Category Archives: Org Culture

Foreign Service, Civil Service: How We Got to Where We Are (via FSJ)

– Domani Spero

 

Harry Kopp, a former FSO and international trade consultant, was deputy assistant secretary of State for international trade policy in the Carter and Reagan administrations; his foreign assignments included Warsaw and Brasilia. He is the author of Commercial Diplomacy and the National Interest (Academy of Diplomacy, 2004). He is also the coauthor of probably the best guide to life in the Foreign Service, Career Diplomacy: Life and Work in the U.S. Foreign Service (Georgetown University Press, 2011).  Last May, on the 90th anniversary of AFSA and the U.S. Foreign Service he wrote the piece, Foreign Service, Civil Service: How We Got to Where We Are for the Foreign Service Journal. It deserves a good read.  Excerpt:

By 2009, State employed 12,018 members of the Foreign Service and 9,487 members of the Civil Service, a ratio of just 1.3 to 1.

Throughout this period, the emphasis that AFSA and other foreign affairs organizations placed on the unique characteristics of the Foreign Service clashed repeatedly with the emphasis of the department’s leadership on teamwork and unity of purpose. AFSA and other organizations were quick to criticize Secretary Powell when he changed the annual Foreign Service Day celebration to a more inclusive Foreign Affairs Day in 2001 and renamed the Foreign Service Lounge the Employee Service Center.

More seriously, AFSA fought a long and litigious campaign to block certain high-profile assignments of Civil Service employees to Foreign Service positions overseas, and to inhibit such assignments generally. These and other efforts to defend the distinction of the Foreign Service did not reverse the Service’s diminishing prominence in the Department of State and in the conduct of the country’s foreign relations. Nor did such efforts sit well with the department’s management, which tried under successive secretaries to make (in Secretary John Kerry’s words) “each component of our workforce … work together as one cohesive and vibrant team.”

The Foreign Service Act of 1980 is now 34 years old, the age of the Foreign Service Act of 1946 when it was replaced. The drafters of the 1980 legislation had no great admiration for the dual-service system, but like Secretaries Byrnes, Acheson and Rusk, they concluded that keeping it was preferable to attempting change. With two very different personnel systems—not to mention a large and growing cohort of appointees exempt from the disciplines of either—the Department of State lacks the cohesion and vibrancy Sec. Kerry has called for.

As of April 2013, there are 13,676 Foreign Service and 10,811 Civil Service employees in the State Department. Click here (pdf) for the historical number of Foreign Service and Civil Service employees from 1970-2012.  Full article republished below with permission from the Foreign Service Journal.

 

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The Cautionary Tale of Raymond Maxwell: When the Bureaucracy Bites, Who Gets The Blame?

– Domani Spero

 

Last week, we posted a Snapshot: State Dept Key Offices With Security and Related Admin Responsibilities and wondered why Raymond Maxwell’s former office as Deputy Assistant Secretary at the NEA Bureau did not get an organizational box. Our readers here may recall that Mr. Maxwell was one of the bureaucratic casualties of Benghazi.  Diplomatic Security officials Eric Boswell, Charlene Lamb, Steve Bultrowicz and NEA official, Raymond Maxwell were placed on paid administrative leave on December 19, 2012 following the release of the ARB Benghazi Report. On August 20, 2013, all four officials were ordered to return to duty. Mr. Maxwell officially retired from the State Department on November 30, 2013. Prior to his retirement he filed a grievance case with HR where it was denied and appealed the case to the Foreign Service Grievance Board where it was considered “moot and thus denied in its entirety.”

Our blog post last week, also received the following comment from Mr. Maxwell:

“[M]y grievance was found to have no merit by HR, and earlier this month, the FSGB found that the State Department made no errors in the way I was removed from my position, shamed and humiliated in the press, and placed on admin leave for nine months, Further, the FSGB found that I was not entitled to the public apology I sought in my grievance because I had retired. I have two options now. I can spend a great deal of money suing the Department in local courts, or I can let it go and move on with my life. My choice of the latter option neither erases the Department’s culpability in a poorly planned and shoddily executed damage control exercise, nor protects future foreign service officers from experiencing a similar fate. There is no expectation of due process for employees at State, no right to privacy, and no right to discovery.”

We spent the weekend hunting down Mr. Maxwell’s grievance case online; grievants’ names are redacted from the FSGB cases online. When we finally found it, we requested and was granted Mr. Maxwell’s permission to post it online.

The Maxwell case teaches us a few hard lessons from the bureaucracy and none of them any good. One, when you fight city hall, you eventually get the privilege to leave the premises. Two, when you’re run over by a truckload of crap, it’s best to play dead; when you don’t, a bigger truckload of crap is certain to run you over a second or third time to make sure you won’t know which crap to deal with first. But perhaps, the most disappointing lesson of all — all the good people involved in this shameful treatment of a public servant  — were just doing … just doing their jobs and playing their roles in the proper functioning of the service. No one stop and said, wait a minute …. They tell themselves this was such a  sad, sad case; they feel sorry for how “Ray” was treated. It’s like when stuff happens, or when it falls — se cayó. No one specific person made it happen; the Building made them do it. The deciding officials apparently thought, “This was not an easy matter with an easy and obvious resolution.” Here — have a drink, it’ll make you feel better about looking the other away.  See he was “fired” but he wasn’t really fired.  He was prevented from entering his old office, and then not really. Had he kept quiet and did not write those poems …who knows, ey …

We’re embedding two documents below –1) Maxwell’s FSGB case, also available online here (pdf); and 2) an excerpt from the Oversight Committee report that focused on Mr. Maxwell’s  alleged “fault” over Benghazi. Just pray that this never happens to you.

 

 

Below excerpted from the House Oversight Committee report on ARB Benghazi:

 

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We’re Sending This ‘We Meant Well’ Career Diplomat as Ambassador to Qatar

– Domani Spero

 

This week, we blogged about the former AFSA presidents asking the Senate to postpone consideration of FSO Dana Shell Smith’s nomination as ambassador to Qatar until the Foreign Service Grievance Board (FSGB) has made a decision in the case related to Ms. Smith and Susan Johnson, another senior FSO and the immediate past president of the organization (see Former AFSA Presidents to SFRC: Delay Approval for FSO Dana Smith as Qatar Ambassador).

On the same day, the Senate Foreign Relations Committee (SFRC) cleared Ms. Smith’s nomination for the Senate’s full vote.  We’ve covered these nominations long enough to understand that the Senate seldom ever listen to the concerns of constituents unless they are aligned to the senators’ self-interest or their pet items.

  • In 2012, Senator Marco Rubio (R-FL) announced his intent to oppose the nominees for WHA, including the nominee for Ecuador, Adam Namm due to what he called this Administration’s policy towards Latin America defined by “appeasement, weakness and the alienation of our allies.”  He was eventually confirmed.
  • On December 15, 2011, 36 conservative foreign policy experts have written to ranking senators to plead for the confirmation of Matthew Bryza as ambassador to Azerbaijan to no avail. WaPo  nominated two senators, Sens. Barbara Boxer (D-Calif.) and Robert Menendez (D-N.J.) who placed a hold on the Bryza nomination with the Most Craven Election-Year Pandering at the Expense of the National Interest Award.  Ambassador Bryza eventually quit the Foreign Service and became the Director of the International Centre for Defence Studies in Tallinn, Estonia.
  • In April this year, fifteen former presidents of the American Foreign Service Association (AFSA)wrote a letter to Senate leaders calling for the rejection of three nominees for ambassadorships: George Tsunis (Norway); Colleen Bell (Hungary) and Noah Mamet (Argentina).  All these nominees have now been endorsed by the SFRC and are awaiting full Senate vote. The only nomination that could potentially be in real trouble is Tsunis. Minnesota Sens. Amy Klobuchar and Al Franken have said they oppose his nomination.  Apparently, every member of the Minnesota U.S. House delegation signed  a letter to President Obama asking him to rescind his nomination of GeorgeTsunis as ambassador to Norway.  Why Minnesota? It is home to the largest Norwegian-American population in the United States.So is this nomination dead?  Nope. If the Democrats in the Senate vote for Tsunis without the Klobuchar and Franken votes, he could still get a simple majority, all that’s required for the confirmation. Correction (h/t Mike D:  Senators Tim Johnson (D-SD) is on the record here opposing the Tsunis nomination.  Senator Heidi Heitkamp (D-ND) said she, too, will not support the Tsunis nomination. So if all the Democrats in the Senate  minus the four senators vote in favor of the Tsunis nomination, that’ll be 49 votes, two vote short of a simple majority.  Let’s see what happens.

So, back to Ms. Smith, the State Department nominee as ambassador to Qatar. We think she will eventually be confirmed.  Her ‘Certificate of Competency” posted online says:

Dana Shell Smith, a career member of the Senior Foreign Service, class of Minister-Counselor, currently serves as Senior Advisor to the Under Secretary for Public Diplomacy and Public Affairs in the Department of State. Known as a linguistic, cultural and policy expert on the Middle East, she understands the region well and can effectively present major U.S. policy issues to diverse audiences. Her leadership, management and public affairs expertise, as well as her interpersonal skills and creativity, will enable her to advance bilateral relations with the Government of Qatar, an important U.S. partner in managing the problems of the Middle East.

Dang! That is impressive but it missed an important accomplishment.

Until her nomination as Ambassador to Qatar, Dana Smith Ms. Smith served as the Principal Deputy Assistant Secretary of State in the Bureau of Public Affairs (2011-2014).  Does that ring a bell?  Oh, how quickly we forget. Ms. Smith was the PA official who told Peter Van Buren’s book publisher, Macmillan, that the Department has “recently concluded that two pages of the book manuscript we have seen contain unauthorized disclosures of classified information” in We Meant Well. (See “Classified” Information Contained in We Meant Well – It’s a Slam Dunk, Baby!).

What did she actually tell MacMillan?  Let’s take a look:

 

Screen Shot 2014-06-25

click here to see entire letter (pdf)

 

This boo! strategy may be creative but also oh, so…. so… amateurish. Who thought Macmillan would buy this scaredy tactic?  Perhaps they should have threatened to buy all the copies and burn them all.  The really funny ha!ha! part about this is despite the charge that the book contained “unauthorized disclosures of classified information” the formal State Department charges filed against Mr. Van Buren did not mention this and he was officially retired with full benefits. (See  After a Year of Serious Roars and Growls, State Dept Officially Retires FSO-Non Grata Peter Van Buren).

We Meant Well is now on second edition on paperback and hardback.  We understand that the book is also used as a text at colleges and at various US military schools but not/not at the Foreign Service Institute.  This past April, Mr. Van Buren also published his new book, Ghosts of Tom Joad: A Story of the #99Percent. As Iraq falls apart, we thought we’d check on Mr. Van Buren. He told us there is no truth to the rumor that he will retitle WMW to “I Told You So.”

This is an old story, of course, that folks would like to forget.  Dirty laundry aired so publicly, ugh!  So most people have moved on, got awards, promotions, moved houses, new jobs, and sometimes, they may even end up as ambassador to places where people express dissent only in whispers and always off the record.

Perfection in the universe.

 

 

 

 

 

 

 

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The U.S. Foreign Service Turns 90, What Will It Be Like in 50 Years?

– Domani Spero

There was a big do in Foggy Bottom last night celebrating the 90th anniversary of the modern Foreign Service founded on May 24, 1924 when the Diplomatic and Consular Services were unified under the Rogers Act (named for Representative John Jacob Rogers of Massachusetts). Former Secretary Colin Powell and former Senator Lugar, as well as other friends of the Service were in attendance.  Secretary Kerry, the 68th Secretary of State and the son of former Foreign Service officer, Richard John Kerrydelivered the remarks. Excerpt:

Ninety years ago the Foreign Service was just absolutely unrecognizable compared to what it is today. Back then we had fewer than 700 Foreign Service officers and now we have more than 13,000. Back then we had no female chiefs of mission – none. Now we have more than 40. And I’m proud to tell you that right now in this Department five out of six of our regional Assistant Secretaries are women; four out of six of our Under Secretaries are women; and we are joined tonight – since we have two Deputy Secretaries of State, 50 percent are women, and one of them is here. Heather Higginbottom, sitting right over here. So I think that’s a great record. 

U.S. Secretary of State John Kerry delivers remarks at an event celebrating the 90th Anniversary of the United States Foreign Service at the U.S. Department of State in Washington, D.C., on May 22, 2014. The modern Foreign Service was created on May 24, 1924, with the passage of the Rogers Act establishing the current merit-based, professional Foreign Service. [State Department photo/ Public Domain]

U.S. Secretary of State John Kerry delivers remarks at an event celebrating the 90th Anniversary of the United States Foreign Service at the U.S. Department of State in Washington, D.C., on May 22, 2014. The modern Foreign Service was created on May 24, 1924, with the passage of the Rogers Act establishing the current merit-based, professional Foreign Service. [State Department photo/ Public Domain]

Former Secretary Colin Powell and former Senator Richard Lugar listen as U.S. Secretary of State John Kerry delivers remarks at an event celebrating the 90th Anniversary of the United States Foreign Service at the U.S. Department of State in Washington, D.C., on May 22, 2014. The modern Foreign Service was created on May 24, 1924, with the passage of the Rogers Act establishing the current merit-based, professional Foreign Service. [State Department photo/ Public Domain]

Former Secretary Colin Powell and former Senator Richard Lugar listen as U.S. Secretary of State John Kerry delivers remarks at an event celebrating the 90th Anniversary of the United States Foreign Service at the U.S. Department of State in Washington, D.C., on May 22, 2014. The modern Foreign Service was created on May 24, 1924, with the passage of the Rogers Act establishing the current merit-based, professional Foreign Service. [State Department photo/ Public Domain]

Back then, when it started, we had only one African American Foreign Service officer. One. A man named Clifton Wharton. I happened to know of him way back when because my dad actually worked for him way back in those early days. Now we have nearly a thousand African American Foreign Service officers following in his footsteps.
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And in 1924, House Resolution 6357 passed Congress and it gave birth to the modern Foreign Service. Now to quote Rogers: “The promise of good diplomacy is the greatest protector of peace.” And our hope is that people will recognize that 90 years from that moment, that is exactly what the Foreign Service has done. 

See the full Remarks at the 90th Anniversary of the United States Foreign Service.

The U.S. Foreign Service has more than 90 years of history, of course. According to the State Department historian, from 1789 until 1924, the Diplomatic Service, which staffed U.S. Legations and Embassies, and the Consular Service, which was primarily responsible for promoting American commerce and assisting distressed American sailors, developed separately.  

The first Act of Congress providing for U.S. consuls abroad was passed on April 14, 1792. Except for the consuls appointed to the Barbary States of North Africa (who enjoyed quasi-diplomatic status when Muslim countries did not maintain permanent missions abroad), U.S. consuls received no salary and were expected to earn their livings from private trade or from fees charged for official services. Some of these officials did not start getting paid until 1856 when Congress established a salary between $1,000 and $7,500 per year.

In 1781, we had 4 diplomatic posts and 3 consular posts.  By 2010, we had 168 diplomatic and 89 consular posts. In 1781, the State Department also had 4 domestic and 10 overseas personnel. By 1940, this grew to 1,128 domestic personnel and 840 staff overseas. The largest bump in staffing occurred in the 1950s when domestic personnel expanded to 8,609 employees and the Foreign Service grew to 7,710 overseas staff.    By the time the Foreign Service Act of 1980 became law, there were 3,438 Civil Service employees and 9,326 Foreign Service.  When USIA was integrated into the State Department, there were 6,958 CS employees and 9,238 FS employees. The Diplomatic Readiness Initiative (DRI) in 2005 boosted the staffing numbers to 8,098 CS employees and 11,238 FS employees. In 2012, there were 13,676 FS employees of 55% of the total agency employees and 10,811 CS employes or 45% of State employees.

The question we have is what will the Foreign Service look like when it turns 100 in 2024? The DRI hires will be in senior management positions in 10 years. How will their experience help them manage a new generation of diplomats?

In the past decade, we have seen an increase in unaccompanied assignments, and in the number of male eligible family members. The number of danger posts, as well, as the number of priority posts have also expanded.  A good number of junior diplomats have started their careers in war zone assignments in Iraq, Afghanistan, Libya; some more were sent to restricted assignments in Pakistan, Yemen, and various countries under civil strife. We have Diplomatic Security agents moving from one priority posting to the next priority posting; rinse that and repeat. We don’t how many PTSD cases and non-natural deaths occur among FS members but we know they exist.

These folks will all come “home” one day to a Foreign Service where some have never served in the front line states.  We hope somebody at the State Department is thinking and planning for that day. Or maybe that day is already here since there is already a divide between those perceived to be conducting “real diplomacy” and those who are not; with some considering an assignment in a war zone as not being “actual diplomacy.” There are also folks annoyed that FSOs who serve in war zones get much more money and received favorable treatment on promotions.

Something is happening in the Foreign Service. What will it be like in fifty years?

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Quote of the Day: “I want it on my desk in one week, or I’m going to the Washington Post”

– Domani Spero

Ambassador Richard E. Hoagland, the Principal Deputy Assistant Secretary of the Bureau of South and Central Asian Affairs (SCA) gave his remarks at the 2014 Johns Hopkins School of Advanced International Studies Pride Conference on April 16, 2014.

The following is an excerpt:

On June 5, 1985, on my way to my very first day of training as a newly-minted U.S. diplomat, I glanced across our national Mall and saw the U.S. Capitol and its iconic dome. My heart was bursting with pride in the career I was embarking on to serve my country. At the very same time, I said to myself – and I meant it – “No one will ever hurt me because I am gay.” Yes, that was about 15 years after Stonewall, but it was also only about 30 years after the McCarthy purges of hundreds of gay diplomats and other public servants from the U.S. government. During the very first close-door briefing we newly-minted diplomats had from Diplomatic Security, we heard, “We don’t want homosexuals in the Foreign Service. If you are, we’ll hunt you down and drum you out!” I thought, “Yeah, you just try it.”

Although it was becoming a gray area, by the beginning of the 1990s, it was still possible that one’s security clearance could be jeopardized for being gay. After five years, it was time for my security clearance to be renewed, and – yes – it was held up for months and months. I finally got fed up. I went to the head of Diplomatic Security and said, “You have no reason to deny my security clearance. I want it on my desk in one week, or I’m going to the Washington Post.” It was on my desk in one week. Ten years later, by 2000, it was still nearly a radical act to include material about LGBT rights in the State Department’s annual Country Human Rights Reports. It wasn’t until just a handful of years ago that then-Secretary of State Hillary Clinton declared in a major speech at the United Nations in Geneva, “LGBT rights are human rights. Period.”
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In closing, let me add one personal word of caution. There are times and places where I believe we need to temper our idealism with at least a certain degree of realpolitik. In our desire to do good, we should never forget the terribly important maxim, “First do no harm.” There are countries in the world, whether religiously or culturally deeply conservative, that will react to our values and goals with backlash against their own LGBT citizens. We should maintain enough humility to remember that we are terribly new at promoting LGBT human rights as U.S. foreign policy. Of course we want to do good – but we should do it, with patience, in a way that results in the maximum benefit for those we want to help.

Read the full remarks here.

Ambassador Hoagland, a career diplomat was previously U.S. Ambassador to Kazakhstan (2008-2011), and U.S. Ambassador to Tajikistan (2003-2006).  Life After Jerusalem recently posted about the five current ambassadors who are openly gay (see What’s Wrong With This Picture?). All five are also non-career political appointees.

Not too long ago….

According to David K. Johnson, author of The Lavender Scare: the Cold War Persecution of Gays and Lesbians in the Federal Government, a 1952 procedures manual for security officers contained a nine-page section devoted entirely to homosexuality, the only type of security offense singled out for such coverage.  The book describes what took place “inside security interrogation rooms where thousands of Americans were questioned about their sex lives.” It was referred to as “homosexual purges” which “ended promising careers, ruined lives, and pushed many to suicide.” At the British Foreign Office, things were no better, Ambassador Charles Crawford’s 2010 piece, The love that dared not speak its name in the Foreign Office is a must read.

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GAO: State Dept Management of Security Training May Increase Risk to U.S. Personnel

– Domani Spero

The State Department has established a mandatory requirement that specified U.S. executive branch personnel under chief-of-mission authority and on assignments or short-term TDY complete the Foreign Affairs Counter Threat (FACT) security training before arrival in a high-threat environment.

Who falls under chief-of-mission authority?

Chiefs of mission are the principal officers in charge of U.S. diplomatic missions and certain U.S. offices abroad that the Secretary of State designates as diplomatic in nature. Usually, the U.S. ambassador to a foreign country is the chief of mission in that country. According to the law, the chief of mission’s authority encompasses all employees of U.S. executive branch agencies, excluding personnel under the command of a U.S. area military commander and Voice of America correspondents on official assignment (22 U.S.C. § 3927). According to the President’s letter of instruction to chiefs of mission, members of the staff of an international organization are also excluded from chief
-of-mission authority. The President’s letter of instruction further states that the chief of mission’s security responsibility extends to all government personnel on official duty abroad other than those under the protection of a U.S. area military commander or on the staff of an international organization.

The Government Accountability Office (GAO) recently released its report which examines (1) State and USAID personnel’s compliance with the FACT training requirement and (2) State’s and USAID’s oversight of their personnel’s compliance. GAO also reviewed agencies’ policy guidance; analyzed State and USAID personnel data from March 2013 and training data for 2008 through 2013; reviewed agency documents; and interviewed agency officials in Washington, D.C., and at various overseas locations.

High Threat Countries: 9 to 18

The June 2013 State memorandum identifying the nine additional countries noted that personnel deploying to three additional countries will also be required to complete FACT training but are reportedly exempt from the requirement until further notice. State Diplomatic Security officials informed the GAO that these countries were granted temporary exceptions based on the estimated student training capacity at the facility where FACT training is currently conducted. We know from the report that the number of countries that now requires FACT training increased from 9 to 18, but they are not identified in the GAO report.

“Lower Priority” Security Training for Eligible Family Members

One section of the report notes that according to State officials, of the 22 noncompliant individuals in one country, 18 were State personnel’s employed eligible family members who were required to take the training; State officials explained that these individuals were not aware of the requirement at the time. The officials noted that enrollment of family members in the course is given lower priority than enrollment of direct-hire U.S. government employees but that space is typically available.

Typically, family members shipped to high-threat posts are those who have found employment at post. So they are not just there accompanying their employed spouses for the fun of it, they’re at post to perform the specific jobs they’re hired for. Why the State Department continue to give them “lower priority” in security training is perplexing. You know, the family members employed at post will be riding exactly the same boat the direct-hire government employees will be riding in.

Working Group Reviews

This report includes the State Department’s response to the GAO. A working group under “M” reportedly is mandated to “discover where improvements can be made in notification, enrollment and tracking regarding FACT training.” The group is also “reviewing the conditions under which eligible family members can and should be required to complete FACT training as well as the requirements related to personnel on temporary duty assignment.”

Excerpt below from the public version of a February 2014 report:

Using data from multiple sources, GAO determined that 675 of 708 Department of State (State) personnel and all 143 U.S. Agency for International Development (USAID) personnel on assignments longer than 6 months (assigned personnel) in the designated high-threat countries on March 31, 2013, were in compliance with the Foreign Affairs Counter Threat (FACT) training requirement. GAO found that the remaining 33 State assigned personnel on such assignments had not complied with the mandatory requirement. For State and USAID personnel on temporary duty of 6 months or less (short-term TDY personnel), GAO was unable to assess compliance because of gaps in State’s data. State does not systematically maintain data on the universe of U.S. personnel on short-term TDY status to designated high-threat countries who were required to complete FACT training. This is because State lacks a mechanism for identifying those who are subject to the training requirement. These data gaps prevent State or an independent reviewer from assessing compliance with the FACT training requirement among short-term TDY personnel. According to Standards for Internal Control in the Federal Government , program managers need operating information to determine whether they are meeting compliance requirements.

State’s guidance and management oversight of personnel’s compliance with the FACT training requirement have weaknesses that limit State’s ability to ensure that personnel are prepared for service in designated high-threat countries. These weaknesses include the following:

  • State’s policy and guidance related to FACT training—including its Foreign Affairs Manual , eCountry Clearance instructions for short-term TDY personnel, and guidance on the required frequency of FACT training—are outdated, inconsistent, or unclear. For example, although State informed other agencies of June 2013 policy changes to the FACT training requirement, State had not yet updated its Foreign Affairs Manual to reflect those changes as of January 2014. The changes included an increase in the number of high-threat countries requiring FACT training from 9 to 18.
  • State and USAID do not consistently verify that U.S. personnel complete FACT training before arriving in designated high-threat countries. For example, State does not verify compliance for 4 of the 9 countries for which it required FACT training before June 2013.
  • State does not monitor or evaluate overall levels of compliance with the FACT training requirement.
  • State’s Foreign Affairs Manual notes that it is the responsibility of employees to ensure their own compliance with the FACT training requirement. However, the manual and Standards for Internal Control in the Federal Government also note that management is responsible for putting in place adequate controls to help ensure that agency directives are carried out.

The GAO notes that the gaps in State oversight may increase the risk that personnel assigned to high-threat countries do not complete FACT training, potentially placing their own and others’ safety in jeopardy.

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Advancement for Women at the State Department: Learning From Best Practices

– Domani Spero

On March 8, we posted Women in the Foreign Service — go own the night like the Fourth of July!. We only recently discovered FSO Margot Carrington’s paper on Advancement for Women at State: Learning From Best Practices which was written during a sabbatical sponsored by the Una Chapman Cox (UCC) Foundation and the State Department.  Ms. Carrington was the 2010-2011 Una Chapman Cox Sabbatical Fellow.

Ms. Carrington writes, “When I look at the leadership of my organization, I still see too few women. And, as many have noted, it appears that many women who do make it to the top are single or childless. Women who have successfully sustained a career and a family appear to be few and far between.”

What do you see?

See pages 26-29 for a Summary of Recommendations. Should be interesting to see how many of the recommendations here have been considered and implemented by State.  Thanks for Ms. Carrington and the Cox Foundation for permission to share this paper here.

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State/OIG: No More Ambassador Report Cards Cuz They’re Not as Sexy as Debarments?

– Domani Spero

Update, February 28, 2014, 4:23 pm -This blog post has been updated to include a comment from State/OIG spokesman Douglas Welty.

In late January, we learned that the State Department’s Office of Inspector General  no longer issue “report cards” for ambassadors and senior officials during inspections at overseas missions. (See State/OIG Terminates Preparation of Report Cards for Ambassadors and Sr. Embassy Officials).

The Inspector General Office confirmed to us that the practice of preparing these Inspector’s Evaluation Reports (IERs) ended in April 2013.

According to the State/OIG, the official reason for ending the IERs is as follows; let’s call this Razón número #1:

It was an OIG decision, in part based on the points mentioned below that we will continue to comment on executive direction in the course of each inspection in the published report, and because we have seen progress with implementation of the recommendations in the memo report mentioned before (the 360 reviews noted in our 2012 memo report http://oig.state.gov/documents/organization/198810.pdf).

The OIG told Congress in oh, 2009, that the overriding purpose for the IERs is “to assure that upper level post management is not immune to criticism as a result of their positions of authority and physical distance from their own supervisors.”  The OIG was supposed to also issue “corrective” IERs for other employees, “when information surfaces that the EERs for such employees are inaccurate, either in a positive or negative direction.”

After we blogged about this, we received the following explanation from an unofficial source with connections to the relevant office. Here’s Razón número #2:

“The reason OIG stopped writing evaluations on Ambassadors, DCMs, and senior management is because the Department could not successfully challenge grievances by those Ambs, etc.  Because the evaluations were based on anonymous comments, grievance boards would throw them out.”

So the issue here is accountability versus due process, is it?

According to MSPB, due process under the Constitution requires that a tenured federal employee be provided “written notice of the charges against him, an explanation of the employer’s evidence, and an opportunity to present his side of the story.” Cleveland Board of Education v. Loudermill, 470 U.S. 532, 546 (1985). The Court has described “the root requirement” of the Due Process Clause as being “that an individual be given an opportunity for a hearing before he is deprived of any significant property interest.” Id. at 542 (emphasis in original). This requires a “meaningful opportunity to invoke the discretion of the decision maker” before the personnel action is effected. Id. at 543.

But as the cases below show, when these IERs are scrupulously done, the Grievance Board hold that the State Department is justified in keeping them on file.  We thought, it might be useful to dig up a few of these IER cases that ended up in the Foreign Service Grievance Board.

Here is a 1987 Foreign Service Grievance Board case G-093(7):

The inspectors’ Memorandum, Report M-3 laid out in detail what they called “serious problems related to the performance of the [title], [grievant], ” and urged that [grievant's] next post, [post], be warned.  The memorandum pointed to: “(A) difficulty in establishing her authority among junior officers and the FSN staff; (B) inability to resolve a festering personnel problem caused by the marginal performance of one FSN; (C) problems in organizing “her own work so as to prevent dysfunctional slowdowns in ; (D) difficulty in managing the system.”

This was issued as an IG memorandum, and the career counselor (or what you would call the Career Development Officer now) informed the onward assignment post that the inspectors had found grievant’s performance in country X wanting.  The FSGB notes in its decision that “had the inspectors’ findings been prepared in the form of an Inspector’s Evaluation Report instead of a memorandum report, copies would have gone only to [grievant], to her performance file, and to the rating inspector’s file.”

The Board find that “grievant has not shown that the criticisms of her performance in the inspection memorandum or the EER were false or that she should be promoted.” They also  find that a report of her performance problems should not have been sent to her next post.  The FSGB decision directed the Department to instruct Embassy [post] to destroy any existing copies of the [year], letter concerning grievant from his career development counselor.  It denied other relief requested by FSO-grievant.

A couple of examples of grievance cases related to IERs that were thrown out and the grievant prevailed:

FSGB Case No. 2008-018

Grievant, a mid-level career FSO, challenged an Inspector’s Evaluation Report (IER) assessing his performance during a 10-month period when he was chargé d’affaires at [Post].  The IER positively appraised grievant’s overall performance under difficult circumstances, but, based on questionnaire responses from and interviews with a “significant cross-section of American and local employees,” the IER concluded that grievant was prone to outbursts of anger that intimidated some of his staff.  Grievant’s efforts to discover the names and statements of the sources of this criticism were refused by the agency because the employees had been guaranteed confidentiality.  Grievant alleged that the IER was “falsely prejudicial, inaccurate, and highly unjust,” since it was based on a distorted and selective use of comments from a small number of dissatisfied personnel and on anonymous sources he could not challenge and because he had not been counseled regarding the performance criticized.

The Board held:  “Grievant met his burden of proof, establishing that critical comments in an Inspector’s Evaluation Report (IER) were inaccurate and of a falsely prejudicial character.  The agency may not rely on undisclosed anonymous or confidential sources without any independently verifiable evidence in the record to corroborate the criticism in the IER where grievant presents material evidence that directly contradicts that criticism.  The grievance was remanded for the parties to address the question whether grievant would have been promoted in [Year] or [Year], had the erroneous IER not been in his performance folder.”

FSGB 2008-012

The IER stated eleven negative factual findings or conclusions regarding grievant’s managerial performance as head of the [Named Section] during the evaluation period covered by the IER.  These deficiencies consisted, inter alia, of grievant lacking the interpersonal and leadership skills needed to mentor and guide entry level officers (ELOs) and causing or contributing to the resignation or early departure of ELOs in the [Named Section].  The findings and conclusions contained in a “corrective” Inspector’s Evaluation Report (IER) violate grievant’s rights either because they are contrary to the preponderance of the record evidence, they impermissibly have as their basis sources that remain anonymous or confidential, or they violate grievant’s substantive right to be counseled with an opportunity to improve.

FSGB directed the Department “to expunge the IER in its entirety from grievant’s Official Performance File (OPF) and if grievant has been low-ranked as a result of the inclusion of this IER in his OPF, the Department is directed to rescind such low rankings.”

Some examples of grievance cases related to IERs where the grievance was denied and the Board decided that the State Department was justified in keeping the IERs on file:

FSGB Case No. 2010-031

Grievant, an FS-01 officer serving as [Officer] in [Host Country], challenged an Inspector’s Evaluation Report (IER) assessing his performance during a 10 month period.  Mr. [Grievant] urged that the IER be expunged from his OPF because the IER process was procedurally flawed and unfair, five specific statements in the IER were falsely prejudicial and inaccurate, and he was not counseled during the evaluation period or given an opportunity to improve his performance.  If the IER were to remain in his file, it would jeopardize any future promotion.  Based on confidential interviews and questionnaires obtained from fifteen embassy staff members by the Office of the Inspector General (OIG), the IER concluded that grievant was partly responsible for some embassy officers’ consideration of curtailment from the post, that the grievant had trouble making decisions, that he incurred unnecessary delays because of excessive attention to detail, and that he missed deadlines.  Grievant was held responsible for several problems associated with his failure to focus on internal embassy management.

The grievance board denied this grievance in its entirety.  The FSGB held that “Grievant failed to meet his burden of proof to establish that an Inspector’s Evaluation Report (IER) was “falsely prejudicial and contain[ed] inaccurate, misleading statements obtained through improper methodology.”  The agency was justified in relying on anonymous, confidential sources which formed the basis of the criticisms within the IER.  Such information was independently corroborated and verified through questionnaires solicited from the same embassy staff that had provided the confidential information.  Grievant was provided with these subsequently obtained questionnaires, including the names of staff members who completed them.  Grievant failed to produce evidence that would cast doubt on the agency’s evidence, nor did he carry his burden to demonstrate that the IER process was in violation of due process or that he was not counseled appropriately. “

FSGB Case No. 2004-064

Grievant asserted that an IER prepared while he was Chargé at a post included false and inaccurate criticisms of his management style, was prepared in violation of the Department’s regulations, and was based on anonymous information from unverified sources.  He alleged that the Inspection team leader’s ill will toward him resulted in an unfairly biased and unbalanced evaluation.  He claimed that the low ranking he received by the 2004 Selection Board (SB) was based on the IER, and was procedurally defective because the SB did not adhere to the precepts when it low ranked him.

The Board denied the grievant’s appeal.  The FSGB held that “(1) An Inspector’s Evaluation Report (IER) concerning grievant by an OIG team leader was prepared in accordance with applicable procedures and regulations; grievant failed to carry his burden of proving bias of the team leader.  (2) Consideration of the IER as the principal basis for a low ranking by a selection board was proper and in accordance with the precepts.”

FSGB 2004-55

Grievant appealed the Department of State’s (agency) denial of his grievance centered on an Inspector’s Evaluation Report (IER) prepared while he was serving as the Deputy Chief of Mission at an American Embassy.  He alleges that the agency violated applicable law and regulation by the inclusion in his Official Performance Folder (OPF) of a materially false and inaccurate IER.  The IER, prepared following a post inspection conducted by the Office of the Inspector General (OIG), “did grievous injury to [his] professional reputation and career prospects through distorted and defamatory allegations of managerial negligence.”

The appeal was denied in its entirety.  The Board found that grievant had not provided persuasive evidence on argument in support of his contention that the inspection “was intentionally biased and consciously violated the letter and spirit of the OIG mandate and some FAM regulations,” and failed to overcome the presumption of regularity that attaches to the official acts of public officials.  This presumption, established by the federal courts, “supports the official acts of public officers, and in the absence of clear evidence to the contrary, courts presume that they have properly discharged their official duties.”  Furthermore, specific evidence is required to overcome the presumption that public officers have executed their responsibility properly.

FSGB 2004-056

{Grievant}, an FE-MC officer with the Department of State (Department, agency), appeals the agency’s denial of his grievance concerning an Inspector’s Evaluation Report (IER) that he received while serving as the U.S. Ambassador in {Host City, Host Country}.  He contends that the IER is inaccurate and false, and damaged his personal and professional reputation and career prospects.  The IER, while lauding grievant’s efforts to advance U.S. foreign policy initiatives, criticized his management skills.  For example, the IER found that some officers characterized grievant’s loss of temper, occasional yelling and inattention to management issues as dysfunctional and unprofessional.  Moreover, junior officers found his conduct intimidating and some questioned whether they would remain in the Foreign Service.

The Department maintains that the IER is accurate and that it was written and issued in accordance with applicable regulations.  Because it received letters of support for grievant, some from junior officers expressing second thoughts about what they had told the inspectors, the agency queried other officers who visited the Embassy at the time of or just after the inspection.  The latter officers confirmed the low morale and lack of proper attention to management issues that led to the critical IER.  The Board held that grievant failed to carry his burden of proof.  On many of the issues raised, grievant simply disagreed with the inspectors’ findings without offering any evidence to the contrary.  On other issues, evidence of grievant’s inappropriate behavior was documented by named witnesses, documents of record, and in some cases his own admissions. The grievance appeal was denied.

We hate to think that the State Department with all its smart people is unable to balance accountability with due process and simply gave up on this.  Folks, you’ve litigated the use of official letterhead, in the past; isn’t this more important than the alleged misuse of official letterhead?

Then, while we were not looking, we received an owl delivery with the following howler from Diagon Alley. Enter Razón número #3:

“Don’t hold your breath–IERs went away BECAUSE of AFSA, not despite it.  New IG is mostly interested in cost-savings and debarments (wants to compete with SIGIR/SIGAR); considers leadership/management issues to be Department’s concern, not IG’s; and has been convinced by Hill/GAO that FS experience is problematic.  Inspection division doesn’t know what hit it.”

Oh dear, doesn’t that make you feel totally like  …

via http://replygif.net/127

via replygif.net

So — which do you think again  is the most feasible reason the Inspector General no longer conduct IERs for ambassadors and senior embassy officials?

Eeny, meeny, miny, moe,
Catch La Razón by the toe.
If it hollers,well, say “boo!”
Eeny, meeny, miny, moe.

Damn, my whole brain is crying; yours, too?

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After this blog post went online, the State/OIG spokesman Douglas Welty sent us a statement, published in full below:

In response to your most recent blog posting,” State/OIG: No More Ambassador Report Cards Cuz They’re Not as Sexy as Debarments?”<http://diplopundit.net/2014/02/28/stateoig-no-more-ambassador-report-ca
rds-cuz-theyre-not-as-sexy-as-debarments/>  transparency is a key component of effective IG oversight.  The Inspector’s Evaluation Reports (IERs), which OIG would produce at the Department’s request, were non-public documents processed internally within the Department and used for performance evaluations of senior Department leadership.  Although OIG no longer produces IERs, senior official performance issues that were previously addressed in IERs are now addressed transparently in OIG inspection reports, which are available to all stakeholders.  OIG’s proper oversight role is to use its reports to alert Department management and other stakeholders (e.g., Congress and taxpayers) so that the Department takes proper management action to address them.

Mr. Welty is a great spox but brain’s still crying.  Next week, we’ll have a publicly sourced exhibit on IERs.

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Stephanie Kinney: Wither the Foreign Service? — Wham! Read Before You Go-Go

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On its home page, the Association for Diplomatic Studies and Training shares a funny ha!ha! joke that the Foreign Service has undergone major reforms and tinkering over the past century so much that people often say that if you didn’t like the current system, just wait a few years and it would change.  One of the fascinating periods of change at the State Department occurred during the tenure of William Crocket, the Deputy Under-Secretary of State for Administration from 1963-1967. He  was responsible for bringing Chris Argyris to write a report on the Foreign Service, now only available to read at the State Department library (anyone has a digital copy?).  He did T-groups, organizational development and such.  When Mr. Crockett retired in 1967 many of the programs he started were barely alive or already buried and forgotten.  He was never credited for some that still lives on.  He felt he was an outcast from the Foreign Service and left a disillusioned man. He tried to change the service, and it wasn’t quite ready for him (see pdf of oral history).

We recently just read ADST’s oral history interview with Stephanie Kinney.  We have previously quoted her in this blog in 2009 and are familiar with her ideas for change.  Ms. Kinney is a former Senior Foreign Service Officer, one of the first “tandem couples” (i.e., both are FSOs), and winner of the Department of State’s Lifetime Achievement Award, as well as the American Foreign Service Association (AFSA) Harriman Award for her leadership role in creating the Department’s Family Liaison Office (FLO). She was interviewed by Charles Stuart Kennedy in 2010 for ADST.

Below is an excerpt from her 2010 interview.  Check out her full oral history interview here.

[T]he problem at the State Department, I believe, is its lack of institutional leadership and its lack of a single, unified and vibrant corporate cultures. Its culture is still fundamentally 20th century and divided between Foreign Service and Civil Service and the growing overlay of short-term, Schedule C [political appointees] leadership. There are people, pockets of people, working to change that, but it is an uphill battle.
[...]
The drafters of the 1980 Act did not believe in a generalist Foreign Service officer corps. Bill Backus and I argued about “generalists” versus “specialists” ad nauseam; he wanted to create a Foreign Service more like the Civil Service, of which he was a part. He and the other drafters wanted to tie the Foreign Service to the Civil Service and create an equivalency that has never existed because the two personnel systems and cultures are so different. They also created something called LCEs, Limited Career Extensions, which seriously corrupted the Senior Foreign Service through their abuse, and then created an infamous senior surplus, the cost of which was the gutting of a generation of largely 01, political officers in the mid 1990’s. [Note: An FS-01 is equivalent to a GS-15 and is the level before entering the Senior Foreign Service.]

So today what do we have at the State Department? The vast majority of our FSOs have less than five years experience. You have officers expecting to be promoted to 01 who have done only their obligatory consular tour, maybe a tour in their cone, and one or two others.

Another pattern is that many entry level officers now have to do two consular tours, then return to the Department for a desk job and then go to Iraq or Afghanistan, where they do ops with the military. They have never done the first lick of what you would call mainstream diplomacy. One wonders what the impact of this will be on the system?

Now this is not to say that what they have been doing is not a kind of diplomacy; it is and it is utterly essential to the 21st century. But their experience to date is not a kind of work that has prepared them to come back into the civilized world and maintain proper relations and perform with long standing successful states and cultures. These more established states—be they developed or “emerging” like the BRICs [Brazil, Russia, Indonesia, and China], all value tradition and diplomatic savoir faire more than we, and they far outstrip the value and importance of either Iraq or Afghanistan.
[...]
The people to whom you have referred as the high flying “staffers,” have taken no interest in their own institution, which is the base of their power and their work. It is the nature of a profession that it is involved in its own institutions. Otherwise, it is not a profession.

I could not sustain the assertion today that diplomacy is a profession at the Department of State. I think it can be. I think it should be. I am working to move it in that direction, but there is no evidence that the current culture and conditions and leadership are encouraging and helping the younger generation assume the responsibilities and take the measures needed to improve the situation….

But minus strong leadership that seeks to instill common ethics and standards and professional pride, there seems to be growing concern that what we are getting is a group of people for whom little matters beyond one’s own interests. If the Foreign Service culture is all about stepping on someone else to get to the next rung, it is not going to work. You are going to hang separately, because, in my view, that is how it has gotten us where we are.
[...]
When I came to State, there was no such thing as a Schedule C Assistant Secretary. Jimmy Carter took eight FSOs—well they were almost all FSOs under the age of 38 who had resigned over Vietnam, such as Dick Holbrook and Tony Lake—and he made them Assistant Secretaries. They were known as the Baby Eight. So when Ronald Reagan came in he said, “Oh, I will pocket those eight, and I also want a DAS in every bureau,” and so the Deputy Assistant Secretaries became politicized. Today it goes down to the Office Director level. (Note: see this graphic – pdf)
[...]
The politicization, along with Secretaries of State who also have no sense of responsibility for or interest in the Department as an institution, continues to sap the  institution of vitality. That in my view is one of the primary reasons that the institution has fallen on such hard times.

What’s remarkable is that Mr. Crockett in his oral history interview (pdf) conducted in 1990 said practically the  same thing:

“The absence of Secretarial interest in the operations of the Department and many of its functions is often pointed out as one of State’s major deficiencies. Most Secretaries, when faced with the choice of being part of the policy development process or managers of a Cabinet Department, opt for the first to the detriment, I believe, of the second. I am sure it is far more attractive to run around the world like Shultz did–involved in diplomatic activities–that staying at home managing a fairly large organization–certainly a complex one. State is unique among Cabinet Departments in that regard because a Secretary can get by without paying much attention to the management of his Department.”

What’s that they say about change — the more things change, the more they stay the same?

In related news, Secretary Kerry is on travel, this time to Seoul, Beijing, Jakarta, and Abu Dhabi, from February 13-18, 2014. On his first year as Secretary of State, he was on travel 152 days, to 39 countries, travelling 327,124 miles.  If he keep at this, he will break Secretary Clinton’s travel record.  He may also go down in the history books as the Secretary of State who was almost never home.

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Joan Wadelton: Time To Fix The State Department (via WhirledView)

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— Domani Spero

We have previously posted about the case of FSO Joan Wadelton. (See Joan Wadelton’s Case: That’s One Messy Promotion Scorecard, Next Up – It’s GAO Time!Joan Wadelton’s Appeal Makes it to FSGB 2011 Annual Report to CongressGAO Examines Foreign Service Promotion Process — Strengthened But Documentation Gaps Remain). She is now on her tenth year of a legal dispute with the Department of State’s Bureau of Human Resources (HR). She recently guest posted at WhirledView and put her views on the record  “about how to correct the systemic failings that I have encountered over the last 10 years in the Bureau of Human Resources, the Office of Inspector General (OIG) and the Office of the Legal Advisor.” Quick excerpt below:

The pervasive lack of oversight has led to near total impunity for those guilty of incompetence, cronyism and corruption within State.  A small group of career officials has taken advantage of this to gain control of the bureaucracy’s administrative functions.  Their pernicious influence has persisted for years.

The longevity of the group has been made possible by its control of the personnel system.  Senior managers at State stay in place for years – and when they do retire, they are rehired in a lucrative pay status, allowing them to remain in senior positions for more years.   Thus, the same people turn up repeatedly in ambassadorships and assistant secretary and deputy assistant secretary jobs.

Not only does this discourage fresh thinking, it has bottled up the personnel system at the top.  With the jobs at the higher ranks endlessly filled by the same people, the cohort five or 10 years behind them in the career service cannot move up to become the next generation of leaders.  And as a consequence, many FSOs are forced to retire at the peak of their expertise.

Members of this inner circle have used their control of HR to give themselves and their friends promotions, prestigious assignments, cash bonuses and jobs for family members.  Conversely, they have used HR as a weapon against employees they dislike – including removing them from promotion lists and blocking plum assignments and cash bonuses – no matter how qualified those disfavored people might be.

Ms. Wadelton  was a Foreign Service Officer from 1980-2011.  She served in Africa, Latin America, Russia and Iraq.  In addition to assignments in the State Department, she was an advisor to the Senate Foreign Relations Committee and a director of the Office of the US Trade Representative.

Continue reading Time to Fix the State Department.

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