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

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

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

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

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

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

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

 

 

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

 

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