FSGB 2020-008: Voluntarily Curtail Under Threat of Involuntary Curtailment or a Bad EER

 

Via FSGB 2020-008
Grievant is a tenured FP-02 Diplomatic Security Special Agent assigned as the Regional Security Officer (“RSO”) at U.S. Embassy [REDACTED] from June 2, 2017 until her involuntary curtailment on May 30, 2019. On July 3, 2019 she filed a complaint with the Department’s Office of Civil Rights (“S/OCR”) alleging sex, disability and age discrimination and reprisal for prior protected activity. In her S/OCR complaint dated July 3, 2019, she alleged 10 separate incidents of discrimination or reprisal by her rater, the Deputy Chief of Mission (“DCM”). She also alleged that at a May 8, 2019 meeting with the Ambassador (her reviewer), the rater and other senior officials, the Ambassador asked her to voluntarily curtail. When she refused, her rater informed her that her Employee Evaluation Report (“EER”) from April 16, 2018 to April 15, 2019 would contain a negative review statement. She ultimately declined to voluntarily curtail.
[…]
Grievant’s recitation of the facts – the underlying transactions – are contained in her agency filing as she has not yet filed her supplemental submission where she would have an opportunity to refine further her claims and remedies. In that filing, she provides extensive background chronicling allegations of sex and other forms of discrimination by her rater, the DCM. She also describes in detail four instances in which she invoked the displeasure of the Ambassador, her reviewer, for raising concerns that his actions or proposed actions constituted security risks. She then describes the removal of laudatory language in the draft rater’s statement and the circumstances surrounding her involuntary curtailment where she claims the DCM threatened to insert a negative reviewer’s statement into her previously drafted EER. She attributes both of these actions to retaliation for informing the DCM that she was initiating S/OCR proceedings.
From footnote, p.9:
“In stating I was going to seek EEO counsel and AFSA guidance related to discrimination I faced from the DCM, as I believe there were reprisal protections in place, I never envisioned I would face retaliation in the form of an involuntarily curtailment. It was only after I stated I was going to seek EEO counseling and AFSA guidance related to the DCM’s changes to the rater statement and then my refusal to voluntarily curtail under threat of involuntarily curtailment that a review statement which contained alleged performance issues materialized in retaliation for not acquiescing to the Front Office’s discrimination and reprisal.”
The FSGB Board issued the following order:
“… the Department’s Motion to Dismiss is denied in its entirety. Since the Department did not consider grievant’s claims on the merits, the Board remands the case to the Department for a decision on the merits. The Department should advise the Board of its decision not later than 45 days from the date of this order. Pending that decision, the Board retains jurisdiction of the case. Once the Department’s amended decision has been issued, grievant will have 60 days to amend her grievance appeal to the Board. In the meantime, the proceedings before the Board are stayed. The timeline for discovery will start anew when grievant files her amended appeal or advises the Board that no such amended appeal will be forthcoming.”
The FSGB files are not readable online; the files have to be downloaded first. Click here and locate FSGB 2020-008 from “Decision and Orders 2020” to read the full Motion to Dismiss order.

ICE Says Student Visa Holders May Be Deported, @StateDept Whips Outs a Lipstick, Er … a Welcome Statement

 

 

Ex-FSO Tianna Spears: Dear @StateDept, “Hello there, it’s me again”

 

Tianna Spears:
“You held discussions and town halls. As the paint dries, Juneteenth receives recognition, and Confederate statues are destroyed, remember that this is just the beginning.
You ask people of color and Black employees to share their suffering and experiences that were repeatedly dismissed and ignored. There is trauma, mental illness, stolen dreams, nightmares, and whispers that travel around the world in household effects. This isn’t the case just for Foreign Service members that are people of color, but the entire organization.
As employees that are people of color come forward and speak their truth, have you provided paid counseling/ therapy and tangible resources to continue these conversations? You ask my fellow colleagues to do the work for you once again.
You retraumatize.”
Related post: You ask, what is it like to be Black in America? A former @StateDept employee tells her story

US Embassy Brazil: Ambassador Chapman Takes “Precautions” After July 4th Lunch With Bolsonaro

 

Where Americans Are Not Welcome Due to USA’s Epic Failure in Containing COVID-19 Infections #RealPostoftheMonth

 

Fourth of July 2020: Who’s Doing What Where During This Global Pandemic?

 

U.S. Embassy Brasilia, Brazil

U.S. Embassy Prague, Czech Republic

U.S. Embassy Bangkok, Thailand

U.S. Embassy Belgrade, Serbia

U.S. Embassy Phnom Penh, Cambodia

U.S. Embassy The Hague, The Netherlands

U.S. Embassy Seoul, South Korea

U.S. Embassy Athens, Greece

 

U.S. Embassy Singapore, Singapore

U.S. Embassy Kuala Lumpur, Malaysia

US Embassy Kabul, Afghanistan

(Same stock photo used by US Embassy Prague, attributed here to Getty Images).

U.S. Embassy Banjul, The Gambia

U.S. Embassy London, UK

U.S. Consulate Thessaloniki, Greece

U.S. Embassy Kolonia, Micronesia

U.S. Consulate Calgary, Canada

 

U.S. Embassy Managua, Nicaragua

U.S. Embassy Lusaka, Zambia

 

U.S. Mission Italy

U.S. Embassy Antananarivo, Madagascar

U.S. Consulate Milan, Italy

U.S. Embassy Podgorica, Montenegro

U.S. Embassy Mexico City, Mexico

U.S. Consulate General Toronto, Canada

Senator Menendez Asks WH to Withdraw Mark Burkhalter as Ambassador Pick For Norway

 

On May 15, the WH announced the president’s intent to nominate J. Mark Burkhalter, of Georgia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Norway. The WH released the following brief bio:

Mr. Burkhalter is a Senior Advisor in the Public Policy and Regulation practice at Dentons U.S. LLP, and plays a significant role in Dentons’ public affairs and economic development initiatives in the United Kingdom.

Mr. Burkhalter represented the Atlanta suburbs of north Fulton County in the Georgia General Assembly for 18 years, where he focused on promoting economic development, business growth, and quality of life in the greater metropolitan Atlanta area.  He left office as the Speaker Emeritus, having served as Speaker of the House and Speaker Pro Tempore.

Parallel to his government service, Mr. Burkhalter built a successful career in real estate development.  He received his B.A. at the University of Georgia with a double major in German and Slavic Languages, and Global Studies/Political Science.  He is conversant in German.

On July 2, WaPo reports that the nominee “did not disclose his involvement in the creation of a racist flier that distorted the features of a black politician in Georgia.”
Senator Robert Menendez (D-NJ), the ranking member of the Senate Foreign Relations Committee is urging the White House to withdraw the Burkhalter nomination.
The most recently confirmed U.S. Ambassador to Oslo , Kenneth J. Braithwaite became the 77th @SECNAV last May. 

 

Related posts:

 

 

The Demise of Government: The Grim Task of Undoing Trump’s Damage (Via Just Security) #RealPostoftheMonth

Via Just Security:
“…The past three years in the United States have witnessed a concentration of discretionary authority in the hands of the president, the dismantling of the federal government’s institutional resources, and a degeneration of policy and budgeting into a short-term horizon focusing exclusively on immediate political gain — and often on croneyist profit. We did not need to be inside the room with John Bolton to see how de-institutionalized governance and discretionary power yield a “caudillo” or despotic style that would reduce democracy to little more than a show, with the claim that elections are periodically held.
Across five key dimensions, the result is a loss of capacity and direction that future administrations will struggle to restore. The Trump administration’s assault on state competence, in favor of freewheeling dominance by individual executive discretion, threatens the United States with an erosion of democracy that echoes the populist cascade in Hungary, India, Turkey, Brazil, the Philippines — unfortunately, the list goes on.
[…]
…change in the very nature of political practice far exceeds any easily identified policy demarcations. We have begun to see the unwinding of modern America. The effects will not simply evaporate when Trump leaves office. Lasting damage has been done to public trust in democratic institutions, the status of news media, the respect for science and proof, and more. Putting our political culture and democratic system back together will require more than mere policy repair.”
Read in full below:

US Mission Saudi Arabia Now on Voluntary Evacuation After COVID-19 Cases Leaked #HoldOn

On Monday,  June 29, 2020, the State Department issued an updated Travel Advisory for Saudi Arabia announcing that on Wednesday, June 24, it authorized the voluntary evacuation of nonemergency personnel and family members from the US Mission in Saudi Arabia. This includes Embassy Riyadh, and the consulates general in Jeddah and Dhahran. The order was issued “due to current conditions in Saudi Arabia associated with the COVID-19 pandemic.”

On June 24, 2020, the Department of State authorized the departure of non-emergency U.S. personnel and family members from the U.S. Mission to Saudi Arabia, which is comprised of the Embassy in Riyadh and the Consulates General in Jeddah and Dhahran, due to current conditions in Saudi Arabia associated with the COVID-19 pandemic.  

Apparently, dozens of mission employees got sick last month, and many more were quarantined. A third country national working as a driver for the mission’s top diplomats had reportedly died. The Embassy’s Emergency Action Committee “approved the departure for high risk individuals” but the State Department “denied” the request advising post  “to do whatever it can to hold on until the Covid problem improves.”
Whatthewhat? Hold on is the plan?
Also that “more recently, officials on the embassy’s emergency action committee recommended to Mr. Abizaid that most American employees should be ordered to evacuate, with only emergency personnel staying. Mr. Abizaid has not acted on that.”
Reminds us of what happened at some posts back in March (Is @StateDept Actively Discouraging US Embassies From Requesting Mandatory Evacuations For Staff? #CentralAsia? #Worldwide?). COVID-19 Pandemic Howler: “No one in DC, to include S, gives AF about AF”.  More recently, reports of COVID-19 cases at US Embassy Kabul (US Embassy Kabul: As Many as 20 People Infected With COVID-19 (Via AP).  Where else?

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@StateDept Updates Regulations to Include New Compensation For Certain Injuries #MysteryIllness #TheThing

 

On May 28, 2020, the State Department updated the Foreign Affairs Manual to include Compensation for Certain Injuries for State, USAID, USAGM, Commerce, Foreign Service Corps-USDA Foreign Service and Civil Service Employees who becomes injured “by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.”

3 FAM 3660 COMPENSATION FOR CERTAIN INJURIES
(CT:PER-994;   05-28-2020)
(Uniform State/USAID/USAGM/Commerce/Foreign Service Corps-USDA)
(Applies to Foreign Service and Civil Service Employees)

a. Pursuant to Public Law 116-94, Division J, Title IX, section 901, Congress allows the Secretary of State to pay benefits to certain Department of State personnel under chief of mission authority who incurred a qualifying injury and are receiving benefits under section 8105 or 8106 of Title 5, United States Code.  It further authorizes the Secretary of State to pay for the costs of diagnosing and treating a qualifying injury of a covered employee, as defined in 3 FAM 3662, that are not otherwise covered by chapter 81 of Title 5, United States Code (the Federal Employees Compensation Act (FECA)) or other provision of Federal law; and to pay the costs of diagnosing and treating a qualifying injury of a covered individual or covered dependent, as defined in 3 FAM 3662, that are not otherwise covered by Federal law.

b. The Bureau of Global Talent Management (GTM) administers this program.

c.  Under this program, covered employees, as defined in 3 FAM 3662, may qualify for a monthly monetary benefit if they are receiving benefits under section 8105 or 8106 of Title 5, United States Code.

d. Under this program, a covered employee, covered individual, or covered dependent, as defined below, may qualify for reimbursement for the costs of diagnosing and treating a qualifying injury which are not otherwise covered.

e. Payments made under this provision are not considered workers’ compensation payments.

[…]

Covered employee:  An employee of the Department of State who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and was assigned to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country as designated by the Secretary of State under 3 FAM 3666.

(1)  For purposes of 3 FAM 3663, the following career-type employees are considered “employees of the Department of State” to whom this benefit may apply:  Department of State Foreign Service Officers, Department of State Foreign Service Specialists, and career Department of State Civil Service employees working overseas on detail or a Limited Non-Career Appointment (LNA).

Note that per FAM: The following are NOT considered “employees of the Department of State” for purposes of 3 FAM 3663:  retired employees and employees of other agencies; employees on limited appointments including LNAs (except as discussed above), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions. Employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC) are also not employees under this section.     

 (2)  For purposes of 3 FAM 3664, the following employees are considered “employees of the Department of State” to whom this benefit may apply: Department of State Foreign Service Officers; Department of State Foreign Service Specialists; Department of State Civil Service employees; employees on Limited Non-Career Appointments (LNA), Family Member Appointments (FMA), Foreign Service Family Reserve Corps (FSFRC), Expanded Professional Associates Program (EPAP), and Consular Affairs – Appointment Eligible Family Member (CA-AEFM) Adjudicator positions.

Note that the following are not considered “employees of the Department of State” for purposes of 3 FAM 3664:  employees hired on a Personal Services Agreement (PSA) or Personal Services Contract (PSC); retired employees, and employees of other agencies.

Covered individual:  An individual who, on or after January 1, 2016, becomes injured by reason of a qualifying injury and is

(1)  detailed to a duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; or

(2)  affiliated with the Department of State, as determined by the Secretary of State.

(3)  Per Memorandum signed 24 April 2020, the Under Secretary for Management has determined that other agency employees under chief of mission authority are “affiliated with the Department of State.”

Covered dependent:  A family member of a Federal employee who, on or after January 1, 2016,

(1)  accompanies the employee to an assigned duty station in the Republic of Cuba, the People’s Republic of China, or another foreign country designated by the Secretary of State under 3 FAM 3666; and

(2)  becomes injured by reason of a qualifying injury.

Family member:  An individual who is an “Eligible Family Member” as defined in 14 FAM 511.3.

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