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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Clinton Email Challenge Now a Sharknado, and Secretary Kerry Is Right to be “Concerned”

Posted: 2:13  pm PDT

 

This happened Thursday night. We drafted this post early morning but waited for a piece of information we wanted to see. So yup, overtaken by events.  In any case, you may now read the inspector generals memos referenced to in the NYT report here. See NYT: Criminal Inquiry Sought Over Clinton Emails? Read the Inspector Generals Memos.  We’re also waiting for the OIG to issue a clarification on the DOJ referral the NYT reported.

The memos went possibly from two IG offices — State Department Steve Linick and Intelligence Community Inspector General I. Charles McCullough, III — to the Under Secretary for Management Patrick Kennedy. The IGs memos are also cc’ed to one of the State Department’s deputy secretaries. It looks like, the memos or contents/snippets of it were shared with DOJ, as a DOJ official appears to be the NYT’s source for this story (see tweets below).

Here are the tweets from July 24:

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The report from the NYT includes the following:

— 1.  The memos were provided to The New York Times by a senior government official.

— 2.  The inspectors general also criticized the State Department for its handling of sensitive information, particularly its reliance on retired senior Foreign Service officers to decide if information should be classified, and for not consulting with the intelligence agencies about its determinations.

— 3.  The revelations about how Mrs. Clinton handled her email have been an embarrassment for the State Department, which has been repeatedly criticized over its handling of documents related to Mrs. Clinton and her advisers.

— 4.  Some State Department officials said they believe many senior officials did not initially take the House committee seriously, which slowed document production and created an appearance of stonewalling.

— 5.  State Department officials also said that Mr. Kerry is concerned about the toll the criticism has had on the department and has urged his deputies to comply with the requests quickly.

Today:

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On this whole email debacle at the State Department, it must be said that this might not have happened if not enabled by senior bureaucrats in the agency. We do not believe for a moment that senior officials were not aware about the email practices of then Secretary Clinton or the record retention requirement. But hey, if the practice was done for four years over the protests and dissent of officials at “M”, “A”, the Legal Adviser or the CIO, we’d like to see that email trail.

By the way, this NYT report follows a July 20 Politico report about a contentious hearing where U.S. District Court Judge Richard Leon demanded explanations for why some of the Associated Press’ FOIA requests received no reply for four years or more before the wire service filed suit in March.

“The State Department’s not going to have the luxury of saying, because we’re focusing on Hillary’s emails, we’re doing so at the cost and expense of four-year-old requests. So, that’s not going to be an excuse,” the judge said. “In my judgment, a four-year-old request gets a priority over a recent request.”

On Mr. Kerry’s concern about the toll the criticism has had on the department … the secretary is right to be concerned. Senior officials did not take Congress seriously?  Even if senior bureaucrats do not agree or approve of the conduct of the Select Committee, even if they think this is a sideshow seeking to derail a presidential campaign, the required document production is still part of their jobs. In my view, the most serious consequence on the appearance of stonewalling is it also gives the appearance that bureaucrats are picking sides in this political shitstorm.

This can potentially undermine the expectation of the State Department as an impartial and non-political entity. The perception, right or wrong, that this impartiality is compromised, will not serve it or its employees well in the long run.

You might like to read a couple previous posts on FOIA personnel, costs and the “persistent neglect of fundamental leadership responsibilities” that made this the Clinton email debacle a challenge of Sharknado proportion for the agency. (see Snapshot: State Dept FY2014 FOIA Personnel and Costs and State Dept FOIA Requests: Agency Ranks Second in Highest Backlog and Here’s Why).

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The Best Lines From “10 Ways to Fix America’s Ailing State Department”

Posted: 1:56 am EDT

 

Joseph Cassidy served 25 years in the Foreign Service. He joined the Service in 1989 and previously served in Georgetown, Nairobi, Windhoek, OSCE, USUN and Baghdad. He also served at IO, DRL, the WH, and as Special Assistant to P, INR and the Executive Secretariat. His most immediate assignment prior to retirement this past spring is Director of Policy and Regional and Functional Organizations at the Bureau of International Organizations.  He pens 10 fixes for America’s ailing State Department in Foreign Policy’s Argument column.

Here are the best lines, in no particular order, from his FP piece; in technicolor font, of course, because, why not?

1. “[I]t’s not clear what authority remains for State, other than delivering the diplomatic mail.”

2. “The regional bureau assistant secretaries occupy sixth floor offices beneath the secretary, and the functional bureau assistant secretaries fight like cats in a bag for the next best real estate.”

Image from xlestatx72.tumblr.com via buzzfeed

Image from xlestatx72.tumblr.com via buzzfeed

3. “There are certain exceptions to the rule that upper floors are closer to God (including some temporarily semi-powerful special envoys slumming it on the lower floors), but employees below the sixth floor can’t help but feel like passengers berthed in steerage on the Titanic.”

4. “This centralization of diplomatic interactions by senior officials who are not subject matter experts is a particular temptation at State because high-level diplomacy is, well, fun.”

5. “It is no wonder that senior officials are reticent, even if unconsciously, to devolve responsibility down, or that too many “kiss-up, kick-down” style mid-level managers covet that high-level life and manage as if their subordinates exist only to make them look good.”

6. “Limiting their numbers, and cutting the large number of semi-independent special envoys, can help restore a more sustainable hierarchy, instead of what we have now, which is like fielding a soccer team with nine strikers clustered around the opponent’s goal, and a goalie and single defender lonely in the backfield.”

7. “If the intent is to simultaneously demonstrate haughty disdain and weaselly incompetence, the midday press briefing ritual — badgering reporters cornering a backpedaling, defensive State spokesperson — is the perfect vehicle.”

YouTube is littered with fine examples

8. “[D]ecisions by the sorting hat don’t always match an officer’s interests and experience. And, like trying to move from Hufflepuff to Ravenclaw, changing one’s cone can be as unpleasant as the semiofficial department term for it: “conal rectification.”

9. “The department does have senior leaders with broad talents. But we also have too many who write beautifully but couldn’t organize a grade school lunch line. Others can speak authoritatively, but lack reporting experience beyond writing an annual holiday card, or can balance a budget but possess diplomatic skills more likely to produce enemies than allies for the United States.”

10. “Gryffindor’s quidditch team didn’t operate on the principle of “One Team, Multiple Systems” and neither should State.”

11. “Like the pack dogs in the movie Up constantly distracted by squirrels, too many senior officials spend too much time preoccupied with the urgent rather than the important.”

12. “State’s organizational culture is antiquate and inefficient, concentrating decisionmaking in the hands of a few extremely overburdened top officials.”

via Canadian FS Problems

via Canadian FS Problems

13.  “Every large organization should be on guard against groupthink among key leaders and morale problems stemming from their isolation from average employees.”

14. “We need to unlearn the harmful axiom that only senior State officials with broad mandates can and should think strategically.”

Read the full article at FP here (registration maybe required).

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Some reaction via Twitter:

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21.5 Million Americans Compromised, OPM’s Ms. Archuleta Still Not Going Anywhere

Posted: 1:36 am  PDT

Excerpt via opm.gov:

OPM announced the results of the interagency forensic investigation into the second incident.  As previously announced, in late-May 2015, as a result of ongoing efforts to secure its systems, OPM discovered an incident affecting background investigation records of current, former, and prospective Federal employees and contractors.  Following the conclusion of the forensics investigation, OPM has determined that the types of information in these records include identification details such as Social Security Numbers; residency and educational history; employment history; information about immediate family and other personal and business acquaintances; health, criminal and financial history; and other details.  Some records also include findings from interviews conducted by background investigators and fingerprints.  Usernames and passwords that background investigation applicants used to fill out their background investigation forms were also stolen.

While background investigation records do contain some information regarding mental health and financial history provided by those that have applied for a security clearance and by individuals contacted during the background investigation, there is no evidence that separate systems that store information regarding the health, financial, payroll and retirement records of Federal personnel were impacted by this incident (for example, annuity rolls, retirement records, USA JOBS, Employee Express).

This incident is separate but related to a previous incident, discovered in April 2015, affecting personnel data for current and former Federal employees.  OPM and its interagency partners concluded with a high degree of confidence that personnel data for 4.2 million individuals had been stolen.  This number has not changed since it was announced by OPM in early June, and OPM has worked to notify all of these individuals and ensure that they are provided with the appropriate support and tools to protect their personal information.

Analysis of background investigation incident.  Since learning of the incident affecting background investigation records, OPM and the interagency incident response team have moved swiftly and thoroughly to assess the breach, analyze what data may have been stolen, and identify those individuals who may be affected.  The team has now concluded with high confidence that sensitive information, including the Social Security Numbers (SSNs) of 21.5 million individuals, was stolen from the background investigation databases.  This includes 19.7 million individuals that applied for a background investigation, and 1.8 million non-applicants, predominantly spouses or co-habitants of applicants.  As noted above, some records also include findings from interviews conducted by background investigators and approximately 1.1 million include fingerprints.  There is no information at this time to suggest any misuse or further dissemination of the information that was stolen from OPM’s systems.

If an individual underwent a background investigation through OPM in 2000 or afterwards (which occurs through the submission of forms SF 86, SF 85, or SF 85P for a new investigation or periodic reinvestigation), it is highly likely that the individual is impacted by this cyber breach. If an individual underwent a background investigation prior to 2000, that individual still may be impacted, but it is less likely.

So, are we supposed to wait for another credit monitoring offer from OPM’s partners for this BI hack, after already being offered credit monitoring for the personnel data compromised in an earlier breach?

Yes. Wonderful.

Ms. Archuleta should do the right thing and resign.

Part of OPM’s public response to these breaches has been to protect the director’s record at the agency.  While she remains in charge, I suspect that the fixes at OPM will also include shielding the director from further damage. News reports already talk about OPM’s push back. Next thing you know we’ll have “setting the record straight” newsbots all over the place.

While it is true that Ms. Archuleta arrived at OPM with legacy systems still in operation, these breaches happened under her watch. Despite her protestation that no one is personally responsible (except the hackers), she is the highest accountable official at OPM.  Part and parcel of being in a leadership position is to own up to the disasters under your wings.  Ms. Archuleta should resign and give somebody else a chance to lead the fixes at OPM.

via reactiongifs.com

via reactiongifs.com

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“Corridor Reputation” Gets a Makeover, And OMG …. It’s Now Online!

Posted: 11:15 am  PDT
Updated: July 8, 5:28 pm PDT

 

Every spring, our Foreign Service folks get a stressful season added to their lives. It’s called the EER Season. It’s when most people in the Foreign Service must do their Employee Evaluation Review, their annual report cards. It’s like doing your own tax return. It’s painful. People hate doing it. But it must be done, and done well, if folks want that promotion.

One FSO once quipped about the wisdom of “scheduling EER due dates at the same time as your tax returns; at least you’re combining as much pain and suffering into as short a time as possible.”  Another describes it as “a period of several weeks during which the entire service withdraws to semi-hibernation in their offices to produce and push around the mountain of paper that is the annual Employee Evaluation Review.” The Daily Demarche calls it the Creative Writing Season at the State Department, writing, “It is only with slight exaggeration [they] I say some reports use phrases like “when Dick is not walking on water he is busy turning it into wine.”  

There are tips and tricks online on EER preparation, see this and this, both written by FS-bloggers, who by the way, are no longer blogging. Also read this old post from Life After Jerusalem, it’ll crack you up.

An old adage is repeated in the Foreign Service Journal: “The EER system doesn’t work, so all we can do is gossip to keep bad people from getting good jobs.”  

We’ve heard it said often enough that the EER gets you the promotion, but your corridor reputation gets you your next job. Is that still true?

In a perfect world, the performance evaluation report should be the most useful tool in getting an individual, as they say, on the right bus. But that’s not the case in the Foreign Service. The Foreign Service where the entrance requirement is proudly based on merit, actually bases its assignment process on who you know, and what’s often called “corridor reputation,” instead of ability and talent.

So it was only a matter of time… and bang! This happened.

We received the following note:

As I have worked as an FSO for the better part of a decade, I have experienced a lot of different types of employees.  Like many others, I have often wondered how certain people got promoted and why certain others did not.  I have pondered the ridiculousness of the current EER system and its  unnatural obsession with style over substance.  How many times do I really need to roll it back to step 4 to make a comma edit and should that really sink my chance at a promotion?  I have wished that I would have known going in that my new boss would be horrible, and I have wished I could tell the world by boss was awesome.

Eventually, I came to the conclusion that Department needs a place to discuss the performance of people.  It has to be outside official channels and done in a way so others feel like they can comment without reprisal.  After this realization, a long period of denial, and more than a few sleepless nights, the site http://www.corridorrep.com was born.  It is limited only to people with a state.gov email address and does not pretend to be any type of official or statistically valid tool.  It is just a forum for openly discussing the performance of others.  The hope is that by providing visible access to one’s corridor reputation, the good performers get publically recognized and the not so good ones know where they can improve.  Is this risky? Yes.  Will people be offended?  Probably.  Will I get sued?  Maybe.  Is it needed?  I think so.

Regular folks who get frustrated long enough with the process long acknowledged to be broken will occasionally roll the dice.

According to its Terms of Use, http://www.corridorrep.com is owned by Transparency in Government Performance, LLC, registered out of Arizona. Its intended users are “employees of the U.S. State Department and other government agencies as determined by the site administrator. The purpose of this site is to provide mechanism for rating employees based on a 5-star rating system.  It will allow users to view their own individual rating, as well as highlight top performers.  Users will access the site to see how they have been rated and to rate others.”

The site’s stated goal is to rate 5,000 employees. It has 26 ratings right now.  We are unable to read the full reports but one of those “Recently Liked” under “Poor Performer” starts with “It was the longest tour of my life…”  Another one under “Officer Bob” starts with “It was a dark and stormy…”

In order to use the site, users “must provide” their state.gov email address. “This is only used to ensure that Department employees can access the site. Your confirmation email will be sent to this address and once you confirm your account none of your activity will be traceable to it.” The site says that registration is limited to U.S. Department of State employees at this time, but may be extended to include other agencies as determined by the site administrator.

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Note:  Thanks for all your tips. Since the owner of the LLC who operates this new site has not self-identify as site administrator of CorridorRep.com, we will not identify that individual in this blog at this time. We have reached out to the site  administrator and will update when we hear more.  

OPM Director Writes Investigation “Update” on Data Breach on July 4th, 8 p.m. Yawn. Rumble Burble CYA

Posted: 3:14 am  EDT

 

Katherine Archuleta who remains OPM director following the drip, drip, drip reports on the OPM data breach wrote a blog post at 8 pm on Saturday, July 4th, updating the “hardworking Federal workforce” on the “Cyberintrustion Investigation.”

The update does not provide any real update on the investigation, except to say they hope to have something this week. Two sentences on the investigation from an eight para message. Oy!

The purpose of the message appears to be — to show that the director is working on a Federal holiday. At 8 pm, too. While you all are celebrating the Fourth of July, the OPM director who is “as concerned about these incidents as you are,” is writing a blog post, and talking about the “tireless efforts” of her team. She wants folks to know that she “shares your anger,” and that she remains “committed to improving the IT issues that have plagued OPM for decades.” She also writes that she is “committed to finishing the important work outlined” in her Strategic IT Plan.

Hey, no one is personally responsible for this breach except the hackers, and it looks like Ms. Archuleta is committed enough that she won’t be going anywhere. No, not even to go back in time.

Here’s the part of her message that gave me a nasty headache. She writes, “I encourage you to take some time to learn about the ways you can help protect your own personal information.” 

Ay, holy molly guacamole!

May I also encourage OPM to take some time to learn about the ways it can help protect the personal information of Federal employees, job applicants, retirees and contractors, and their family members, because why not? See this timeline:
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Cybersecurity is already a priority in our lives and work. We’re all in this great mess because it wasn’t a priority for OPM.  I certainly welcome more substantive details of this breach but these updates that are nothing more than rumble burble CYA are mighty useless, and they don’t do  anything to improve my perception of OPM or its leadership.

Dear White House. Please.Make.Her.Stop.

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Via opm.gov

As our hardworking Federal workforce enjoys a much-deserved holiday weekend, I want to share a quick update on the ongoing investigation into the recent theft of information from OPM’s networks.

For those individuals whose data may have been compromised in the intrusion affecting personnel records, we are providing credit monitoring and identity protection services. My team has worked with our identity protection contractor to increase staff to handle the large volume of calls, and to dramatically reduce wait times for people seeking services. As of Friday, our average wait time was about 2 minutes with the longest wait time being about 15 minutes.

Thanks to the tireless efforts of my team at OPM and our inter-agency partners, we also have made progress in the investigation into the attacks on OPM’s background information systems. We hope to be able to share more on the scope of that intrusion next week, and in the coming weeks, we will be working hard to issue notifications to those affected.

I want you to know that I am as concerned about these incidents as you are. I share your anger that adversaries targeted OPM data. And I remain committed to improving the IT issues that have plagued OPM for decades.

One of my first priorities upon being honored with the responsibility of leading OPM was the development of a comprehensive IT strategic plan, which identified security vulnerabilities in OPM’s aging legacy systems, and, beginning in February 2014, embarked our agency on an aggressive modernization and security overhaul of our network and its systems. It was only because of OPM’s aggressive efforts to update our cybersecurity posture, adding numerous tools and capabilities to our networks, that the recent cybersecurity incidents were discovered.

I am committed to finishing the important work outlined in my Strategic IT Plan and together with our inter-agency partners, OPM will continue to evaluate and improve our security systems to make sure our sensitive data is protected to the greatest extent possible, across all of our networks.

We are living in an era where cybersecurity must be a priority in our lives at work and at home. I encourage you to take some time to learn about the ways you can help protect your own personal information. There are many helpful resources available on our website.

I’m wishing you a safe and relaxing 4th of July weekend.

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Burn Bag: Unclear on the concept?

Via Burn Bag:

During Ramadan our FSNs fast during the day. In an effort to build unity, our political section is holding its second offsite in 6 months for 7 Americans and 10 FSNs. They are paying a speaker over a thousand dollars to lecture on diversity in the workplace. Coffee breaks and a fancy lunch will be catered for the Americans. 

via Doctor Who Tumblr

via Doctor Who Tumblr

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FSNs – Foreign Service Nationals also known as Locally Employed Staff (LES).

Burn Bag: Ding! Ding! Ding! This Is Your ‘More Than Just Stupid’ Warning!

Via Burn Bag:

“A director of a regional diplomatic courier office has openly expressed he does not want to hire “women of childbearing age”. He achieves this by carefully examining candidates’ resumes when hiring to fill an EFM position. BBag, can you stop this stupidity, considering it’s from an FS-1?”

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EFM – eligible family member
FS01 – the highest rank in the regular Foreign Service, last step before the Senior Foreign Service; equivalent to a full Colonel in the military

Why this is more than just stupid? SCOTUS:

The Supreme Court decides International Union, UAW v. Johnson Controls and addresses the issue of fetal hazards. In this case, the employer barred women of childbearing age from certain jobs due to potential harm that could occur to a fetus. The Court rules that the employer’s restriction against fertile women performing “dangerous jobs” constitutes sex discrimination under Title VII. The Court further rules that the employer’s fetal protection policy could be justified only if being able to bear children was a bona fide occupational qualification (BFOQ) for the job. The fact that the job posed risk to fertile women does not justify barring all fertile women from the position.

The Supreme Court in Phillips v. Martin Marietta Corp. holds that Title VII’s prohibition against sex discrimination means that employers cannot discriminate on the basis of sex plus other factors such as having school age children. In practical terms, EEOC’s policy forbids employers from using one hiring policy for women with small children and a different policy for males with children of a similar age.

In Gibson v. West, the Supreme Court endorses EEOC’s position that it has the legal authority to require that federal agencies pay compensatory damages when EEOC has ruled during the administrative process that the federal agency has unlawfully discriminated in violation of Title VII.

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The U.S. Embassy of Curtailments — Hurry! Nominations Now Open

Posted: 12:44 am  EDT

 

One political ambassador went though five DCMs during his tenure as President George W. Bush’s ambassador in paradise. The whole two Bush terms. We even wrote a tanka about it.  Another political ambassador went through seven permanent and temporary DCMs in less than one term at US Embassy Luxembourg under President Obama.

There is no shortage of criticisms when it comes to the appointments of political ambassadors, of course. But let us point out to something good here. The political ambassadors know when to exit the stage, and that’s a good thing. Even if we’ll never know for sure how hard or how lightly they’re pushed to exit right, we know that they will not be candidates in the State Department’s well-oiled recycling program.

So, what should we make about news of curtailments from an embassy headed by a career ambassador when the official report is handled with such a, um… soft touch?

  • Embassy Tallinn’s single-officer consular section suffered successive curtailments of assigned officers in the 20 months between February 2013 and September 2014. During that period, eight temporary duty officers provided approximately 10 months of management coverage.
  • Management operations at Embassy Tallinn were recently disrupted for a 6-month period because of curtailments in the management and general services officer positions.

Wait — that’s three positions, aren’t we missing a few more? The consular section had successive curtailments? Like — how many? There was a year-long gap in the political officer position; was that gap a result of another curtailment?

The IG report on Embassy Tallinn does not answer those questions and does not elaborate the reasons for these personnel gaps and curtailments, which we are told are “old news.”

But see — people do not take voluntary curtailments lightly. Not only do they need to unpack, repack, unpack again their entire household, kids have to be pulled out of schools, pets have to be shipped and there may be spouses jobs that get interrupted.  And most of all, in a system where assignments are made typically a year before the transfer season, curtailments mean the selection for the employee’s next assignment back in DC or elsewhere contains pretty slim pickings.   The employee may even be stuck in a “bridge” assignment that no one wants. So, no, curtailments are not easy fixes, they cause personal and office upheavals, and people generally avoid doing them unless things get to a point of being intolerable.

In any case, we like poking into “old news” … for instance, we are super curious if the curtailed personnel from Tallinn similarly decamped to Baghdad or Kabul like those curtailments cited in the OIG report for US Embassy Luxembourg? No? Well, where did they go … to Yekaterinburg?

Did they curtail for medical reasons, that is, was post the cause of their ailments? And no, we have it in excelent authority that no one has microwaved Embassy Tallinn like the good old days in Moscow.

The report says there were curtailments and that “stronger leadership from the Ambassador and his greater adherence to Department of State rules and regulations are necessary.”

Also that the “most significant findings concern the need for stronger leadership from the Ambassador and his greater adherence to ethics principles, Equal Employment Opportunity (EEO) guidelines, and security policies.”

Wow!  This report is mighty short on details, what happened?

We take special note on the use of the following words: Strong-er. Great-er.  Both comparative adjectives, see? Suggesting that chief of mission (COM) already has strong leadership and great adherence to principles and policies.

And this is the report’s most significant findings? That the COM just need to move the dial a notch up?

Are the fine details on  ethics, EEO, security flushed out to the Classified Annex of this report, to entertain a limited readership with “need to know” badges? And their inclusion in the annex is for national security reasons?

Strong-er. Great-er.  Sorry folks, but it must be said, a heck of a crap-per. Additional post to follow.

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