Foreign Service Grievance Board Annual Report 2014 — Noteworthy Cases

Posted: 1:30  am EDT

 

The Foreign Service Grievance Board recently released its 2014 annual report:

A primary goal of the Board continuing during this past year (and in prior years) has been to improve its timeliness in terms of issuing its orders and decisions. The Board is acutely aware of the short timeframes that impact the careers of Foreign Service employees, and especially the schedules of various agency-appointed boards that grant tenure, decide on promotions, rank (and “low rank”) employees, and make other career-defining personnel decisions. While the Board does not fully control the entire grievance appeal process, e.g., the period during which the parties engage in sometimes lengthy discovery or file time- consuming motions, it has put in place procedures to expedite where possible those actions it does control.
[…]
The three-member panels selected to decide grievance appeals continued to work effectively during the year, producing several orders and decisions with significant issues of first impression or complexity. Social media has had an impact on some of the Board’s grievance appeals, and is likely to expand as a growing presence in both professional and personal interactions among Foreign Service employees. The increased exposure of what may have been considered private communications in the past has produced challenging questions regarding standards for personal and professional conduct of Foreign Service personnel, including the issue of what is a reasonable expectation of privacy; similarly, rapid changes in technology, in particular the growth of digitally based communications and cyber tools such as cloud computing, have altered methods of information storage, access and security that undoubtedly affect Foreign Service operations. These developments, along with rapidly evolving social and demographic changes, both within the Foreign Service and the society at large, are likely to influence to some degree future grievance disputes. A major challenge for the Board is to maintain its level of institutional and technological awareness to keep pace with the dynamic environment in which future dispute resolution will be necessary.

See the stats here:  Snapshot: Foreign Service Grievance Board Annual Report 2014 – Statistics

According to the 2014  report, the largest number of grievance appeals by office were those filed by employees of the Department’s Bureau of Diplomatic Security (31% of the total). The Board is now seeing cases on disability, Post Traumatic Stress Disorder (PTSD), or other medical condition that affected the employee performance or conduct that resulted in a separation recommendation.  The average time for disposition of a case, from time of filing to Board decision, withdrawal, or dismissal, was 45 weeks. This is two weeks longer than the average time of disposition in 2013. The Board currently has 19 members, with 12 retired foreign affairs members and 7 legal professionals.

Below is an excerpt from the report:

Fifty-three new cases were filed with the Board in 2014, comparable to the number filed the previous year (54). Over the past six years, the number of new cases has ranged from a high of 74 to a low of 43. Of the 2014 cases, 47 cases were filed by employees of the Department of State (or survivors of State Department employees); five by employees of USAID; and one by AFSA. No cases were filed by employees of the other agencies under the Board’s jurisdiction.
[…]
Timeliness of disciplinary actions, as governed by agency regulations, also continued as an issue of concern to employees. In three new cases filed, the employees alleged that delays ranging from 14 to 36 months violated Department regulations and disadvantaged them. Two cases involving timeliness were decided by the Board this year. In the first case, the Board found that a three-year delay was prejudicial to the employee and dismissed the charges. In the second, a two-year delay was deemed not to be prejudicial, but the charges were dismissed as not proven.

Eight of the new cases filed involved a claim that a disability, Post Traumatic Stress Disorder (PTSD), or other medical condition affected the employee performance or conduct that resulted in a separation recommendation. Four involved allegations of alcohol abuse. The largest number of grievance appeals by office were those filed by employees of the Department’s Bureau of Diplomatic Security (31% of the total).

A number of individually noteworthy cases were filed in 2014:

    • A USAID case involved the starting salary of a new hire, whose documentation of his previous salary while self-employed was alleged to be fraudulent. The grievant was one of several USAID new hires who were issued bills of collection for overpayment of salary following an agency audit of the starting salaries of new hires. Regulations for establishing starting salaries primarily took into account standard salary histories, and did not address factors stemming from self-employment or lower salaries/stipends earned while an applicant was earning an advanced degree.
  • The daughter of a State Department employee contested a bill of collection issued by the Department for $311,000 in overpayment of a survivor annuity and denial of a waiver for the overpayment. The grievant was unaware that she needed to notify the Department upon the death of her mother. Survivor annuity payments were deposited into a joint account for several years before the error was discovered.
  • AFSA filed an implementation dispute challenging the Department’s decision to deny payment of Meritorious Service Increases (MSIs) to outstanding employees identified by the selection boards in 2013. AFSA maintained that its agreement to defer such payments during sequestration of the budget in 2013 did not extend to a discretionary decision by the Department to withhold such payments permanently after the funds were available.
  • A former president of AFSA contested the propriety of an email sent out by senior Department staff criticizing her for an op-ed piece she had co- authored with two former ambassadors. The op-ed piece, published in the Washington Post, expressed the authors’ perception that State was inappropriately placing an increasing number of civil service and political appointees in the highest leadership positions. The grievant also challenged the failure of one of the authors of the email to recuse herself from service on the grievant’s promotion board that year.
  • A retired Foreign Service Officer filed a grievance alleging that remedies granted to him pursuant to the first grievance ever filed, in 1972, under authorities preceding the establishment of the Foreign Service Grievance Board, had never been implemented. He is seeking monetary relief.
  • A grievant who in 1998 claimed bias on the basis of sexual orientation and a procedural error, and who appealed the FSGB decisions to both the district court and court of appeals, filed a new grievance claiming that Time-In-Class (TIC) and Time-in-Service (TIS) extensions awarded in that case had never been properly implemented, resulting in his impending separation for expiration of his TIS.

Discipline

The Board resolved 12 appeals from discipline imposed by the Department of State. There were no appeals from disciplinary decisions of other agencies. In discipline cases, the agency has the burden to prove that the charge is factually correct; has a nexus to employment; and that the penalty is appropriate. The appeals covered a range of issues: alcohol and/or weapons-related incidents (five cases); filing false claims for reimbursement; false statements given to explain an absence from work; failure to maintain control of a diplomatic pouch; interfering with an investigation; the appearance of prostitution (two cases); and a security violation. In eight of the cases the charged employee alleged that the penalty was too harsh. In five of the discipline cases the Board affirmed the Department’s decision; in two it found in favor of the charged employee; in one it partially affirmed and partially reversed; and four cases were settled before reaching a decision on the merits. Nine of the cases involved employees of the Office of Diplomatic Security.

In one discipline case and a handful of others, the employees claimed that the incidents were related to the stress of service at hardship posts. As more employees are assigned to posts in countries where violence is endemic, the Board will be sensitive to similar conditions in appeals arising from this issue.

EER/OPF/IER

Eighteen appeals involving inaccuracies, omissions, prejudicial statements, or prejudicial errors in employees’ Official Performance Files that could affect their promotion and/or tenuring competitiveness were decided by the Board. The Board affirmed the agency decision in ten of the cases; reversed in two; and partially affirmed, partially reversed in three cases. Two appeals were settled, and one was withdrawn.

Two of the appeals contested IERs issued by the Office of the Inspector General, one involving an ambassador and the second a public affairs officer. In the first, the Board found that the right to counseling applied equally to ambassadors as to other employees. Although the bar may be higher in what an ambassador is expected to know, the Board found that in this particular case the ambassador had no reason to know of the deficiencies identified in the IER, and, therefore, lack of counseling by her supervisors prior to inclusion of the criticisms in the IER and her OPF was not harmless error. The Board also found that several comments in the IER about another, identifiable employee should not have been included in the ambassador’s OPF. The Board ordered that the IER be removed from the ambassador’s OPF. The second case was settled and withdrawn prior to a decision on the merits.

See The Buck Stops Where? Ambassador Files Grievance Over an OIG Evaluation Report

Assignment

In general, the Board does not have jurisdiction over assignment actions. However, the Board may hear appeals in which the employee alleges a procedural violation of the assignment process. Two such cases were resolved last year. The first case stemmed from the 2012 violence in Benghazi. The employee alleged that he was removed from his position based on ill-founded conclusions by the Benghazi Accountability Review Board, and that he had been made a scapegoat as part of a politically motivated damage control effort. Prior to the conclusion of the appeal process, the grievant retired from the Department. The Board found that most of the remedies he had requested were no longer viable post-retirement, and it therefore drew no conclusions based on the merits. In the second case, the Board also found that the requested remedy, a change in eligibility requirements for long- term training, was outside its authority and dismissed the case for lack of jurisdiction.

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

Financial

Eight appeals involving financial claims were resolved by the Board last year, each presenting different, complex issues:

  • In an appeal challenging denial of a medical evacuation allowance, the Department followed a long-established Standard Operating Procedure in denying medical evacuation for a high-risk pregnancy prior to the 24th week of gestation. The employee was directed to seek instead the lower separate maintenance allowance, even though all medical personnel agreed that grievant’s spouse needed to return to the U.S. in the 10th week of pregnancy.  The Board found that the Department’s practice was inconsistent with its own regulations and directed the Department to recalculate grievant’s per diem based on the medical evacuation rate.See High Risk Pregnancy Overseas: State/MED’s SOP Took Precedence Over the FAM? No Shit, Sherlock!
  • Six Security Engineering Officers (SEOs) challenged the Department’s decision to limit hiring of their class to an FP-06 pay level, while hiring preceding classes with similar qualifications up to the FP-04 level. In addition to charging a violation of merit principles, the grievants claimed that there were no jobs available at the lower level, so they were unjustly required to work at a higher pay grade than they were being paid. The case was resolved with respect to four grievants when they withdrew their appeals. The appeal of the other two is pending.
  • A career Civil Service employee was given a Limited Non-career Appointment in the Foreign Service, then granted a conversion to career Foreign Service. While in the U.S. working to satisfy the language requirement for a pending overseas FS assignment, grievant’s position was first designated FP-02, then retroactively downgraded to GS-12. The Department required her to reimburse the overpayment in salary resulting from the initial designation. The Board found that, while the Department’s regulations regarding conversions are unclear, in this case the downgrade without notice was an improper application of the relevant laws and regulation, and the employee was entitled to recover the funds repaid to the Department.
  • The Department denied a cash award to an employee for a suggestion he had made and that it had implemented. The primary basis for denial was that grievant had received a cash award for a similar reason, and thus was not permitted a second cash award for the suggestion. Grievant also claimed that the official who denied the award was the deciding official in a disciplinary action pending against him, and thus should have recused himself. The Board found that the two awards were for different purposes and thus not prohibited by the regulation, and agreed that the deciding official should have recused himself from the award decision. It remanded the case to the Department to reconsider its original decision.
  • A Diplomatic Security agent was required to surrender his law enforcement credentials and was denied law enforcement availability pay (LEAP) when the Secret Service investigated him regarding a collectible coin that he had purchased and sold, which turned out to be counterfeit. The investigation remained pending for a number of years, with no charges brought against the agent. During that time, his LEAP pay remained in abeyance. The Board found that although the Department did not have regulations addressing these circumstances, it had implemented a clear and consistent policy and did not act arbitrarily in denying grievant LEAP pay.
  • A retired criminal investigator with the USAID Inspector General’s Office alleged that the State Department miscalculated his retirement annuity by applying a pay cap imposed by the USAID IG through a 2006 memorandum. The Board found that the Department’s reliance on the memorandum was proper, and denied grievant’s claim to a higher annuity. The grievant has appealed this decision to the D.C. district court.

Judicial Actions Involving Board Rulings

One new case was filed in the District Court for the District of Columbia last year. Gregory Picur, retired from USAID’s Office of Inspector General, appealed the Board’s decision to uphold the Department’s calculation of his retirement annuity. A decision is pending.

Three other cases are pending decisions in federal court:

    • The five plaintiffs in Richard Lubow, et al. v. United States Department of State, et al. (923 F. Supp. 2d 28 (D.D.C. 2013)), retired and active duty Diplomatic Security agents who served in Iraq in 2004, appealed a district court decision granting summary judgment to the Department. The plaintiffs had grieved the Department’s application of a cap on their premium pay during their time in Iraq and its decision not to grant them a waiver of repayment of the amounts they had been paid in excess of that cap. The Board had affirmed the Department’s decision applying the cap and denying the waiver.
      (note: a ruling was issued on this case this past week, we will post separately)
    • In November 2012, Jeremy Yamin petitioned the D.C. district court to review a FSGB order denying in part his request for attorney fees incurred in a grievance appeal.
  • In January 2011, Joan Wadelton appealed a Board decision ordering six new reconstituted selection boards be convened as the remedy for three prior grievances. Ms. Wadelton’s appeal contests the Board’s decision to order a new round of reconstituted boards, rather than direct a promotion, as she had requested. Ms. Wadelton is separately engaged in litigation against the Department concerning compliance with three related FOIA requests she filed seeking certain Department records about her. The Department has completed its production of documents pursuant to those requests and is currently engaged in briefing related to motions for summary judgment. (see  Former FSO Joan Wadelton With Truthout Goes to Court Over FOIA Case)

One of the “other” cases adjudicated by the Board.

[T]he employee had been assigned to a senior job in an international organization for five years by virtue of separation/transfer with reemployment rights. Under that particular arrangement, his OPF was not reviewed for promotion for those years, and he was reemployed by State at the same grade as when he had left. Grievant contested the legality of that policy. The Board found that, although there was confusion within State about the ramifications of different transfer/secondment actions and grievant had not always been given consistent information, the precepts were clear and no remedy was warranted. Grievant has two related cases pending. (see Secondments to international organizations and promotions? Here comes the boo!).

The full report is available here.

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Snapshot: Obama’s Female Ambassadors, Highest Percentage Appointments at 31.6%

Posted: 1:24 am EDT

 

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The first female ambassador was appointed by President Franklin D. Roosevelt during his first term. She was the first female member of U.S. Congress and the daughter of the 41st Secretary of State William Jennings Bryan.

Owen, Ruth (Bryan) (1885-1954) | Envoy Extraordinary and Minister Plenipotentiary, Denmark 1933-1936 (see Wikipedia entry).

During his second term, President Roosevelt appointed a second female ambassador, this time to Norway.

Florence Jaffray (Hurst) Harriman (1870-1967) Envoy Extraordinary and Minister Plenipotentiary July 1, 1937-1940 (see Wikipedia entry).

It was not until 1953 under President Eisenhower when the first female Foreign Service Officer was appointed ambassador.  Frances E. Willis was appointed Ambassador to Switzerland in 1953, Ambassador to Norway in 1957, and Ambassador to Sri Lanka in 1961. She was the first female FSO conferred  with the rank of Career Ambassador  on March 20, 1962.

Thanks to Philip for sharing his charts!

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Is State/OBO’s Intense Focus on Design Excellence Driving Engineering Employees Away?

Posted: 1:22 am EDT
Updated: April 16, 2015, 7:42 pm PDT

 

Last week, there was a Burn Bag submission we posted on the many losses in the Bureau of Overseas Buildings Operations’ engineering staff.  We’re republishing it below, as well as reblogging a post from The Skeptical Bureaucrat. Maybe this would help save the State Department leadership from having to say later on that no one made them aware of this issue.

We’re actually considering sending a love note to the 7th floor. Something like, “Hey, subscribe to Diplopundit. You may not always like what you read but we’ll tell you what do not always want to hear.” Or something like that.

On second thought, maybe we shouldn’t. They might decide to go back to just Internet Explorer and then all of our readers there won’t be able to read this blog ever again. In any case, here is that burn bag submission, repeated for emphasis:

Is the State Department leadership aware that there have been many losses of OBO [Bureau of Overseas Buildings Operations] engineers in the last 18 months, leaving more than a 20% deficit (OBO words via email, not mine) in engineering staff, with more contemplating separation? Does it care?

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Below from The Skeptical Bureaucrat: Have Hard Hat, Will Travel (used with permission):

Diplopundit’s Burn Bag entry about OBO’s losses in engineering employees made me think back to the retirements and resignations I’ve noticed among my good friends in Overseas Buildings Operations over the last couple years. Yeah, I think there is indeed a pattern there.

A demoralization among OBO’s engineers would kind of make sense in the context of OBO’s overwhelming focus on Design Excellence, or, to use the new name for it, Just Plain Excellence. (The word “design” was dropped from the program’s name about one day after the disastrous House Oversight Committee hearing in which OBO’s Director and Deputy Director were severely criticized for favoring artsy & expensive embassy office buildings over functional & sensibly-priced ones.) In a Design Excellence organization, the architects are firmly in charge and the engineers will always play second fiddle.

According to the Burn Bag information, OBO has lost about 20 percent of its engineering staff. There is substantiation for that claim in the current USAJobs open announcement for Foreign Service Construction Engineers, which says OBO has “many vacancies” in that field:

Job Title: Foreign Service Construction Engineer
Department: Department Of State
Agency: Department of State
Agency Wide Job Announcement Number: CON-2015-0002

MANY vacancies – Washington DC,

A Foreign Service Construction Engineer (FSCE) is an engineer or architect, in the Bureau of Overseas Buildings Operations working specifically in the Office of Construction Management, responsible for managing Department of State construction projects overseas. The FSCE is a member of a U.S. Government team that ensures construction is professionally performed according to applicable plans, specifications, schedules, and standards. The FSCE must adhere to the highest standards of integrity, dependability, attention to detail, teamwork and cooperation while accepting the need to travel, to live overseas, and when necessary, to live away from family.

Those vacancies are for permanent, direct-hire, Foreign Service employees. In addition, there were also personal service contractor vacancies for OBO engineers announced on Monster.com five days ago. That one is looking for General Engineers, Mechanical Engineers, and Civil/Structural Engineers.

Why isn’t there also a need for Electrical Engineers? After all, you can’t spell Geek without two Es.

It looks like engineers are indeed exiting OBO in large numbers. Why that is, I can’t be sure. But I have to think it is not a good thing for my friends in OBO.

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Sources tell us that William Miner, the director of the OBO’s design and engineering office was one of those who left in the last 18 months and Patrick Collins, the chief architect retired in January this year. 

The USAjobs announcement cited by TSB does not indicate how many vacancies OBO plans to fill.  In addition to the open vacancies for Foreign Service Construction Engineers, USAJobs.gov also has one vacancy for a Supervisory Engineer (DEU) and one vacancy for Supervisory Architect (DEU).  The monster.com announcement linked to above includes full-time, non-permanent-temporary non-status jobs with initial 1 year appointment renewable for 4 years. All must be able to obtain and maintain a Top Secret security clearance. Oh, and relocation expenses will NOT be paid.

About OBO

 These are the jobs advertised via monster.com:

 

A  2013 HR stats indicate that OBO has 81 construction engineers including 10 who are members of the Senior Foreign Service (SFS).  Those numbers are, obviously, outdated now.   And we’re not sure what “more than 20% deficit” actually means in actual staffing numbers. But if we take a fifth from that HR stats, that’s about 16 engineers gone who must be replaced not just in the staffing chart but also in various construction projects overseas.

Even if OBO can ramp up its hiring the next 12 months, it will still have the challenge of bridging the experience gap. A kind of experience that you can’t reconstruct or replicate overnight unless OBO has an implantable chip issued together with badges for new engineers. Experience takes time, time that OBO does not have in great abundance. Experience that OBO also needs to rebuild every five years since in some of these cases, the new hires are on limited non-career appointments that do not exceed five years.

According to OBO, the State Department is entering an overseas construction program of unprecedented scale in the history of the bureau.  What might also be unprecedented is OBO engineers running out the door in droves.

Why is this happening? We can’t say for sure but …

  • We’ve heard allegations that an official has “run people out of the Department with his/her histrionic behaviors” and other unaddressed issues in the workplace that have generated complaints from staff but remained unresolved.
  • There are also allegations of “poor treatment” of OBO employees and families while in the Department or even when trying to separate.
  • One commenter to the Burn Bag post writes about problems within the Department of “an extreme lack of planning which will have caused our children to attend three schools in three countries just this year alone.”
  • Another commenter writes, “I know it’s TRUE, because I recently departed. Somewhere along the way OBO decided that Design Excellence meant more architecture and less engineering.”
Foggy Bottom, you’ve got a problem. People do not just quit their jobs and the security that goes with it for no reason. Somebody better be home to fix this before it gets much worse.
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Burn Bag: On security clearance … leave it alone or the process will become “more” problematic?

Via Burn Bag:

“We have many EFM clearances – and interim clearances were requested by HR and rejected by DS for all of them – which are still pending. The oldest one is 15 months, the next is 13 months, etc. etc. (we have many). These people will PCS [permanent change of station] and still not have their clearance completed. The only statements from DS – other than implying to leave them alone or the process will become “more” problematic are that USDH [U.S. direct hire] clearances are first in line. Some missions depend on EFMs.”

image via imgur

image via imgur

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Related post:
Asking about the security clearance logjam: “Seriously? I suggest we sent her to FLO…” Seriously, let’s not!

American Diplomacy at Risk: Increased Politicization of the State Department — That Ain’t Funny Any-Moooo!

Posted: 2:12 am EDT

 

The American Academy of Diplomacy (www.academyofdiplomacy.org) recently released its report called “American Diplomacy at Risk,” that highlights serious problems and call for important changes in the way the State Department manages American diplomacy. The report notes that there are too many short-term political appointees too deep in the system. For example, eight of the 10 most senior foreign policy officials at State are non-career. The use of Special Representatives, Envoys, and Advisors has also skyrocketed; there are now 57 of these single-issue “tsars” that directly reports to the Secretary (also see  While You Were Sleeping, the State Dept’s Specials in This “Bureau” Proliferated Like Mushroom).

There is an increasingly politicized appointment and policy process in the State Department, resulting in a steady decrease in the use of diplomacy professionals with current field experience and long-term perspective in making and implementing policy. This is reversing a century-long effort to create a merit-based system that valued high professionalism. It is both ironic and tragic that the US is now moving away from the principles of a career professional Foreign Service based on “admission through impartial and rigorous examination” (as stated in the Act), promotion on merit, and advice to the political level based on extensive experience, much of it overseas, as well as impartial judgment at a time when we need it most.
[…]
The president and the Secretary of State should systematically include career diplomats in the most senior of State’s leadership positions because they provide a perspective gained through years of experience and diplomatic practice, thus assuring the best available advice and support.

We make a number of specific recommendations in the full report to recognize the importance and value of the contributions made by Foreign Service professionals. Details and rationales are in the report. Of these, the most important include:

• Ensuring that a senior FSO occupies one of the two deputy secretary positions, the undersecretary for political affairs and the director of the Foreign Service Institute (FSI);

• Changing the Deputy Secretary’s committee inside State that recommends ambassadorial nominations to the Secretary (the “D” committee) to include a majority of active duty or recently retired FSOs;

• Obeying the law (the Act) on ambassadorial nominations as “normally from the career Foreign Service” and “without regard to political campaign contributions,” thereby limiting the number of non-career appointees to no more than 10 percent;

• Restoring the stature of the Director General (DG) of the Foreign Service and Director of Human Resources (HR), by appointing highly respected senior officers to these positions, reflecting the intent of the law and their importance in managing the personnel system of the Foreign and Civil Service;

• Limiting the number of non-career staff in bureau front offices and limiting the size of special envoy staffs while blending them into normal bureau operations, unless special circumstances dictate otherwise.

SPOT AN FSO

U.S. Secretary of State John Kerry and Cuban Foreign Minister Bruno Rodríguez, flanked by their respective advisers, sit together on April 9, 2015, in Panama City, Panama, during a bilateral meeting - the first between officials at their level since 1958 - on the sidelines of the Summit of the Americas. [State Department photo/ Public Domain

CUBA: U.S. Secretary of State John Kerry and Cuban Foreign Minister Bruno Rodríguez, flanked by their respective advisers, sit together on April 9, 2015, in Panama City, Panama, during a bilateral meeting – the first between officials at their level since 1958 – on the sidelines of the Summit of the Americas. [State Department photo/ Public Domain

16393128143_d7efaf5a49_z

IRAN:  U.S. Secretary of State John Kerry, U.S. Under Secretary for Political Affairs Wendy Sherman, and senior advisers watch President Barack Obama hold a news conference from the Rose Garden at the White House backstage at the École Polytechnique Fédérale de Lausanne before he addressed reporters in Switzerland on April 2, 2015. [State Department photo/ Public Domain]

The AAD report looks in two directions. “One is at the politicization of the policy and appointment process and management’s effort to nullify the law—the Foreign Service Act of 1980 (“the Act”)— both of which reduce the role of a professional Foreign Service. We strongly believe this weakens the nation and the State Department and must be reversed and resisted.  A second focus is on key improvements for both the Civil and Foreign Service to strengthen professional education and the formation and quality of these careers.”

The report also makes two central recommendations:

1. The Secretary and the State Department should continue to press the Office of Management and Budget (OMB) and Congress for resources—positions, people and the funds needed to support them—to restore to American diplomacy the ability to play its critical role in the country’s national security.

2. The Department must define the respective and distinctive roles of the Foreign Service and Civil Services to clarify their complementary functions, in accordance with legislative language.

The rest of the recommendations are summarized under five headings: reversing the politicization of the policy process; ending efforts to nullify the Foreign Service Act of 1980; improving personnel development and education; meeting the challenges of the Civil Service; and optimizing workforce development.

Click here to view the abridged report.

Click here to view the full report.

For a consolidated list of recommendations, click here.

A side note, there wasn’t a lot of coverage when this report was publicly released on April 1, 2015.  WaPo’s Joe Davidson did write about it in Foreign Service officers fear State Dept. wants to define them away. The comments section over in WaPo will give you an idea about the perception of the American public, and will, undoubtedly make FS members frustrated or even upset. But no matter how mad you may get, if you must respond online, we caution for a tempered response like one made by retired FSO James Schumaker. And do please stay away from “Did you pass the FSO exam?,” as a response; that will not win friends nor influence people.

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Happy Easter Greeting: SFRC Left Town With 19 Ambassadorial Nominations Still Stuck on Glue!

Posted: 6:58 am EDT

 

On March 10, the Senate Foreign Relations Committee (SFRC) held confirmation hearings for the following nominees:

  • Mr. Stafford Fitzgerald Haney
    Of New Jersey, To Be Ambassador To Costa Rica
    Download Testimony
  • Mr. Matthew T. McGuire
    Of The District Of Columbia, To Be United States Executive Director Of The International Bank For Reconstruction And Development For A Term Of Two Years
    Download Testimony
  • Mr. Gentry O. Smith
    Of North Carolina, To Be Director Of The Office Of Foreign Missions, And To Have The Rank Of Ambassador
    Download Testimony
  • Mr. Charles C. Adams Jr.
    Of Maryland, To Be Ambassador Of The United States Of America To The Republic Of Finland
    Download Testimony

 

On March 25, four more nominees had their confirmation hearings before the committee:

  • Mr. Paul A. Folmsbee
    Of Oklahoma, To Be Ambassador Of The United States Of America To The Republic Of Mali
    Download Testimony
  • Ms. Mary Catherine Phee
    Of Illinois, To Be Ambassador Of The United States Of America To The Republic Of South Sudan
    Download Testimony=
  • Ms. Cassandra Q. Butts
    Of The District Of Columbia, To Be Ambassador Of The United States Of America To The Commonwealth Of The Bahamas
    Download Testimony
  • Ms. Katherine Simonds Dhanani
    Of Florida, To Be Ambassador Of The United States Of America To The Federal Republic Of Somalia
    Download Testimony

 

On March 27, the U.S. Senate left for the Easter recess, so we won’t see the senators hard at work again until mid April. None of the nominees who already had their confirmation hearings this month were cleared before the committee left town.  Regular Foreign Service officers who have been waiting confirmation for their promotions have also been stuck, some in super glue. We will have a separate post on that. The following are the 25 nominations for ambassadors and senior officials stuck in Committee.

via Wikimedia Commons

via Wikimedia Commons

 

2015-03-26 PN325 | Alaina B. Teplitz, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Democratic Republic of Nepal.

2015-03-26 PN324 Julieta Valls Noyes, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Croatia.

2015-03-26 PN323 Atul Keshap, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Socialist Republic of Sri Lanka, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Maldives.

2015-03-25 PN317 Lucy Tamlyn, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Benin.

2015-03-25 PN316 Hans G. Klemm, of Michigan, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Romania.

2015-03-25 PN315 Kathleen Ann Doherty, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cyprus.

2015-03-16 PN289 Ian C. Kelly, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Georgia.

2015-03-11 PN280 David Hale, of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Islamic Republic of Pakistan.

2015-03-04 PN238 Perry L. Holloway, of South Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Co-operative Republic of Guyana.

2015-03-04 PN237 Gregory T. Delawie, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Kosovo.

2015-02-25 PN212 Sheila Gwaltney, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kyrgyz Republic.

2015-02-25 PN211 Katherine Simonds Dhanani, of Florida, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Somalia.

2015-02-12 PN192 Mary Catherine Phee, of Illinois, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of South Sudan.

2015-02-12 PN189 Charles C. Adams, Jr., of Maryland, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland.

2015-02-05 PN177 Nancy Bikoff Pettit, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Latvia.

2015-02-05 PN176 Stafford Fitzgerald Haney, of New Jersey, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica.

2015-02-05 PN175 Cassandra Q. Butts, of the District of Columbia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

2015-01-08 PN49 Azita Raji, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

2015-01-08 PN47 Paul A. Folmsbee, of Oklahoma, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Mali.

Nominees for two ambassador ranked positions at the United Nations and four assistant secretary level positions at the State Department are also awaiting their confirmation hearings and/or full  Senate vote.

2015-02-12 PN191 United Nations | Sarah Elizabeth Mendelson, of the District of Columbia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during her tenure of service as Representative of the United States of America on the Economic and Social Council of the United Nations.

2015-02-12 PN190 Department of State | Sarah Elizabeth Mendelson, of the District of Columbia, to be Representative of the United States of America on the Economic and Social Council of the United Nations, with the rank of Ambassador.

2015-01-29 PN131 Department of State| Gentry O. Smith, of North Carolina, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Director of the Office of Foreign Missions, and to have the rank of Ambassador during his tenure of service.

2015-01-16 PN87 Department of State | Brian James Egan, of Maryland, to be Legal Adviser of the Department of State.

2015-01-08 PN48 Department of State | Jennifer Ann Haverkamp, of Indiana, to be Assistant Secretary of State for Oceans and International Environmental and Scientific Affairs.

2015-01-08 PN46 Department of State | Michele Thoren Bond, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (Consular Affairs).

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374 Foreign Service Promotions Confirmed as Senate Rushed Out For Easter Break

Posted: 2:17 am EDT

 

After another lengthy wait, the U.S. Senate finally confirmed the promotion of 374 Foreign Service officers on March 27, 2015.  The Senate is now adjourned until April 13, 2015 where the wait for several more ambassadorial and regular FS nominees will presumably continue with no end in sight.

2015-03-27 PN69 Foreign Service

Nominations beginning Joyce A. Barr, and ending Nancy E. McEldowney, which 6 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.  The following-named Career Members of the Senior Foreign Service of the Department of State for promotion within the Senior Foreign Service to the class indicated: Career Member of the Senior Foreign Service of the United States of America, Class of Career Minister:

Joyce A. Barr

Robert F. Godec Jr.

Patricia M. Haslach

Paul Wayne Jones

Scot Alan Marciel

Nancy E. McEldowney

 

2015-03-27 PN70 Foreign Service/USAID

Nominations beginning Karen L. Freeman, and ending Monica Stein-Olson, which 5 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN71-1 Foreign Service

Nominations beginning Jeffrey N. Bakken, and ending Ellen Marie Zehr, which 37 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN72-1 Foreign Service

Nominations beginning Gregory Adams, and ending Todd R. Ziccarelli, which 177 nominations were received by the Senate and appeared in the Congressional Record on January 13, 2015.

2015-03-27 PN230-1 Foreign Service

Nominations beginning Alexious Butler, and ending Naida Zecevic Bean, which 143 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

2015-03-27 PN231 Foreign Service

Nominations beginning Adam Michael Branson, and ending Marc C. Gilkey, which 6 nominations were received by the Senate and appeared in the Congressional Record on February 26, 2015.

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Related posts:

 

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

Posted: 12:43  am EDT

 

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

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

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

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

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

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

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

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

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

Oy! What’s that?

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

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

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

 

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

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

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

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Former Secretary Clinton talks about her state.gov private emails

Posted: 01:11 am  EDT

 

Excerpt from the transcript of Hillary Clinton’s remarks on the email controversy swirling about via Time’s @ZekeJMiller:

There are four things I want the public to know.

First, when I got to work as secretary of state, I opted for convenience to use my personal email account, which was allowed by the State Department, because I thought it would be easier to carry just one device for my work and for my personal emails instead of two.

Looking back, it would’ve been better if I’d simply used a second email account and carried a second phone, but at the time, this didn’t seem like an issue.

Second, the vast majority of my work emails went to government employees at their government addresses, which meant they were captured and preserved immediately on the system at the State Department.

Third, after I left office, the State Department asked former secretaries of state for our assistance in providing copies of work- related emails from our personal accounts. I responded right away and provided all my emails that could possibly be work-related, which totalled roughly 55,000 printed pages, even though I knew that the State Department already had the vast majority of them. We went through a thorough process to identify all of my work- related emails and deliver them to the State Department. At the end, I chose not to keep my private personal emails — emails about planning Chelsea’s wedding or my mother’s funeral arrangements, condolence notes to friends as well as yoga routines, family vacations, the other things you typically find in inboxes.

No one wants their personal emails made public, and I think most people understand that and respect that privacy.

Fourth, I took the unprecedented step of asking that the State Department make all my work-related emails public for everyone to see.

I am very proud of the work that I and my colleagues and our public servants at the department did during my four years as secretary of state, and I look forward to people being able to see that for themselves.

Again, looking back, it would’ve been better for me to use two separate phones and two email accounts. I thought using one device would be simpler, and obviously, it hasn’t worked out that way.

 

The Clinton folks have also released a Q&A on her email use:

 

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So if we tell over 70,000 employees that they should secure their email accounts and “avoid conducting official Department business from your personal email accounts,” then we go off and use our own private non-government email, what leadership message are we sending out to the troops?  Follow what I say not what I do?

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The secretary of state is the highest classifying authority at the State Department. Since she did not have a state.gov account, does this mean, she never sent/receive any classified material via email in the entirety of her tenure at the State Department? If so, was there a specific person who routinely checked classified email and cable traffic intended for the secretary of state?

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The podium heads insist that there is no restriction in use of private emails. Never mind that this is exclusive use of private emails. If a junior diplomat or IT specialist sets-up his/her own email server to conduct government business at the home backyard shed in Northern Virginia, do you think Diplomatic Security would not be after him or her? Would he/she even gets tenured by the Tenuring Board despite systems management practices contrary to published guidelines?  If the answer is “yes,” we’d really like to know how this works. For ordinary people.

And then there’s this — if there were a hundred people at State that the then secretary of state regularly sent emails to, was there not a single one who said, “wait a minute’ this might not be such a great idea?

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Bottomline despite this brouhaha? Her personal email server will remain private. She has full control over what the public get to see. End of story. Or maybe not.

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Oops, what’s this? Oh, dear.

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