Category Archives: Org Life

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.”
[...]
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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Earth Embassy Ganymede Administrative Notice #04-010103: Morale, WD-40, Duct Tape

– Domani Spero

Originally posted in Diplopundit on April 18, 2013. Republished today for a very good reason.

Administrative Notice #05-011300: Morale

It has come to management’s attention that there has been a lot of chatter and hyperspace email about morale and safety at this outpost.  This notice serves as a reminder to everyone under Ganymede outpost authority that discussion about morale is an unproductive use of work time. Morale is self-esteem in action; individuals who perceived that morale is lacking may need help in improving their self-esteem. Please make every effort to schedule an appointment to see the quadrant psychiatrist.

Ganymede management fully believes, like the 34th American President Dwight Eisenhower, that the best morale exist when you never hear the word mentioned. In that sprit, management formally informs all departments and employees that morale is not/not an issue and is not/not a subject to be discussed in hypermail, text, video, radio, verbal or any alternate manner of communication within and outside the mission.  Anyone caught peddling these stories will be subject to disciplinary action, including but not limited to curtailment of current assignment or a lengthy TDY to the outermost prograde moon of Carpo.

In an effort to be responsive to all concerns, below are some FAQs that the section  had the pleasure of addressing the last 12 moons. We hope that the answers are useful to you and your families and help alleviate persistent concerns.

English: WD-40

English: WD-40 (Photo credit: Wikipedia)

FREQUENTLY ASKED QUESTIONS
EaEmbassy Ganymede

Is Ganymede a family-friendly post?

Absolutely. It is the most family-friendly assignment in the quadrant with excellent schools and some of the best apartments available in the sector. Living conditions are approximated to be similar to the home planet and the quality of life is super-excellent.  Consistent demand for assignments to this outpost has repeatedly resulted in a long wait list at every rotation cycle.

I’ve been thinking of asking for a transfer to Ganymede.  But I heard that life there is a big joke … I don’t get what’s the joke.

Life in Ganymede is not/not a big joke. Once you understand that Ganymede is too big to fail, you’ll find your groove. This is the place where you want to be.  No other outpost will afford you the challenges and opportunities to excel and earn a fast-tracked promotion.

How safe is Ganymede given that riots are breaking out in all parts of the hostplanet:

Safe. Very safe, if you’re careful.

Ganymedeans breached the outpost walls, they can do it again, should I worry?

There’s no reason to worry.  Ganymedeans are not/not anti-Earthlings, anti-humans or what have you.  They were blowing off steam. Period. Now that they have, things should return to normal. If you think things have not returned to normal, give it time; things should return to normal. Soon.

There are assaults reported daily, it sounds like traveling around the hostplanet has become extremely dangerous. Is that perception correct?

Ganymede is the largest moon in this sector. Like any large, densely inhabited city on Earth (e.g. New York City, New Delhi, Bogota, Buenos Aires), crime is ever present. This is not/not unique to this outpost.  Travel in pairs if needed, and bring your stun gun, if necessary.

The Manager for Planetary Services reportedly quit over extreme bureaucratic bullying, is this true?

Absolutely not. The manager quit because the official got too old for the job. Other employers in this sector throw old officials out the airlock. Fortunately, EaEmbassy Ganymede has a generous separation package specifically for older workers traveling back to the home planet.

There are rumors and allegations that some of the top Ganymede officials have, on several occasions, pushed and bossed around subordinates and threatened them with penalties. How accurate are these stories?

Have you ever heard of American poet, Robert Frost?  He said that the reason why worry kills more people than work is that more people worry than work.  Isn’t that an excellent point?  Stop listening to rumors. Stop worrying. All our top Ganymede officials were handpicked and subjected to a battery of reviews and 360 feedbacks from friends, peers, and colleagues. All with spectacular results. They are all as lovable and huggable as Alaskan polar bears.

I used to have an open mind, then I got to Ganymede and my brains kept falling out. What am I doing wrong?

To keep an open mind, a person needs only two tools: WD-40 and duct tape. If it doesn’t move and it should, use WD-40. If it moves and shouldn’t, use the tape. This works even in Ganymede.

I am terribly upset that my concerns have not been taken seriously.  How do I set a laser printer to stun?

The management office works hard to address all of your concerns and aims to make every assignment to Ganymede a satisfying one.   Unfortunately, all laser printer at post at this time do not have a stun setting.  However, the procurement section is exploring the possibility of adding a stun setting to all laser printers with end of year funding.

 

Note that this is from a work in progress.  Names, characters, places, and incidents are the product of the author’s imagination or are used fictitiously.  Any resemblance to actual events, locales, or persons, living or dead, is entirely coincidental.

Morale is self-esteem in action,  is a quote by Avery Weisman; WD-40 and laser printer quips are found items around the net.

Ugh! Just saw that the Russians are interested on Ganymede, now.  Well, dammit, I am not changing my fictional embassy’s name again, so don’t write to complain about that.

 

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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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Kerry Swears-in Higginbottom as Deputy Secretary for Management, Good News for State/OIG — Wait, What?

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

– Domani Spero

On January 30, 2014, Secretary Kerry sworn-in Heather Higginbottom as Deputy Secretary of State for Management and Resources. Ms. Higginbottom is the third appointee to this position. She was preceded by Jack Lew , now Treasury Secretary and Tom Nides  who is now back at Morgan Stanley.

Secretary Kerry Swears in Heather Higginbottom as Deputy Secretary of State U.S. Secretary of State John Kerry swears in Heather Higginbottom as the Deputy Secretary of State for Management and Resources, at the U.S. Department of State in Washington, D.C., on January 30, 2014. [State Department photo/ Public Domain]

Secretary Kerry Swears in Heather Higginbottom as Deputy Secretary of State
U.S. Secretary of State John Kerry swears in Heather Higginbottom as the Deputy Secretary of State for Management and Resources, at the U.S. Department of State in Washington, D.C., on January 30, 2014. [State Department photo/ Public Domain]

Ssecretary Kerry made some remarks at her swearing-in ceremony (excerpt below):

Heather now is the first woman to hold the title of Deputy Secretary of State.  (Applause.)  That’s a statement in and of itself, as you have all just recognized, and it’s important.  But I want you to know that no one ever said to me about this job, “I’m so glad you found a woman.”  They have said to me, “I’m really glad you gave this job to Heather,” or “Heather is the right person for this job.”  And we are here because – I know many of you have worked with Heather either in her role on Capitol Hill or over at OMB.  Some of you worked on the campaign trail with her in 2004 and 2008, where she served in 2008 as President Obama’s Policy Director.  Many of you worked with her in the White House where she was serving as the Deputy Director for the Domestic Policy Council and then Deputy Director of OMB.

Ms. Higginbottom gave her own remarks (excerpt):

For me, balancing our presence in Asia, to making peace in Syria, to rolling back Iran’s nuclear program, to embracing our friends in this hemisphere, to the many crises we cannot begin to predict, the people at the State Department and USAID will confront tremendous challenges and opportunities in 2014 and beyond.  In this role, I’ll share in the global responsibility for U.S. foreign policy, but I’ll also seek to drive institutional reforms.
[...]
A top priority for my team will be working to ensure our posts and people are safe and secure.  We need our diplomats fully engaged wherever our vital national interests are at stake, and that means we must constantly improve the way we protect our people and our posts.  I’ll also work to ensure that we use taxpayer resources wisely and efficiently.  As you all know, America’s investment in diplomacy and development is critical to our global leadership, to our national security, and to our nation’s prosperity.  It’s one of the very best investments we can make for our country and it’s the right thing to do.

But we must do everything we can to increase the return on that investment.  That’s why I’ll focus on management reform and innovation.

Excellent!  There’s a small matter that folks might want to bring up to the new D/MR’s attention in terms of reform — a recent change on the Foreign Affairs Manual concerning State/OIG, updated just weeks after the nominee for OIG was announced:

1 FAM 053.2-2 Under Secretary for Management (M)
(CT:ORG-312; 07-17-2013)
The Under Secretary for Management (M) is the Secretary’s designated top management official responsible for audit and inspection follow-up and the Secretary’s designee for impasse resolution when Department officials do not agree with OIG recommendations for corrective action. See 1 FAM 056. 1, Impasse paragraph.

Look at this nice org chart for the DOD IG:

via DODIG.mil

via DODIG.mil

It’s not like the State Department does not have a Deputy Secretary of State for Management and Resources, right?  And because we can’t keep this straight in our head, we have to wonder out loud, how is this delegated authority going to work if the IG had to review “M” and half the building that reports to “M”?  We asked, and we got an official response from State/OIG:

“Per the IG Act of 1978, as amended, and the FAM (1 FAM 052.1  Inspector General – (CT:ORG-312;   07-17-2013), the IG reports directly to the Secretary and Congress.  IG Steve Linick has access to the Secretary and meets regularly with the Deputy Secretaries and other high officials, as needed.”

Okay, but the State Department is the only federal Cabinet-level agency with two co-equal Deputy Secretaries. And yet, “M”, the office with the most number of boxes in the org chart among the under secretaries is the Secretary of State’s designated top management official responsible for OIG audit and inspection?

Let’s see how this works.

In late January, State/OIG posted its  Compliance Follow-up Audit of the Bureau of Oceans, International Environmental and Scientific Affairs’ Administration and Oversight of Funds Dedicated to Address Global Climate Change (AUD-ACF-14-16):

In 2012, the Office of Inspector General (OIG) performed an audit of OES’ administration and oversight of funds dedicated to address global climate change to be responsive to global developments and the priorities of the Department.

In March 2013, OIG closed eight of these recommendations (Nos. 2, 5, 6, 7, 8, 9, 14, and 15) after verifying evidence that OES had provided showing that final corrective actions had been completed. At that time, OIG considered the remaining 10 recommendations resolved, pending final action.

Following initial discussions with OES and A/OPE officials on the status of the open recommendations from AUD/CG-12-40, OIG expanded its original scope to include an assessment of the Department’s actions on all open recommendations from the report.

Consequently, OIG incorporated the intent of AUD/CG-12-40 Recommendation 18 into a new recommendation (No. 9) to the Under Secretary for Management (M) to assign authority and responsibility for the oversight, review, and approval of nonacquisition interagency agreements that will ensure compliance with applicable Federal regulations and Department policies governing them.

As of December 31, 2013, neither A/OPE nor M had responded to the IG’s draft report.

Well, okay there you go, and what happens then?

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According to history.state.gov, in 1957 the Department of State elevated the position of Chief of the Foreign Service Inspection Corps to that of Inspector General of the Foreign Service. Between 1957 and 1980, the Secretary of State designated incumbents, who held rank equivalent to an Assistant Secretary of State. The Foreign Service Act of 1980 (Oct 17, 1980; P.L. 96-465; 94 Stat. 2080) made the Inspector General a Presidential appointee, subject to the advice and consent of the Senate, and changed the title to “Inspector General of the Department of State and the Foreign Service.”The two most recent OIG for State are  Clark Kent Ervin (2001-2003) and Howard J. Krongard (2005-2008). State did not have a Senate-confirmed OIG from 2009 to much of 2013.

We understand that during the Powell tenure at State, OIG reported to Secretary Powell through Deputy Secretary Armitage. We could not confirm this but it makes sense to us that the inspector general reports above the under secretary level. It demonstrates the importance the Secretary of State place on accountability — the IG reports directly to him through his Management and  Resources deputy; the only D/MR in the whole wide world.  What’s not to like about that?

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‘Ethics Answers’ Talks Hypothetical Ethical Scenarios — Cuz There Are No Real Life Examples?

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– Domani Spero

State Magazine now includes an ‘Ethics Answers’ box where hypothetical ethical scenarios Department employees might face are presented. The January issue includes the following (pdf):

Q: I was recently assigned to a new post. My new supervisor frequently has me do personal things for her, like typing her son’s college application or picking up her dry-cleaning. I feel I shouldn’t be asked to do these things. Am I right?

A: Yes. Ethics regulations prohibit a supervisor (or any Executive Branch employee) from encouraging, directing, coercing or requesting a subordinate to perform these types of personal services during work hours or personal time. By asking you to perform these tasks, your boss has taken advantage of her official position to gain personal services she would otherwise need to perform herself or pay someone else to do. Under ethics rules, this is a “misuse of position”—using official time, authority, title, information or resources for private gain, either one’s own or another’s. Other examples of misuse of position include using one’s official position to obtain a travel upgrade, asking the visa office to give priority to a friend’s visa application or using your official title to fundraise for your child’s school.

For help with real ethical questions, email ethicsattorneymailbox@state.gov.

Why can’t the ethics attorney use real cases without mentioning names and posts?

Let’s try this.

The ambassador’s OMS at an EUR post was routinely asked to take the dog and kids for walks while the boss worked after hours.

Or, during the embassy’s Christmas bazaar, the ambassador’s OMS and an official residence employee were tasked with selling bags and crafts owned by the ambassador’s wife.

Is that too hard?  You may play the ethics crossword puzzles here, have fun, learn the regs. Pardon me, and then what?  After you know that you’re right, what then?  An excellent question that we hope “Ethics Answers” would answer one day.

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

– Domani Spero

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

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

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

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

Number of complaints: 152

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

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

Total Final Agency Action Finding Discrimination: 1

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

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

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

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

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

 

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Related posts:

Snapshot: State Department’s Permanent Workforce Demographics

Snapshot: State Dept Discrimination and Reprisal Complaints FY2008-FY2013

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Secretary Kerry Hosts Swearing-in Ceremony for EUR A/S Victoria Nuland

– By Domani Spero

 

U.S. Secretary of State John Kerry hosted a swearing-in ceremony for Victoria Nuland as Assistant Secretary of State for European and Eurasian Affairs at the U.S. Department of State in Washington, DC on September 18, 2013. A text transcript can be found at http://www.state.gov/secretary/remark….

During his remarks, Secretary Kerry noted that “Toria has served our country her entire adult life. And as the most prominent member of the unique – some might even say improbable – member of the Dick Cheney–Hillary Clinton Alumni Association – (laughter) – she has earned the trust and confidence of Democrats and Republicans alike, without party affiliation.”  

Among the guests:  Senator John McCain, Representative Keating, and former Deputy Secretary of State Strobe Talbott, and former Secretary General of the NATO Javier Solana as well as members of the EUR alumni club: former “P” Marc Grossman, Acting NEA A/S Elizabeth Jones, former Special Envoy to Guantanamo Daniel Fried, and EUR A/S predecessor Philip Gordon.

-09/18/13  Swearing-in Ceremony for Victoria Nuland as Assistant Secretary of State for European and Eurasian Affairs;  Secretary of State John Kerry; Benjamin Franklin Room; Washington, DC.

👀

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Read and Weep: Congressional Committee Releases Report Questioning Benghazi ARB Investigation

– By Domani Spero

We know folks are kind of Benghazi’ed out.  We’ve lost count how many hearings Congress has done this past year on Benghazi.  The Republicans can be accused of being on persistent offense, but the Democrats can also be accused of persistent defense.  Meanwhile, our people are out there. Folks are still not talking much about the fact that over 50 personnel rescued out of Benghazi, only 7 were State Department personnel and the rest are OGA people.   How many of them have appeared before Congress to answer some questions?  By the way, for those interested, the Congressional Research Service has a couple of DS-related reports: Securing U.S. Diplomatic Facilities and Personnel Abroad: Legislative and Executive Branch Initiatives, September 12, 2013 and Securing U.S. Diplomatic Facilities and Personnel Abroad: Background and Policy Issues, September 12, 2013.

In any case, you might be Benghazi’ed out, and the House Oversight Committee could easily be accused of partisan witchhunt — because 2016 — but that does not mean that this report has no meat. While this might not be the entire story of what happened inside the State Department in the Benghazi fallout, this tells part of that story.  Mr. Issa’s report used the term “accountability theater” and we can’t say we disagree. It is also not surprising that who you know makes a difference inside the bureaucracy.  While Ambassador Boswell was given access to the classified portion of the ARB, Mr. Bultrowicz did not see the classified ARB until shortly before he appeared before the Committee. Mr. Maxwell did not see the classified ARB until about 6 months later. The classified portion referencing his performance was subsequently declassified. More than a couple of officials indicate confusion as to why Mr. Maxwell was put on administrative leave.  Lee Lohman, the Executive Director for NEA described as “unfair” the treatment received by Mr. Maxwell.

We’re sure senior people would claim they were just doing their jobs in a complicated situation. Or that they were doing the best they could under the circumstances. That maybe, but their best were not/not good enough.  When somebody orders you to do something you know is inherently wrong, would you follow that order or would you rather quit?  One senior official is on the record saying she did not believe Mr. Maxwell’s actions warranted removal as Deputy Assistant Secretary but when asked if she questioned anybody about that, the answer was “no.” So people simply did their jobs and did not ask questions.  That’s that.  Welcome to a lobotomized bureaucracy where smart people do stuff and no longer ask questions.  Quotes below excerpted form the report:

 

Eric Boswell | Assistant Secretary for Diplomatic Security – 

“To answer your question, there’s no appeal process that I know of. I’m a bit disappointed that I didn’t have a chance during the ARB, if they were coming to a conclusion, the conclusion that they did, to ask me about it and ask my views about that judgment. That would happen if you were being — in any other kind of review done by inspectors or GAO or whatever, you get an opportunity to comment. I didn’t get an opportunity to comment; I just saw the conclusion, surprised to see the conclusion.”

Scott Bultrowicz | Director, Diplomatic Security Service – 

“No, look. Here is my thing. I will take responsibility for the decisions I made based on the information I had at hand, okay. I mean, and I’m not looking to point the finger, you know. Accountability cuts a wide swath, I think. So I’m not saying I had nothing to do with this. I mean, it would be shame on me if I said I was completely oblivious to everything. I’m willing to take responsibility for the decisions I made based on the information I had. But, you know, to say, well, you should have managed person A more closely, or you should have been more proactive, that’s pretty general to me. And I mean, you know, it is what it is. I respect the members of that panel. They are all very distinguished officials. But yeah, I have a problem with it. I do. I don’t think it’s something that defines me after 27 years of doing everything I’m asked, or at least to say be more direct in the questioning with me when they had the opportunity.”

Raymond Maxwell | Deputy Assistant Secretary for Maghreb Affairs —

There are people who will say that because they’ll say you’re still getting paid, and because you’re still getting paid, you don’t have any reason to complain. But you know, it’s not about the money. It’s about your reason for being, if you will. And, you know, frankly, I would have been better off had they said you are fired from the State Department. You go today. Your pay stops, and you’re out of here. I would have been better off because I could have contested that or–I mean, I would have contested it. It would have also been behind. It would have all been behind me and I could have started with the next thing. But as things now stand, I’m still employed. There’s still a possibility that I could come back, so it’s not like I can start something new.

I was scheduled to retire on April 30th, and I made the decision to withdraw my retirement request because I didn’t want to go out under this cloud of suspicion that maybe I had done something, that’s the cloud that–my fear of the cloud of suspicion no longer exists because I have embraced my administrative leave-ness, if you will, and it’s no longer a source of shame for me. It’s now–almost–it’s increasingly becoming a source of pride for me. So, it’s not that big a deal anymore. But now there’s a principle. Now there’s a principle that they did something improperly, immorally, maybe even illegally, and if I just take it laying down, guess what, they’ll do it to somebody else again.”

The House Oversight Committee report includes the following cast of characters in addition to the ARB Four, some with direct quotes from the congressional transcript. There appears to be no quotes from Ms. Lamb and Mr. Kennedy; a quick reading of the 100 99-page report did not indicate how many State Department employees appeared before the Committee, or who were requested to appear but did not.

Elizabeth Dibble

Principal Deputy Assistant Secretary, Bureau of Near Eastern Affairs

Elizabeth Dibble is the Principal Deputy Assistant Secretary for Near Eastern Affairs. She is Elizabeth Jones’ deputy, and the second most senior official in the Bureau of Near Eastern Affairs.

Jeffrey Feltman

Assistant Secretary, Bureau of Near Eastern Affairs

Jeffrey Feltman was the Assistant Secretary for the Bureau of Near Eastern Affairs from August 18, 2009 until May 31, 2012. In December 2011, Feltman requested that Under Secretary for Management Patrick Kennedy approve a continued ad hoc U.S. presence in Benghazi through the end of calendar year 2012. Kennedy approved.

Gregory Hicks

Deputy Chief of Mission, Libya

Gregory Hicks is the former Deputy Chief of Mission in Libya. He testified before the Committee on May 8, 2013, describing in detail the events on the ground and his interactions with Ambassador Chris Stevens on September 11, 2012. The State Department assigned him to a desk job while he awaits an onward assignment.

Elizabeth Jones

Acting Assistant Secretary, Bureau of Near Eastern Affairs

Elizabeth Jones is the Acting Assistant Secretary for Near Eastern Affairs, the most senior official in the Bureau of Near Eastern Affairs. Jones was the direct supervisor of Raymond Maxwell, the former Deputy Assistant Secretary for Maghreb Affairs.

Patrick F. Kennedy

Under Secretary of State for Management

Patrick Kennedy, a Career Minister in the Foreign Service, has served as the Under Secretary of State since 2007. Kennedy approved a memorandum that requested to continue the ad hoc U.S. presence in Benghazi through the end of calendar year 2012.

Charlene Lamb

Deputy Assistant Secretary for International Programs

The ARB cited Charlene Lamb for failing to provide the requested number of diplomatic security agents at the Benghazi mission and ignoring efforts by her subordinates to improve the staffing challenges at the mission. Lamb was placed on administrative leave in December 2012.

Lee Lohman

Executive Director, Bureau of Near Eastern Affairs

Lee Lohman was the Executive Director of the Bureau of Near Eastern Affairs. Lohman testified that Raymond Maxwell was not involved in any decisions pertaining to the security at Benghazi, and that Patrick Kennedy was highly involved with security decisions that affected Benghazi.

Raymond Maxwell

Deputy Assistant Secretary for Maghreb Affairs

Raymond Maxwell was the only individual in the Bureau of Near Eastern Affairs with whom the ARB found fault for the Benghazi attacks. Several witnesses testified that both the ARB and the State Department treated Maxwell unfairly. Maxwell was placed on administrative leave in December 2012.

Brian Papanu

Desk Officer, Libya

Brian Papanu served as the Desk Officer for Libya. He was responsible for obtaining temporary duty staff for Libya and served as a liaison between Washington, D.C. and Tripoli.

William Roebuck

Director, Office of Maghreb Affairs

William Roebuck is the Deputy Assistant Secretary for Maghreb Affairs—the position previously held by Raymond Maxwell. He served as the Chargé d’Affaires to Libya from January to June 2013. Prior to that post, he served as the Director of the Office of Maghreb Affairs, where he was one of the most knowledgeable policymakers on Libya in the State Department. Roebuck considered shutting down the Benghazi mission due to lack of security.

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