education, skills, and experience of our Foreign Service family members.  The questions were developed with input from the Associates of the American Foreign Service Worldwide (AAFSW), the non-profit Foreign Service community organization. FLO will use this information to more effectively communicate with companies and organizations about the advantages of hiring talented mobile professionals.  Your responses are anonymous and the survey should take less than 5 minutes to complete.

http://www.surveymonkey.com/s/FLOEmployment

We understand that the FLO intends to use this information to “more effectively communicate with companies and organizations about the advantages of hiring talented mobile professionals.”  We wanted to know if this outreach includes hiring managers at the State Department and/or USAID, and other federal agencies for telework opportunities. We’ve asked but have not heard a response to this specific question.

Why were we asking?

Because.

If the State Department is trying to impress “companies and organizations” to take advantage of hiring talented mobile professionals who are Foreign Service members, but the agency itself will not hire them to take advantage of their talent — well, what message does that say?

They’re smashingly great, hire them to telework for you because we won’t?

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Related posts:

 

 

OIG: Only 41,749 State Dept Record Emails Preserved Out Of Over a Billion Emails Sent

Posted: 4:29 pm EDT
Updated: March 12, 9:29 pm PST

State Department deputy spokeswoman Marie Harf told CNN that since the inspector general is independent from the department “they will have to speak to the timing and details of releasing this report, which they control.”

So we asked the IG and we’re told that “the timing of the release of this report (ISP-I-15-15) was purely coincidental to the recent email issue.”

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State/OIG did a review (pdf) of the Department’s State Messaging and Archive Retrieval Toolset (SMART) and Record Email in Washington, DC, between January 24 and March 15, 2014. According to the OIG, in 2013, Department employees created 41,749 record emails. These statistics are similar to numbers from 2011, when Department employees created 61,156 record emails out of more than a billion emails sent. Department officials have noted that many emails that qualify as records are not being saved as record emails.

Below are the highlights of the OIG review:

  • A 2009 upgrade in the Department of State’s system facilitated the preservation of emails as official records. However, Department of State employees have not received adequate training or guidance on their responsibilities for using those systems to preserve “record emails.” In 2011, employees created 61,156 record emails out of more than a billion emails sent. Employees created 41,749 record emails in 2013.
  • Record email usage varies widely across bureaus and missions. The Bureau of Administration needs to exercise central oversight of the use of the record email function.
  • Some employees do not create record emails because they do not want to make the email available in searches or fear that this availability would inhibit debate about pending decisions.
  • System designers in the Bureau of Information Resource Management need more understanding and knowledge of the needs of their customers to make the system more useful. A new procedure for monitoring the needs of customers would facilitate making those adjustments.

Additional details from the OIG report:

The need for official records

The Department of State (Department) and its employees need official records for many purposes: reference in conducting ongoing operations; orientation of successors; defending the U.S. Government’s position in disputes or misunderstandings; holding individuals accountable; recording policies, practices, and accomplishments; responding to congressional and other enquiries; and documenting U.S. diplomatic history. Record preservation is particularly important in the Department because Foreign Service officers rotate into new positions every 2 or 3 years. Federal law requires departments, agencies, and their employees to create records of their more significant actions and to preserve records according to Governmentwide standards.

Who has responsibility for the preservation of official records?

Every employee in the Department has the responsibility of preserving emails that should be retained as official records.3 The Office of Information Programs and Services in the Bureau of Administration’s Office of Global Information Services (A/GIS/IPS) is responsible for the Department’s records management program, including providing guidance on the preservation of records for the Department and ensuring compliance. IRM administers the enterprise email system, including SMART, and therefore provides the technical infrastructure for sending and receiving emails and preserving some as record email.

What constitute official records? 

If an employee puts down on paper or in electronic form information about “the organization, functions, policies, decisions, procedures, operations, or other activities of the Government,” the information may be appropriate for preservation and therefore a record according to law, whether or not the author recognizes this fact. Whether the written information creates a record is a matter of content, not form. Federal statutes, regulations, presidential executive orders, the Foreign Affairs Manual (FAM), Department notices, cables, and the SMART Messaging Guidebook contain the criteria for creating and maintaining official records and associated employee responsibilities.

Which email messages should be saved as records?

According to Department guidance referenced above, email messages should be saved as records if they document the formulation and execution of basic policies and actions or important meetings; if they facilitate action by agency officials and their successors in office; if they help Department officials answer congressional questions; or if they protect the financial, legal, and other rights of the government or persons the government’s actions directly affect. Guidance also provides a series of questions prompting employees to consider whether the information should be shared, whether the successor would find the email helpful, whether it is an email that would ordinarily be saved in the employee’s own records, whether it contains historically important information, whether it preserves the employee’s position on an issue, or whether it documents important actions that affect financial or legal rights of the government or the public.

 

The OIG report notes that it has previously examined the Department’s records management, including electronic records management, in its 2012 inspection of A/GIS/IPS. OIG found that A/GIS/IPS was not meeting statutory and regulatory records management requirements because, although the office developed policy and issued guidance on records management, it did not ensure proper implementation, monitor performance, or enforce compliance. OIG also noted that, although SMART users can save emails as records using the record email function, they save only a fraction of the numbers sent. OIG recommended that the Bureau of Administration implement a plan to increase the number of record emails saved in SMART.

That was in 2012.

The OIG team also found that “several major conditions impede the use of record emails: an absence of centralized oversight; a lack of understanding and knowledge of record-keeping requirements; a reluctance to use record email because of possible consequences; a lack of understanding of SMART features; and impediments in the software that prevent easy use.”

To show how misunderstood is the requirement to save record emails, see the following chart. The U.S. Embassy in Hanoi had 993 record emails compared to US Embassy Islamabad that only had 121 record emails preserved. The US Consulate General in Guangzhou had 2 record emails while  USCG Ho Chi Minh City had 539. It looks like the US Embassy in Singapore with 1,047 record emails had the highest record emails preserved in 2013. The frontline posts like Baghdad had 303, Kabul had 61, Sana’a had 142 and Tripoli had 10 record emails in 2013. The only explanation here is that the folks in Singapore had a better understanding of record email requirements than the folks in our frontline posts. Given that the turn-over of personnel at these frontline posts is more frequent, this can have consequential outcome not just in the public’s right to know but in continuity of operations.

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Again, via the OIG:

Many inspections of embassies and bureaus have found that the use of SMART and the record email function are poorly understood. This lack of understanding is one of the principal causes of the failure of U.S. embassies to use record email more often. The inspections show that many employees do not know what types of emails should be saved as record emails. The employees typically need more and clearer guidance and more training. OIG has made formal and informal recommendations to increase the use of record email, to write and distribute formal embassy or bureau guidance on record email, and to arrange for training.

The A/GIS/IPS office is under the Assistant Secretary for the Bureau of Administration, an office that reports to the Under Secretary for Management (M). The Bureau of Information Resource Management (IRM) also reports to M.

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NewsFlash: “The FAM is not a regulation; it’s recommendations.” Hurry, DECLINE button over there!

Posted: 12:30 pm EDT

 

“I don’t have the FAM in front of me. I can certainly check and see if there were certain policies, if there were regulations. The FAM is not a regulation; it’s recommendations.”

That’s a direct quote from the official spokesperson of the U.S. Department of State, Jennifer Psaki, who managed to change internal agency policy in just eight words during the Daily Press Briefing on March 10, 2015. Here is a screenshot from the transcript that you may look at just as soon as you’ve picked up your jaw from the floor.

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click on image for larger view

 

Dammit! Yahoo called the FAM “regulations.” It obviously has no idea there’s something wrong with its search engine!

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Okay, let’s try searching for this at the State Department’s official website at state.gov.

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Well, it turns out, those folks running the official agency website also have no idea they have this  all wrong. Calling the FAM “regs” is not acceptable because that stands for “regulations.” This would make us all think that the FAM is regulations. And according to the official spokesperson, the FAM is really just recommendations.  And if so, this must mean that the Foreign Affairs Manual is just a suggestion or proposal for the best course of action for State Department employees. Are folks subjected to it free to decline some or all those recommendations?

The Office of Directives Management must now change the URL from http://www.state.gov/m/a/dir/regs/ to http://www.state.gov/m/a/dir/recommendations/  — otherwise this will all lead to confusion.

But this is actually great news.

That FSO who was imposed charges to the amount of $14,804.01 by the State Department for packing, shipping, storing and repacking household effects (HHE) that included 44 boxes of marble tiles weighing 5871 pounds – may now go back and ask for a refund.  The specialist who was disciplined “for improper personal conduct and failure to follow regulations” following an extramarital sexual relationship with a local national and not informing his wife about the affair, may now go back and tell the FSGB that he’ll decline the State Department’s recommendations.

FSGB No. 2009-041:  The Department argues that the regulation in effect in 1999, 6 FAM 161.4 (currently 14 FAM 611.5(2)) clearly prohibits shipment and storage of construction materials as HHE.  As a Foreign Service Officer, grievant is responsible for knowing all of the applicable regulations.

FSGB No. 2011-051 (pdf):  Department regulations state the applicable policies regarding employee conduct that may result in disciplinary action. Grievant was obliged to know these regulations and to conform his conduct accordingly. 3 FAM 4130, Standards for Appointment and Continued Employment, provides guidelines for when disciplinary action may be taken against an employee. 3 FAM 4138 provides that disciplinary action may be taken for:

criminal, dishonest or disgraceful conduct (see section 3 FAM 4139.14); . . . conduct which furnishes substantial reason to believe that the individual may be or is being subject to coercion, improper influence, or pressure which is reasonably likely to cause the individual to act contrary to the national security or foreign relations of the United States; . . . conduct which clearly shows poor judgment or lack of discretion which may reasonably affect an individual or the agency’s ability to carry out its responsibilities or mission.

This is going to put the entire Foreign Service Grievance Board out of work, right?

Anyone who’s ever been cited for FAM infractions and/or been disciplined as a result of the contents in the Foreign Affairs Manual may consider ringing their lawyers.  All employees, presumably, are now welcome to decline any or all recommendations under the FAM?

Arrggghhh! Quit laughing. This isn’t funny!

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