@StateDept Recalls Amb. Marie Yovanovitch From Ukraine After Persistent Campaign For Removal

 

The U.S. Ambassador to Ukraine Marie Yovanovich has reportedly been recalled and now expected to depart post on or about May 20. This development followed a persistent campaign for her removal among conservative media outlets in the United States as well as allegations by Ukrainian Prosecutor-General Lutsenko concerning a do not prosecute list.

The State Department reportedly told RFE/RL  on May 6,  that Ambassador Yovanovitch “is concluding her 3-year diplomatic assignment in Kyiv in 2019 as planned.” And that “her confirmed departure date in May aligns with the presidential transition in Ukraine,” which elected a new president in April.

While that may well be true – she was confirmed in 2016, a 3-year tour is a typical assignment; the new Ukraine president takes office on June 3rd — it is hard to ignore the louder voices calling for the ambassador’s removal from post for political reasons. It doesn’t help that there is no Senate confirmed EUR Assistant Secretary or that the Secretary of State did not see it fit to come forward to defend his top representative in a priority country in Europe.

Ambassador Yovanovich is a career diplomat and a Senate-confirmed Ambassador representing the United States in Ukraine. She previously served as Ambassador to the Republic of Armenia (2008-2011) under President Obama and to the Kyrgyz Republic (2005-2008) under President George W. Bush. We’ve seen people calling career diplomats “holdovers”. If they were political appointees, they would be called “holdovers” or “burrowers,” but they are career public servants; that term does not apply to them. If some folks insists on calling them “holdovers,” then the least that these folks can do is to accurately enumerate all the public servants’ prior presidential appointments, some going back 30 years at the start of their careers in the diplomatic service.

Perhaps it is helpful to point out that as career appointees, ambassadors like Ambassador Yovanovich do not go freelancing nor do they go rogue; they do not make their own policy concerning their host country.  They typically get their marching orders from their home bureau, in this case, the Bureau of European and Eurasian Affairs (EUR) at the State Department, under the oversight of the Under Secretary for Political Affairs, who report to the Secretary of State.  And they follow those orders.  Even if they disagree with those orders or the administration’s policies. Career diplomats who do not follow their instructions do not have lengthy careers in the diplomatic service.

After all that, if the United States is taking the word of a foreign official over our own ambassador, it’s open season for our career diplomats. Will the “you want a U.S. ambassador kicked out from a specific country go on teevee ” removal campaign going to become a thing now? Will the Secretary of Swagger steps up?

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FSGB finds no merit in argument that @StateDept has “unfettered discretion” to grant or deny SNEA benefit

Via FSGB Case No. 2018-016:

“The Department next argues that its granting a SNEA under section 5924 is “discretionary,” and in any event must be paid in accordance with the DSSRs. As we have previously stated, the prior authorization the grievants sought, for reimbursement after their arrival at post, is fully consistent with the DSSRs. Further, we find no merit to the argument that the Department has unfettered discretion under section 5924 to grant or deny a SNEA benefit to employees in any way it may see fit. Rather, law and regulation must limit its discretion.”

Via giphy.com

EEOC: Sex Discrimination and Reprisal Found in USAID Case

Via The Digest of Equal Employment Opportunity Law | Volume 1Fiscal Year 2019

Complainant must satisfy a three-part evidentiary scheme to prevail on a claim of disparate treatment sex and reprisal discrimination.  McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). First, Complainant must establish a prima facie case by demonstrating that s/he was subjected to an adverse employment action under circumstances that would support an inference of discrimination.  McDonnell Douglas, 411 U.S. at 802; Furnco Constr. Co. v. Waters, 438 U.S. 567, 576 (1978). Second, the burden is on the Agency to articulate a legitimate, nondiscriminatory, reason for its actions. Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981).  Third, should the Agency carry its burden, Complainant must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the Agency were not its true reasons, but were a pretext for discrimination.  McDonnell Douglas, 411 U.S. at 804; St. Mary’s Honor Center v. Hicks, 509 U.S. 502 (1993).”

Sex Discrimination & Reprisal Found.

Complainant, a Senior Fellow, filed an EEO complaint alleging that she was discriminated against based on sex (pregnancy), and reprisal, when her supervisor (S1) made disparaging remarks about her pregnancy; subjected her to increased scrutiny and reporting requirements related to her telework; required her to apply leave retroactively to dates and times when S1 knew she worked; terminated her alternate work schedule (AWS); and did not extend her fellowship. The Commission found that Complainant established a prima facie case of sex and reprisal discrimination, and then demonstrated that the Agency’s reasons were pretext for discrimination. Regarding Complainant’s telework reports, the record showed that she submitted extensive narratives, and clearly met the reporting requirements. Additionally, emails between Complainant and S1 showed that he knew she was working more than eight hours a day, but still asked her to take leave, and did not approve all her work hours. S1 stated that he denied Complainant an AWS due to a lack of coverage. However, the record showed that Complainant was meeting her work requirements, and that she was responsive and accountable while using workplace flexibilities. The Commission found that the Agency did not articulate a legitimate, nondiscriminatory reason for not renewing her fellowship because S1’s assertion that Complainant had performance problems was not supported by any documentation. Further, Complainant had shown pretext because management’s responses were inconsistent. Accordingly, the Commission concluded that the preponderance of the evidence supported Complainant’s claim that she was subjected to sex and reprisal discrimination. The Agency was ordered, among other things, to provide Complainant with a fellowship, or similar position, with an opportunity to extend on a yearly basis (similar to other fellows); conduct a supplemental investigation to determine compensatory damages; and provide training to the responsible management officials. Reita M. v. Agency for Int’l Dev., EEOC Appeal No. 0120161608 (July 17, 2018).

SFRC Clears 9 @StateDept, Peace Corps and MCC Nominees

On May 2, the Senate Foreign Relations Committee cleared the following nominations paving the way for their full vote in the U.S. Senate:

Mr. Brian J. Bulatao, of Texas, to be an Under Secretary of State (Management)

Mr. David Schenker, of New Jersey, to be an Assistant Secretary of State (Near Eastern Affairs)

Mr. Robert A. Destro, of Virginia, to be an Assistant Secretary of State (Democracy, Human Rights, and Labor)

The Honorable David Michael Satterfield, of Missouri, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Turkey

Mr. Edward F. Crawford, of Ohio, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ireland

Ms. Kate Marie Byrnes, of Florida, 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 North Macedonia

The Honorable James S. Gilmore, of Virginia, to be U.S. Representative to the Organization for Security and Cooperation in Europe, with the rank of Ambassador

Mr. Alan R. Swendiman, of North Carolina, to be Deputy Director of the Peace Corps

Mr. Sean Cairncross, of Minnesota, to be Chief Executive Officer, Millennium Challenge Corporation

 

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