Waiting For Tillerson: Grievance Board’s Term Expired on 9/30, Members Down From 18 to 8

Posted: 2:52 am ET
Updated: 9:12 am PT

 

Update: After this blogpost was posted, we received the following from FSGB today:  “Secretary Tillerson appointed 11 members to the Board on November 3, 2017 – six former members were reappointed and five new members were appointed to their first terms on the Board. this yields a net increase of one Board member, bringing the total to 19 members. On the question of the website address: IRM is aware of the issue with the website and is researching a solution to resolve it. the current address is a temporary fix to allow us to stay online until IRM finds a permanent solution that will comply with the FAH.” The website has now been updated to reflect the members of the new Board.

The Foreign Service Grievance Board has 18 members.  The two-year appointment of 10 of 18 members expired on September 30, 2017. Secretary Tillerson needs to appoint new members of the Board. He is reportedly “considering appointments to the Board” but six weeks later, he has yet to announced his decision.

A quick background on the Foreign Service Grievance Board (FSGB) via fsgb.gov:

On March 26, 1976 Congress amended the Foreign Service Act of 1946 to establish a permanent grievance system.  Although it retained many of the procedures of the earlier, interim system, the statutory system carried additional functions and authority.  In particular, the new Board could order the suspension of agency actions pending the Board’s decision in cases involving the separation or disciplining of an employee if it considered such action warranted.  Further, the Board’s recommendations to an agency head could be rejected only if they “would be contrary to law, would adversely affect the foreign policy or security of the United States, or would substantially impair the efficiency of the service.”

Under Section 1105 of the Foreign Service Act of 1980, as amended (the Act), Congress established the Foreign Service Grievance Board, which consists of no fewer than five members who are independent, distinguished citizens of the United States. Well known for their integrity, they are not employees of the foreign affairs agencies or members of the Service. Each member, including the Chairperson, is appointed by the Secretary of State for a term of two years, subject to renewal. Appointments are made from nominees approved in writing by the agencies served by the Board and the exclusive representative for each such agency. The Chairperson may select one member as a deputy who, in the absence of the Chair, may assume the duties and responsibilities of that position. The Chair also selects an Executive Secretary, who is responsible to the Board through the Chairperson.

The grievance system underwent further change pursuant to the Foreign Service Act of 1980 and implementing regulations which went into effect on June 11, 1984.  The Foreign Commercial Service of the Department of Commerce and the Foreign Agricultural Service of the Department of Agriculture were added to the agencies already covered.

Through the years the makeup of the Board has changed from the initial nine members to a membership of 18.  Board members are appointed by the Secretary of State and the innovative mix of an almost equal number of professional arbitrators and of other members having Foreign Service experience has remained constant.

According to the FSGB, the terms of the Chairman and Deputy Chair expired on October 1, 2017, and the Board awaits the Secretary’s appointment of a new Chair.

In 2014, the average time for the disposition of an FSGB case from time of filing to Board decision, withdrawal or dismissal was 41 weeks. In 2015, it went down to 34 weeks, and in 2016 that time was up to 39 weeks.  The length of time for disposition of FSGB cases will likely go up again given that the members are down to its last eight members, they have no chairperson until one is appointed, and new members have yet to be appointed six weeks since the last Board’s appointment ended.

Below is the announcement from the FSGB:

Until October 1, the Foreign Service Grievance Board consisted of 18 members, appointed by the Secretary of State to two-year terms.  The terms of ten FSGB members, including the Chairperson, expired on September 30, 2017.  The Secretary of State is considering appointments to the Board, but has not yet announced his decision.  Until the appointments are announced, the remaining eight Board members, with the aid of their staff, will continue to work on resolving the cases before the Board to the extent allowed by time constraints and the limits of the Board’s authority under the Foreign Service Act.  Parties to grievance cases before the Board should adhere to all case processing deadlines, communicating with the adjudication panels through the Board Special Assistant assigned to their cases.  Grievants filing cases in this interim period will receive specific guidance after the grievance is filed. 

The Board requests patience, as case processing times will likely increase due to the reduced number of Board members able to rule on grievances.  Parties will be notified of changes to panel membership when such a change becomes necessary.

Also hey, what’s the deal with FSGB’s new URL –https://regionals.service-now.com/fsgb_public?

State Department websites are supposed to have a .gov in their URLs and are prohibited from using .com.  Per 5 FAH 8 H-342.3-2 Required Domain Names “Department public websites must use a state.gov domain name or .gov according to the naming convention for posts. The top-level name .com is strictly prohibited.”

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Confirmations: Goldstein, Lawler, Johnson, Gonzales, and Four New Career Ministers

Posted: 4:45 pm PT

 

On November 16, the U.S. Senate confirmed several nominations for the State Department, including the first under secretary confirmation under the Tillerson tenure, two ambassador nominees for Lesotho and Namibia, and two Foreign Service lists.

Mr. Irwin Steven Goldstein, of New York, to be Under Secretary of State for Public Diplomacy

Mr. Sean P. Lawler, of Maryland, to be Chief of Protocol, and to have the rank of Ambassador during his tenure of service

Ms. Rebecca Eliza Gonzales, of Texas, 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 Kingdom of Lesotho

Ms. Lisa A. Johnson, of Washington, 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 Namibia

The U.S. Senate also confirmed the following Foreign Service lists:

2017-11-16 PN1199 Foreign Service Nominations beginning Lisa-Felicia Afi Akorli, and ending Stephanie P. Wilson, which 169 nominations were received by the Senate and appeared in the Congressional Record on November 1, 2017.

2017-11-16 PN1200 Foreign Service Nominations beginning John R. Bass II, and ending Sung Y. Kim, which 4 nominations were received by the Senate and appeared in the Congressional Record on November 1, 2017.

For those keeping tabs that means the population of the current Career Minister rank in the Foreign Service just increased from 22 to 26 with the confirmation of the following:

  • John R. Bass II, of VA
  • John D. Feeley, of DC
  • Judith G. Garber, of VA
  • Sung Y. Kim, of VA

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@StateDept Now Has an Official Bio For New Counselor of the State Department Maliz E. Beams

Posted: 12:26 am ET
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On August 23, 2017, we blogged about the appointment of the new Counselor of the State Department (see Former Voya Financial CEO Maliz Beams Reportedly Appointed @StateDept Counselor).

We don’t  recall ever seeing a public announcement of this appointment. The new bio page of Ms Beams indicates that she was appointed to this position on August 17, 2017. We recall searching but not finding her official bio on state.gov. We found it this week. This position reports directly to the Secretary of State, and does not require Senate confirmation.

Via state.gov

The Counselor of the Department, Maliz E. Beams, is a principal officer who serves the Secretary as a special advisor and consultant on major problems of foreign policy and who provides guidance to the appropriate bureaus with respect to such matters. The Counselor conducts special international negotiations and consultations, and also undertakes special assignments from time to time, as directed by the Secretary.

Below is the official bio published by the State Department:

Maliz E. Beams was appointed as Counselor to the Department of State on August 17, 2017. Ms. Beams was the CEO of VOYA Financial Retirement Services, the largest publicly-traded retirement company, for several years. She previously served as President & CEO of TIAA Institutional and Individual Client Services, LLC and as President of Global Business Development for Zurich Scudder Investments. She also held senior management positions at Fleet Bank (now Bank of America), American Express, and Citibank.

Ms. Beams led highly successful organizational transformations in a variety of financial services industry sectors. She was named one of the nation’s Most Powerful Women in Finance – including six years in the top 10 – by American Banker. She was also honored by Legal Momentum for her work on shaping laws and policies that affect gender equality; and she has been listed in the Who’s Who of American Women.

Ms. Beams currently serves on several nonprofit and public company boards including: Columbia Business School’s Executive Board of Financial Studies; New England Aquarium’s Board of Directors; Mount Auburn Hospital-Harvard Medical Teaching Hospital; Vestigo Ventures’ Advisory Board; and Cetera Financial Services Board of Directors. In the past, she has also served on the boards of the Junior Achievement Worldwide Global Board of Governors and The Employee Benefits Retirement Institute.

A native of Boston, Ms. Beams earned her Bachelor Degree from Boston College and completed her post graduate Special Studies in Strategic Planning at Harvard University. She holds a Master of Business Administration degree from Columbia University.

 

Related posts:

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American Academy of Diplomacy Opposes Nomination of Stephen Akard as @StateDept Personnel Chief

Posted: 2:10 am ET
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In a letter to the Senate Foreign Relations Committee (SFRC) Chairman Bob Corker and Ranking Member Ben Cardin, released publicly on October 30, the American Academy of Diplomacy (AAD) requests that the senators oppose the nomination of Stephen Akard to be Director General of the Foreign Service:

The American Academy of Diplomacy requests that you oppose the nomination of Stephen Akard to serve as Director General of the Foreign Service and Director of Human Resources at the State Department. We have concluded that voicing our concerns with Mr. Akard’s nomination is required if the Academy is to meet its most important mission: to promote and protect America’s interests in a dangerous world by supporting an effective American diplomacy based on a strong Foreign Service and a strong Civil Service.

It looks like the AAD requested to meet with the nominee but had not been successful. The letter authored by former senior diplomats Ambassadors Tom Pickering and Ronald Neumann on behalf of the group says about Mr. Akard, “We hold no personal animus toward him.”  But added that ” … we have concluded that Mr. Akard lacks the necessary professional background to be the Director General of the Foreign Service and Director of Human Resources at the State Department. His confirmation would be contrary to Congress’s long standing intent and desire to create a professional American diplomatic service based on merit.

The letter further adds: “While Mr. Akard is technically eligible for the position, to confirm someone who had less than a decade in the Foreign Service would be like making a former Army Captain the Chief of Staff of the Army, the equivalent of a four-star general.”

The full letter is available to read here (pdf).

We’ve previously blogged about the Akard appointment on October 17 (see Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment).

With the exception of noting this nomination on Twitter, and separately urging FS members “to embrace their roles as stewards of the institution”, we have not seen any public position on this nomination by the American Foreign Service Association (AFSA), the professional association and labor union of the Foreign Service since 1924.

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@StateDept Appoints Andrew Schofer as U.S. Co-Chair of the OSCE Minsk Group #NagornoKarabakh

Posted: 12:06 am  ET
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On August 28, the State Department announced the appointment of career diplomat Andrew Schofer to be the next U.S. Co-Chair of the OSCE Minsk Group.

The United States is pleased to announce the appointment of Mr. Andrew Schofer as the next U.S. Co-Chair of the OSCE Minsk Group for Nagorno-Karabakh. Mr. Schofer brings extensive experience in Europe and International Organizations to the position, and most recently served as Chargé d’ Affaires, a.i. for the U.S. Mission to International Organizations in Vienna (UNVIE). From August 2015 until January 2017, he served as the Deputy Chief of Mission at UNVIE. From August 2014 to August 2015, he served as the Counselor for IAEA Affairs at UNVIE. Prior to his assignments in Vienna, Mr. Schofer served as Deputy Chief of Mission at the U.S. Embassy in Nicosia, Cyprus from 2011 to 2014, and has also worked overseas at the U.S. Embassies in Kuwait City, Kuwait; Manama, Bahrain; and Moscow, Russia. Mr. Schofer’s Washington assignments included postings on the Iraq Desk in the Bureau of Near Eastern Affairs, and as Special Assistant to the Under Secretary for Political Affairs, where he was primarily responsible for the Middle East and Counterterrorism portfolios.

The United States remains firmly committed to the Minsk Group Process and helping the sides reach a lasting and peaceful settlement to the Nagorno-Karabakh conflict. As expressed in the June 19 and July 6 statements, the United States supports a just settlement that must be based on international law, which includes the Helsinki Final Act; in particular, the principles of non-use of force, territorial integrity, and self-determination. Andrew Schofer looks forward to helping the sides achieve this goal.

We have informed the governments of Armenia and Azerbaijan of Andrew Schofer’s appointment. Andrew Schofer will assume his new position effective immediately.

 

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U.S.Ambassador to Israel David Friedman Gets a Senior Advisor

Posted: 1:33 am ET
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Former Voya Financial CEO Maliz Beams Reportedly Appointed @StateDept Counselor

Posted: 10:15 am PT
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We just got word that the State Department has appointed Maliz Beams, the former CEO of Retirement Solutions at Voya Financial as State Department Counselor.

The Counselor of the Department of State is a principal officer who serves the Secretary as a special advisor and consultant on major problems of foreign policy and who provides guidance to the appropriate bureaus with respect to such matters. The Counselor conducts special international negotiations and consultations, and also undertakes special assignments from time to time, as directed by the Secretary.   This position does not require Senate confirmation but is equivalent in rank to an Under Secretary of State.  The most recent appointee to this position was Ambassador Kristie Kenney  who held the highest diplomatic rank of Career Ambassador in the United States Foreign Service and had three previous ambassadorships.

Maliz Beams, formally known as Mary Elizabeth Beams most recently held the title of Chief Executive Officer of Retirement Solutions at Voya Financial (Formerly ING US) from June 2011 to October 15, 2014.  While at Voya, she was named one of The Most Powerful Women in Finance for 2014 by American Banker. The Voya press release in September 2014 says that “the businesses she manages serve approximately 47,000 institutional clients, more than 5 million individual retirement plan investors and over 417,000 fixed annuity customers.”

In March 2017,  the New England Aquarium named Ms. Beams, a longtime board member as its interim president and chief executive.  In April 2017, Cetera Financial Group (Cetera), a network of independent firms supporting the delivery of financial advice through independent advisors, announced that Ms. Beams has been named a member of the Board of Directors of its parent company, Aretec Group, Inc. (Aretec). The Cetera PR release includes the following:

Most recently, she served as the Chief Executive Officer of Voya Financial Retirement Solutions from 2011 to 2015, where she successfully aligned the strategies and operations of twelve separately-managed units of the company to reinvigorate Voya’s retirement business in preparation for its IPO in 2013. Prior to her time at Voya Financial, Ms. Beams was the President and Chief Executive Officer of TIAA-CREF Individual and Institutional Services, LLC. She has also held senior leadership roles at Zurich Scudder Investments and Fleet Investment Advisors. Early in her career, she held leadership positions with American Express and Citibank.

According to a 2012 profile, Ms. Beams grew up in Boston and earned a B.A. in English and Philosophy from Boston College in 1978. She studied strategic planning at Harvard, and attended Columbia University where she received an M.B.A. in marketing and finance.  She had her start in financial services in the mid- 1980s at Citibank. Her previous employment includes American Express, Fleet Financial (now Bank of America), and Scudder Investments (later acquired by Zurich Financial), and where she was made president of global business development with responsibility for Scudder’s international business in 1997. Prior to Voya, she was also president and CEO of TIAA-CREF’s Individual and Institutional Services, LLC.

Here is a little bit about the Counselor position via history.state.gov:

The Secretary of State created the position of Counselor for the Department of State in 1909 as part of a general Department reorganization. In 1912, the position became a Presidential appointment (37 Stat. 372). Between 1913 and 1919, the Counselor served as the Department’s second-ranking officer, assuming the role previously exercised by the Assistant Secretary of State. In 1919., the newly-created position of Under Secretary of State subsumed the duties of the Counselor. An Act of Congress, May 18, 1937, re-established the position of Counselor of the Department of State (50 Stat. 169). Between 1961 and 1965, the Counselor also served as the Chairman of the Policy Planning Council. The Counselor, who currently under law holds rank equivalent to an Under Secretary of State (P.L. 98-164; 97 Stat. 1017), serves as an adviser to the Secretary of State. The Counselor’s specific responsibilities have varied over time. This list does not include a Counselor for the Department of State appointed by the Secretary of State in 1909. On April 30, 1994 the title was changed to Under Secretary of State for Global Affairs.

Other previous appointees to this position are as follows:

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Is @StateDept Reporting Its Vacant Positions Under the Vacancies Reform Act? Barely, According to GAO Database

Posted: 1:56 am ET
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The Federal Vacancies Reform Act of 1998 (Vacancies Reform Act) was enacted on October 21, 1998. (Pub. L. No. 105 -277, Div. C, tit. 1, §151, 112 Stat. 2681-611-16, codified at 5 U.S.C.§§3345-3349d.) The provides new rules for the temporary filling of vacant executive agency positions that require presidential appointment with Senate confirmation. According to the Government Accountability Office, under the Act, an acting officer may serve in a vacant position for no longer than 210 days, with adjustments to be made if the President submits a nomination to fill the position and under other specified circumstances.

The Act requires executive departments and agencies to report to the Congress and to the Comptroller General (GAO) certain information about a vacancy immediately upon the occurrence of events specified in the Act. The Act also provides that the Comptroller General report to specified congressional committees, the President, and the Office of Personnel Management if the Comptroller General determines that an acting officer is serving longer than permitted by the Act.

The GAO notes that its database includes only vacancy information that federal departments and agencies have actually submitted to GAO and may not be complete or the most up-to-date information regarding those vacancies.

The Partnership for Public Service’s  appointment update notes that 48 positions have been referred to the Senate Foreign Relations Committee, 16 have been reported out, and only 9 have been confirmed as of July 31, 2017. PPS’ Political AppointeeTracker for the State Department includes 131 positions.

The State Department has only 36 vacant positions reported to the GAO.  The GAO database for State Department includes one filled vacancy, the Secretary of State, zero officials with pending nominations, 24 positions with identified acting officials (some of those listed have since left the positions), and the rest are positions with no acting officials.

Here’s the relevant part going forward with a ghost town at the top floors of the State Department, via the GAO:

If a vacancy exists during the 60-day period beginning on a transitional inauguration day, the 210-day period begins 90 days after such transitional inauguration day or the date the vacancy occurs, whichever is later. 5 U.S.C. § 3349a(b). The State CFO position became vacant on January 20, 2009, the transitional inauguration day. Accordingly, the 210-day period began to run 90 days after January 20, 2009—on April 20, 2009—and ended on November 16, 2009. Consequently, the position should have been vacant beginning November 17, 2009, until June 12, 2012, when the position was filled.  […]  We have previously determined that using the acting title of a position during the period in which the position should be vacant violates the time limitations in the Vacancies Reform Act.

The item above is from the GAO report on the Violation of the 210-Day Limit Imposed by the Federal Vacancies Reform Act of 1998—Chief Financial Officer, Department of State when James Millette served as Acting CFO at State after November 16, 2009, through on or about November 15, 2011.

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U.S. Senate Confirms Five Foreign Service Lists With 331 Nominees

Posted: 12:02 am ET
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On July 31, 2017, the U.S. Senate confirmed five Foreign Service lists with 331 nominees. Use the links below to look up the names.

2017-07-31 PN578 Foreign Service | Nominations beginning Nicholas Raymond Abbate, and ending Elizabeth Marie Wysocki, which 164 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN579 Foreign Service | Nominations beginning Gabriela R. Arias Villela, and ending Haenim Yoo, which 106 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN580 Foreign Service | Nominations beginning Andrew Anderson-Sprecher, and ending Evan Nicholas Mangino, which 4 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN581 Foreign Service | Nominations beginning Rameeth Hundle, and ending Loren Stender, which 4 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN730 Foreign Service | Nominations beginning Andrew K. Abordonado, and ending Peter B. Winter, which 53 nominations were received by the Senate and appeared in the Congressional Record on June 29, 2017.

 

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Tillerson Signals No Career Nominees For Regional Bureaus? #FoggyBottomBlues

Posted: 2:55 pm PT
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Via BuzzFeed’s John Hudson:

After an intense battle with the White House over his first choice to become the top US diplomat to Asia, Secretary of State Rex Tillerson is considering a new candidate with a deep resumé in business and economics but little diplomatic experience…
[…]
Olin Wethington, a former Treasury Department official and a nonresident fellow at the Atlantic Council, is now a contender for the nomination of assistant secretary of state for East Asian and Pacific Affairs, four individuals familiar with the matter said.
[…]
Tillerson originally wanted the job to go to Susan Thornton, a veteran diplomat who speaks Mandarin Chinese, two US officials told BuzzFeed News. But White House officials opposed her due to concerns that her views were out of step with the president’s agenda — a claim State Department officials deny.
[…]
Ultimately, in shifting to Wethington, Tillerson appears to be acquiescing to the White House, which has shown a preference for appointments with a strong business background over career diplomatic experience.

Read in full the John Hudson scoop below.

For more of the rumored nominee, see this and this.

Secretary Tillerson once took a few minutes to “communicate” his  “high regard for the men and women of the State Department.

He promised that as secretary of state he would “deploy the talent and resources of the State Department in the most efficient ways possible, and that he would “depend on the expertise of this institution.”

“Your wisdom, your work ethic and patriotism, is as important as ever. And as your Secretary, I will be proud to draw upon all these qualities in my decision-making,” he told his employees not too long ago.

When asked once what inspires him when he comes to work at the State Department every day, Secretary Tillerson said that “the men and women of the State Department inspire me, my colleagues – their professionalism, their commitment, their patriotism.”

As recently as last month, during a hearing at the Senate Foreign Relations Committee defending the gutted budget of his agency, he repeated that “My colleagues at the State Department and USAID are a deep source of inspiration, and their patriotism, professionalism, and willingness to make sacrifices for our country are our greatest resource.”

Despite his “high regard” for the men and women of the State Department, and his promise to “depend on the expertise of the institution” he is now leading, and despite the fact that he declared them a “deep source of inspiration” to him, he apparently does not have any control over his staffing, or for that matter, how his building is run.

And seriously, if Tillerson “loves” the AA/S for EAP Susan Thornton, a career diplomat with deep expertise in the former Soviet Union and East Asia, but could not hire her because she has not sworn a blood oath to the kool aid special, what hope is there for other career professionals in Foggy Bottom?

So the next time, Secretary Tillerson talks about his high regard for his people at the State Department, or how he is inspired by his people’s patriotism, professionalism and their sacrifices, remember that Foggy Bottom is now the “Real Post of the Month” and will remain to be so in the foreseeable future.  Also don’t forget to check your playbook to see what’s next in dramatic plays over in Foggy Bottom. We understand that the plays, Another Load of Old Crap With the Word Inspiration in the Title;  Margaret, Don’t Eat the Government Cheese; and Gone to Texas are all on repeat on BNET.

Please, clap.

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