Daily Archives: December 5, 2016

69th Secretary of State Race: New Names Include Stavridis, Huntsman, Tillerson, Manchin #dazzle&wow

December 5, 2016 By in Ambassadors, Political Appointees, Politics, Secretary of State, Social Media, Spectacular, State Department, Top Ranks, Transition, Trends, Trump Tags: , , , , , , , , , , 1 Comment

Posted: 12:58 ET
[twitter-follow screen_name=’Diplopundit’ ]

 

In addition to the new names floated today, Politico is reporting that “whoever ultimately gets the top job at the State Department, multiple Trump transition sources said former United Nations ambassador John Bolton is widely expected to be offered a chance to be slotted in as one of the secretary’s top deputies, if not as the No. 2.”  Rep. Dana Rohrabacher, R-Calif., is reportedly also likely to be offered a lower post in the State Department, according to unnamed Politico sources.  Also as has been reported previously, Giuliani has told the Trump team directly that he isn’t interested in any other job than secretary of state.  As of this writing, Predictit still has Romney leading the pack, followed by Huntsman, Giuliani, Corker, Bolton, Petraeus, Rohrabacher, Tillerson and Manchin.

Howaboutthisguy? He razzle dazzle, hey? This is pretty doable for the 8th Floor, right?

The Funnies, not funnies over on Twitter:

@StateDept Cites 10 Cases Where Employees Were Placed on Admin Leave, See #10

December 5, 2016 By in Diplomatic Security, Foreign Service, Govt Documents, Grievance, Realities of the FS, Regulations, Security, Security Clearance, Staffing the FS, State Department Tags: , , , , , , , , ,

Posted: 12:41 ET
[twitter-follow screen_name=’Diplopundit’ ]

 

3 FAM 3464 defines “Excuse Absence” (commonly known as administrative leave) as absence from duty administratively authorized or approved by the leave-approving officer and does not result in a charge in leave of any kind or in loss of basic salary. 3 FAM 3464.102 also provides for Conduct-Related Excused Absence “Excused absence may be directed in rare circumstances and when authorized as provided by 3 FAH-1 H-3461.2 when an investigation, inquiry, or disciplinary action regarding the employee’s conduct is pending, has been requested, or will be requested within 2 workdays, and the continued presence of the employee in the workplace may pose a threat to the employee or to others, or may result in loss of, or damage to, U.S. Government property, or may otherwise jeopardize legitimate U.S. Government interests.”

According to grievance records, during the discovery phase of FSGB No. 2015-029, the State Department provided grievant with a spread sheet identifying 10 cases in which employees were placed on administrative leave pursuant to 3 FAM 3464.1.-2.

Via FSGB:  We quote the stated reasons for the administrative leave as follows (with numbering added):

  • 1) Ongoing investigation. Employee admitted to taking extra passport applications from courier beyond allowed quota. . . . (3 separate cases);
  • 2) Arrest based on violation of protective order;
  • 3) Allegations of misconduct and alcohol consumption while at US Embassy;
  • 4) Employee’s clearance suspended – reasons unknown. Employee failed to meet DS for compelled interview;
  • 5) By letter dated 11/14/13, PSS notified her of suspension of clearance. . . . ;
  • 6) Security Clearance suspended by DS. . . . ;
  • 7) DS investigating employee fraud/impersonating supervisor to obtain federal housing benefits;
  • 8) Arrested on child pornography charges. (no indication employee used USG equipment);
  • 9) Incident resulting in death of Ambassador and others. Admin leave while office evaluates appropriate action (3 separate cases);
  • 10) Employee investigated based on allegations of the rape of 2 women.

Grievant lacks any basis for asserting that the AL granted in these other cases did not serve USG “interests.” Those interests are broad, going far beyond the obvious trauma and safety issues as to other employees. Realistically, all 10 cases (based on the brief descriptions given in the record) invoked some type of governmental interest that was rather self-evident, e.g., stopping an employee from impersonating a supervisor or investigating the actual suspension of someone’s security clearance.21 The bottom line is that the Department’s decisions to grant AL to other persons who were subject to various investigations is not even pertinent to the grievant, [REDACTED].

The FSGB finds that “administrative leave is not an entitlement that would provide the grievant with certain safeguards, but is instead a prerogative administered by management to meet the needs of the Service.”

#

 

Sexual Assault Related posts:

 

Administrative Leave: A Prerogative to Meet the Needs of the Service, Not/Not an Entitlement

December 5, 2016 By in Court Cases, Diplomatic Security, Federal Agencies, Foreign Service, Govt Documents, Media, Realities of the FS, Regulations, Staffing the FS, State Department Tags: , , , , , , , , , ,

Posted: 12:37  pm RT
[twitter-follow screen_name=’Diplopundit’ ]

 

Unlike the MSPB, the Foreign Service Grievance Board does not identify its precedential decisions but the case below on administrative leave is worth noting whether this is precedent setting or not. In this case, FSGB says that administrative leave is 1) not an entitlement, 2) that it is a prerogative administered by management to meet the needs of the Service, 3) and that Department was not obligated to provide grievant with an explanation for its decision to deny admin leave.

Via FSGB:

Grievant is a Diplomatic Security Service Special Agent who became involved in an altercation with a local civilian while off duty during a temporary duty (TDY) assignment in Honolulu. This incident resulted in the discharge of his service weapon and the death of the civilian. The State of Hawaii brought criminal charges against grievant, and the Department of Justice (DOJ) declined to represent him, finding that the incident was not the consequence of an official act or performance of his official duties.

For unspecified reasons, the Department placed grievant on administrative leave twice: first, in the aftermath of the shooting, when he was under judicial order not to leave Honolulu, and second, during the pendency of his first trial in 2013 (which resulted in a hung jury). Facing a second trial in 2014, grievant asked the Department to place him on administrative leave again. The Department ultimately denied this latter request and upheld its decision in an agency-level grievance.

Grievant acknowledged that under regulation (3 FAM 3464) the Department has discretionary authority to grant or deny administrative leave. He argued that although the Department is not compelled to grant his request, the weight of both equity and precedent suggest that it should do so. He asserted that the circumstances under which the Department earlier took the initiative to place him on administrative leave are substantially the same as those for which he later requested administrative leave (i.e., for his second trial) and arise from the same incident. He contended that if the Department is to “change” its decision regarding whether to grant him administrative leave, it must provide him an explanation of why it did so.

As the instant appeal does not concern discipline, grievant bears the burden of demonstrating that his grievance is meritorious. We found that grievant had failed to demonstrate that the Department had any obligation to approve his request for administrative leave or that it had violated any law or regulation in not doing so. Finally, we found that the facts of this case do not establish that the Department “changed” its decision; rather, the various decisions it made regarding whether to place grievant on administrative leave were separate, independent decisions. The Board concluded that the Department was not obligated to provide grievant with an explanation for its decision to deny AL. The appeal was denied in its entirety.

Read in full below:

 

Related posts:

 

“Trump of the East” Gets an Invite to Visit the White House in 2017 #ikilledabout3people

December 5, 2016 By in EAP|East Asia, Foreign Affairs, Foreign Policy, Media, State Department, Trump, U.S. Missions Tags: , , , , , , , , ,

Posted: 12:30 am  ET
[twitter-follow screen_name=’Diplopundit’ ]

 

We blogged previously about the Philippines’ most unstatesmanlike president, Rodrigo Duterte. On December 3, Mr. Duterte said that he spoke with President-elect Donald J. Trump. According to the Philippine president, President-elect Trump told him that the Philippines was conducting its drug campaign “the right way.”  Local media reported that Duterte said of Trump: “He understood the way we are handling it and I said that there’s nothing wrong in protecting a country. It was a bit very encouraging in the sense that I supposed that what he really wanted to say was that, ‘we would be the last to interfere in the affairs of your own country.'”

President-elect Trump reportedly invited Mr. Duterte to visit him in the White House in 2017. According to rappler.com, the Philippine President also invited Mr. Trump to attend the 2017 Association of Southeast Asian Nations (ASEAN) Summit, which will be hosted by the Philippines next year.

Here’s a clip of the Philippine president telling a reporter that he killed about three people … (see the 2:16 mark).

View on YouTube. Check out the official channel here: https://www.youtube.com/user/LastWeek…

 

#