Ex-Federal Employee Hounded by YouKnowWho Gets a GoFundMe For Legal Defense Fund

Posted: 3:50 am ET

 

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Congress Seeks Documents/Transcribed Interviews in @StateDept “House Cleaning”

Posted: 4:32 am  ET

 

On March 15, Rep. Elijah E. Cummings, the Ranking Member of the Committee on Oversight and Government Reform, and Rep. Eliot L. Engel, the Ranking Member of the Committee on Foreign Affairs, sent a letter to the White House and State Department releasing new documents obtained by a whistleblower showing high level political appointees targeting career civil servant employees they believed did not adequately support President Donald Trump’s agenda.

We have obtained extremely disturbing new documents from a whistleblower indicating that high-level officials at the White House and State Department worked with a network of conservative activists to conduct a “cleaning” of employees they believed were not sufficiently “supportive” of President Trump’s agenda. They appear to have targeted these staffers despite being fully aware that they were career civil service employees and despite the career employees expressing willingness to support the policy priorities of the Trump Administration.

Over the past year, we have heard many reports of political attacks on career employees at the State Department, but we had not seen evidence of how extensive, blunt, and inappropriate these attacks were until now. In light of this new information, we now request that you produce additional documents regarding these staffing decisions and make several officials available for transcribed interviews with Committee staff.

The congressional representatives say that the documents they have show that political appointees characterized career State Department employees in derogatory terms, including as “a leaker and troublemaker”; “Turncoat , associated with previous policy”; and “Obama/Clinton loyalists not at all supportive of President Trump’s foreign policy agenda.”

The congressional letter requests the following documents and information including transcribed interviews by March 29, 2018:

(1) all documents and communications referring or relating to any reassignment or proposed reassignment that was considered or ordered since January 20, 2017, of career or civil service employees at the Department;

(2) all documents and communications referring or relating to any proposed or actual reassignment or removal of career or civil service employees at the Department since January 20, 2017, based on alleged personal political beliefs, prior service with previous Administrations, or work on prior Administrations’ foreign policy priorities, including any documents authored by, copying, involving, or referring to:

(a) Christine Ciccone;

(b) Makan Delrahim;

(c) Sean Doocey;

(d) Julia Haller;

(e) Brian Hook;

(f) Edward Lacey;

(g) Matthew Mowers; or

(h) Margaret Peterlin; and

(3) all documents and communications referring or relating to proposed or actual personnel actions since January 20, 2017, against Sahar Nowrouzzadch, including the curtailment of her detail to the Policy Planning staff.

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U.S. Ambassador to Mexico Roberta Jacobson to Retire After 31 Years of Service

Posted: 3:53 am ET

 

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Snapshot: Foreign Service and Civil Service Workforce Diversity Statistics FY2011-FY2014

Posted: 3:49 am ET

 

Via state.gov (archive):

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State/OIG “Looking Into” Reported Political Targeting of @StateDept Career Employees

Posted: 3:02 am ET

 

Representative Eliot L. Engel, Ranking Member of the House Committee on Foreign Affairs, and Rep. Elijah E. Cummings, Ranking Member of the House Committee on Oversight and Government Reform, have called on State OIG Steve Linick to look into reports of violations of personnel policies and political retribution against State Department employees.

Our staffs have been in touch with whistleblowers alleging that the Department is engaging in prohibited personnel practices that appear to conflict with agency regulations and policies.  The information we have received corroborates recent reporting by CNN on the same matter.  We ask that you look into allegations that the Department has unlawfully targeted employees for political reasons due to their work under the last Administration.

Our staffs have been made aware of credible allegations that the State Department has required high-level career civil servants, with distinguished records serving administrations of both parties, to move to performing tasks outside of their area of substantive expertise.  At the very least, this is a waste of taxpayer dollars.  At worst, it may constitute impermissible abuse and retaliation.

The two Ranking Members requested that the State OIG “investigate the State Department’s FOIA surge.” They want to know if 1) “these personnel assignments made according to U.S. law and Department regulations?”   2) “Were the rights of the Department’s employees violated?”and 3) “Did political retaliation play any role?”

On January 30, govexec reported that State/OIG is “looking into” allegations that the agency is engaged in political targeting and other prohibited personnel practices.

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Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints

Posted: 12:47 am ET

 

Last week, we blogged about Senators seeking a review/analysis of @StateDept and @USAID sexual harassment and assault data. We have issues with the current harassment data, and sexual assault data in particularly is hard to come by. We want to know how many sexual harassment settlements were made, and how much. We also want to know how many sexual assaults reports have been made, how many cases were refused prosecution by the Department of Justice, and what happens to these cases/victims and their careers. We realized that we can scream our head off in this blog, but only Congress can force the State Department to make this data public (anonymized with no personally identifiable information). That time may be slow in coming, but it is coming.

Rep. Elijah E. Cummings, the Ranking Member of the House Committee on Oversight and Government Reform, on January 22 sent a letter to Secretary Tillerson requesting information about members of the Department’s Senior Executive Service (SES) who have been the subjects of multiple complaints, including Equal Employment Opportunity (EEO) complaints. We don’t know what are the specific complaints in this case but EEOC discrimination complaint types include AgeDisabilityEqual Pay/CompensationGenetic InformationHarassmentNational OriginPregnancyRace/ColorReligionRetaliationSex, and Sexual Harassment.

Representative Cummings notes in his letter that “Several career employees at the State Department, including one of my constituents, have written to me raising serious allegations that the Department has repeatedly failed to eliminate the hostile work environment created by a member of the SES, [NAME REDACTED].” Mr. Cummings letter says that the employees indicated to him that numerous complaints have been filed against this individual “that resulted in settlements, but the Department has taken little action to hold this executive accountable or protect employees from abusive management practices.”

We understand that there are multiple individuals involved in the complaints shared with the House Oversight Committee but we don’t know the exact numbers, and whether or not this specific inquiry involves one specific SES member or more. It is telling that the trend on the complaints has moved to the Hill, and no longer localized within the agency. Is this an indicator that the current reporting system is not responsive to the needs of those affected? Or are we just living in a different era?  We do not want to see a trial by media, especially in the hands of politicians, but victims with no real recourse for redress may decide that talking to the Hill or the press is the only action left for them, no matter the personal consequences.

Also worth noting that Mr. Cumming’s request is specific to the Senior Executive Service, the senior ranks of the Civil Service, and does not include the senior ranks of the Foreign Service.

Mr. Cummings letter is asking the State Department to respond to the following requests:

1. an itemized list, with personally identifiable information removed, enumerating  each informal and formal complaint filed against [NAME REDACTED] at any time during his career, including but not limited to EEO complaints, citing:

  • (a) the date on which each complaint was filed;
  • (b) the base(s) of the complaint;
  • (c) the dates on which the complaint advanced through the informal and formal complaint steps;
  • (d) whether there was any finding arising from the complaint that discriminatory or retaliatory action had occurred;
  • (e) whether the complaint resulted in a settlement; and
  • (f) the terms of any settlement (including any monetary amounts included in the settlement); and

2. The number of Senior Executives against whom more than one informal or formal complaint has been filed with the Department of State at any time during the past five years.

3. All Department policies governing how evaluations of Senior Executives’ performance account for their work creating equality of opportunity for all employees.

See HOGR Cummings January 22, 2018 letter to Tillerson

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Snapshot: Historical Numbers of Foreign Service, Civil Service and FSN Employees (2007-2017)

Posted: 2:01 am ET

 

Via state.gov

 

Note: Click on lower right hand arrow on the Cloudup screen to maximize the reading area.

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Snapshot: @StateDept’s Civil Service and Foreign Service Retirements, January-October 2017

Posted: 1:33 am ET
Updated: 11:01 am PT
Follow @Diplopundit

 

The following are clips with the names of Civil Service and Foreign Service employees who retired from the State Department from January to October this year. The names were published in the monthly trade magazine of the State Department. It looks like there are three non-career appointees included in the lists below. Political ambassadors conclude their appointments at the end of their tours, they do not “retire” from the Foreign Service as they are not career members. (Correction: We understand that if, at the time of conclusion of the non-career appointment, the person has sufficient federal government service (in various capacities during an entire career) and is otherwise eligible for federal retirement benefits, then the person can, in fact, “retire.” We do not know if they get Foreign Service retirement). We’ve asked if these names come from the Bureau of Human Resources but we have not received a response as of this writing. An unofficial source told us that these names come from HR but that there is typically a lag of a couple of months from actual retirement to publication of the name in State Magazine.

The *June and *July/August lists are particularly problematic due to some duplication of names on both lists but we’re posting these here for a snapshot of the departures. This does not include non-retirement separations. Based on these imperfect lists, the total retirements for the first 10 months of 2017 are at least a couple hundred employees each for the Civil Service and the Foreign Service. And we still have a couple months to go.

However, since the federal government manages its records by fiscal year, DGHR should already have the retirements and non-retirement separation data for FY2017 that ended on September 30, 2017. The State Department has always been proud of its low attrition rate, if our HR friends want to tout the FY2017 attrition data, let us know.

January 2017 – CS-24; FS-14

February 2017: CS-10; FS-45

March 2017: CS-47; FS-25

April 2017: CS-43; FS-25

May 2017: CS-16; FS-4

*June 2017: CS-54; FS-56


*July/August 2017: CS-41; FS-57
September 2017: CS-17; FS-34

October 2017: CS-11; FS-22


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Why bureaucrats matter in the fight to preserve the rule of law

By Melissa Lane
Ms. Lane is the Class of 1943 professor of politics and director of the University Center for Human Values at Princeton University. She is the author of a number of books, including Eco-Republic (2011/2012) and The Birth of Politics (2015), and has appeared often on the ‘In Our Time’ radio broadcast on BBC Radio 4. Via Creative Commons Attribution-No Derivatives

Socrates, while serving on the Athenian Council, sought to prevent it from making an illegal decision. Martin Luther, when a council convened by the Emperor Charles V in 1521 told him to recant, is said to have declared: ‘Here I stand; I can do no other.’ The United States’ attorney general Elliot Richardson and the deputy attorney general William D Ruckelshaus both chose to resign in 1973 rather than obey President Richard Nixon’s order to fire the special prosecutor investigating Watergate. More recently, the acting attorney general Sally Yates was fired after she announced that the US Department of Justice would not cooperate in enforcing President Donald Trump’s executive order against Muslim immigrants. They all said no. Each of them, for reasons of principle, opposed an order from a higher authority (or sought to prevent its issuance). They are exceptional figures, in extraordinary circumstances. Yet most of the time, the rule of law is more mundane: it depends on officials carrying out their ordinary duties within the purposes of the offices they hold, and on citizens obeying them. That is to say, the rule of law relies upon obedience by bureaucrats, and obedience of bureaucrats – but crucially, within the established norms of the state.

The ancient Greeks made no sharp distinction between political rulers and bureaucratic officials. They considered anyone in a position of constitutional authority as the holder of an office. The ancient Greek world did not have a modern bureaucracy but they did confront the question of respect for norms of office and of obedience to office-holders. Plato addresses these questions, in both the Republic and the Laws, in relation to the danger of usurpation of democracy by a budding tyrant.

Of course, Plato was no democrat. But he did recognise the value of liberty – most explicitly in the Laws, where he posited liberty, wisdom and friendship as the three values that ought to guide the work of government. Plato wanted to balance liberty with what we would call the rule of law. For him, that included not only obedience to the law, but also obedience to the officials who have to carry it out. In the Republic’s portrait of democracy (in some ways a caricature, to be sure), he warns against drinking liberty unmixed with obedience, likening it to wine unmixed with water – a serious social solecism for the ancient Greeks. Doing so, he thinks, can lead to a deterioration of the norms of political office. Too much liberty might lead to the point that a city ‘insults those who obey the rulers as willing slaves and good-for-nothings, and praises and honours, both in public and in private, rulers who behave like subjects and subjects who behave like rulers’ (translation by G.M.A. Grube revised by C.D.C. Reeve, in John M. Cooper (ed.) Plato. Complete Works (Indianapolis: Hackett, 1997)).

To insult ‘those who obey the rulers’ by calling them ‘willing slaves’ is to reject the value of a norm of obedience to state office-holders. No constitution – no organisation of power into authority – can long subsist if the authority of its officials routinely merits defiance. The resister might be heroic and her actions could sometimes be necessary, but she must be an exceptional rather than an everyday case. Officials who defy illegitimate orders must logically always be the exceptions to a general rule of obeying orders, lest the very meaning of their defiance evaporate. Any conception of liberty, or any practice of government, that rejects the need for obedience to the norms of office, will destroy itself. So Plato reaffirms in the Laws that ‘complete freedom (eleutheria) from all rulers (archōn) is infinitely worse than submitting to a moderate degree of control’.

The statebuilding efforts of medieval and early modern Europe are great and complex endeavours, with their own rich histories. In relation to the rule of law and role of the bureaucrats, we can think of their papal chanceries, state treasuries and imperial ministries as a kind of foundation on which modern reformers and rulers and revolutionaries alike would build liberalism and the rule of law. These bureaucracies constituted the tools of power for rulers. In providing the impartial officials, rule of law procedures and institutional forms of equality, bureaucracy constituted the mechanisms to vouchsafe people’s rights. Liberal reformers used these very mechanisms to try to extend wider rights and liberties to more and more groups.

Max Weber, the influential early 20th-century German sociologist, feared that bureaucracy would be part of the over-rationalisation that he described as a looming ‘iron cage’. He feared it would grow too powerful, choking off meaning, value and political responsibility in its means-ends instrumental rationality. If Weber had lived a few years longer (he died at only 56, in 1920) and had been asked to speak about the crisis of liberalism in the young Weimar Republic, I think he would have expressed the concern (already present in his last writings) that no sufficiently charismatic and powerful politicians would emerge who would be able to bring the bureaucracy to heel. He saw bureaucracy as a major threat to modern life. The fear that the bureaucracy itself was vulnerable to tyrannical usurpation would not likely have crossed his mind.

Today, the US faces the threat of what we can think of as the political iron cage breaking down – possibly from executive leadership ignorant or contemptuous of the purposes of the organisation. Though obviously it has accelerated, the threat is not entirely new with the Trump administration. When president in the 1980s, Ronald Reagan pioneered the nomination of cabinet secretaries committed to abolishing or drastically curtailing the very agencies they were named to head. President George W Bush named agency administrators such as Michael D Brown, who lacked knowledge of his area of responsibility, as head of the Federal Emergency Management Agency. Brown’s eventual resignation in 2005 in the aftermath of Hurricane Katrina betokened not heroic defiance but a reaction to the storm of criticism for his lackadaisical response to the crisis. These public officials were not committed to the basic purposes and processes of the bureaucracies they were appointed to lead or serve.

To be sure, we must not be blind to the ways in which the machinery of state will remain a major resource for parties and politicians who seek to control and to advance their own ends. My point is that, while aspects of this machinery might remain intact, challenges to evidence-based reasoning, fair procedure and impartial officialdom – to the whole apparatus of bureaucratic office and the rule of law – threaten to corrode it. Whether in the long run the machinery itself can withstand this corrosion is an open question.

There is an irony here. Weber’s fear was that the iron cage of rationalising modernity, including bureaucracy, would stifle liberty, meaning and ultimate value, squeezing out responsible, charismatic politicians. Yet today, faced with the menace of charismatic, reckless politicians, what Weber feared as an iron cage appears to us to be the building block of some of history’s most hard-won rights. Plato looks more prescient: long ago he warned of both the charismatic but irresponsible politicians, and the insouciant, irresponsible officials who serve them, who risk eroding the norms of office on which the values of the rule of law and liberty rest.Aeon counter – do not remove

Melissa Lane

This article was originally published at Aeon and has been republished under Creative Commons.

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Deputy Secretary Sullivan’s Town Hall With @StateDept Employees Now in Gifs

Posted: 3:09 am ET
[twitter-follow screen_name=’Diplopundit’]

 

On August 8, while Secretary Tillerson remains on travel, Deputy Secretary John Sullivan had a town hall with employees at the State Department.  The event was closed to the press though there was one report filed soon after it concluded. We’ve got thoughts about this, so we wrote Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable.

Now, we think that this town hall was put together in a hurry to counter the deluge of bad press that’s been flooding our inboxes about the State Department, and Secretary Tillerson in particular. Why do we think that? Because Mr. Sullivan, who we’re told is personable and likable, was not as prepped as he should have been if this was appropriately planned. Secretary Tillerson is on travel from August 5-9, so a wait of 48-72 hours after his return to hold a town hall would have been feasible. But somebody must have decided that the negative reports have reached a tipping point and that they must be addressed before Tillerson returns to office. So now that his deputy has held one, Secretary Tillerson no longer has to do one. Or not immediately. According to Mr. Sullivan, Secretary Tillerson will do one in three months, “He’s going to do one in three months, and it will be the same format as I used today.”

The State Department obviously want the press corps to write about the town hall, how the deputy secretary is taking questions from employees, and answering them, and to impress upon media folks that things are going well in Foggy Bottom. And yet, the event was closed to the press. We are guessing that the State Department wanted good press clips, but did not really want members of the media to witness the question and answer. Unscripted things happen in those events, sometimes embarrassing ones and reporters could write up those stuff. And then you have a bigger fire.

As far as we are aware, no video was posted of the town hall and no transcript was made publicly available, though there are a few photos. But after the event concluded, the State Department made Deputy Secretary Sullivan available for On-the-Record Briefing With the State Department Press Corps.  We’re hearing from Mr. Sullivan, but we’re not hearing from the folks who asked him questions. See the interesting gap there? In any case, here are the things that we found notable from Mr. Sullivan’s on-the-record briefing. We’ll address the interesting gap next time.

Hitting on all cylinders!

John J. Sullivan: “So we’ve been very busy; he’s been very busy, supported by our great Foreign Service and Civil Service here at the State Department. So the notion that’s been out in the press and in the media of a hollowed-out State Department that is not effective, I think, is counterfactual, and the fact that the Secretary and the department have been able to accomplish what they have is evidence of the fact that we are hitting on all cylinders even though we don’t have the full complement of political appointees that we should have.”

 

 

Frozen, who’s frozen?

JJS: “I don’t think anyone would say – no one here would say that we’re pleased by the fact that we don’t have more of our under secretary and assistant secretary slots filled, but we’re working hard to do that. Those slots are not being – those slots are not being frozen or not filled because of the redesign that’s underway. […] So I think the last stat I saw was that we have roughly 60 percent of the unders and assistant secretaries slots either confirmed, nominated, or in the process, so getting – undergoing the security clearance review and so forth. And we hope to get all of those slots filled as quickly as we can.”

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

via tenor.com

 

Five working groups — who are you people?

JJS: “But the redesign is in midstream. It’s really the – we’ve really hit our stride, and this month is going to be a key one for the working groups that are leading the effort on – there are five working groups that are leading the effort on redesigning the State Department. And I’d be happy to give you a little more detail on that if you would like to hear about that. […] So whether it was the mission statement that I was talking about earlier, the draft mission statement, to reorganization of the – of bureaus, that’s all going to be fed up through this redesign process, employee-led, and with input over time this month – later this month from other interested stakeholders, whether it’s senior leaders of bureaus in the department, union – unions – AFSA, for example, OMB, members of Congress. So we’re going to be as transparent as possible as we go forward and reach final decisions on these issues, and eventually implement them.”

COMMENT: Oh, yes, we’re interested on more details about these working groups. Who are in these five working groups? How were they selected? Who selected them? How transparent was the selection? Where can we find their names? How long are they expected to work in these groups. Have they been detailed to these groups or are these their collateral duties?

Growing Body of Work on Rex Tillerson’s Stewardship of the State Department

Why ‘Rexit” Is Not Happening Anytime Soon, in Rex Tillerson’s Own Words

via tenor.com

 

Hold on, the noise is coming from the building!

JJS: “I am from Boston and a New England Patriots fan, and those of you who know football know Bill Belichick’s motto is: Do your job and don’t pay attention to the noise out there. But in this town, it’s kind of hard to miss when your friends and colleagues start calling you and emailing you about the latest article that appeared.”

 

Helllooooo A/GIS/DIR – show yourself!

JJS: “And what we’ve discovered is that over the last seven years or more there have been hundreds of delegations of authority that no one had kept track of and there was no central either registry or system so that a current assistant secretary would know exactly what had been delegated to her or to him.”

COMMENT: Per regulations dated March 1, 2010, the State Department’s Office of Directives Management (A/GIS/DIR) under the Bureau of Administration (presently carrying on without an Assistant Secretary) manages the Department of State’s Delegations of Authority Program. It processes delegations of authority for publication in the Federal Register, and — get this — maintains the Department’s inventory of delegations of authority, including the Web-based Delegation of Authority Database.  So A/GIS/DIR assigns appropriate serial numbers to delegations of authority and maintains the Department’s records of official delegations. In addition, A/GIS/DIR maintains an electronic listing and database of all current and rescinded Department delegations on the A/GIS/DIR website.

WHO KNEW? 

Via Imgur

 

John, call your office now!

JJS: “So there are elements of truth in some of these stories, whether it’s about the delegation of authority or about the mission statement, but then they’re twisted in a way that makes it sound as though the Secretary is out of touch, mismanaging, whatever. [….] So I think there’s really a misperception both of the department and what we’re doing and his role in the department.”

COMMENT: The State Department should have every opportunity to respond to stories we write about it. They lost that opportunity when they banned this blog and refused to respond to email inquiries. See our original post on delegations of authority: Tillerson Rescinds Delegated Authorities Department-Wide, Further Gums Up Foggy Bottom). See our follow-up here: Making Sense of Tillerson’s Rescinded Delegations of Authority @StateDept/ .

As recently as last week, we asked about a specific case regarding a DS agent accused of rape and stalking. But all there are … are crickets (See A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?). Hey, we’ve also asked about the “Naughty List” but still got crickets ….so anyways, we got work to do …

 

Noooo! Not the 1960’s or why Colin Powell should call in to protest

JJS: “I – once I asked – I won’t name him by name, because I don’t want to drag him into a news story, but I asked a retired, very senior Foreign Service officer – I had lunch with him not – just before I got – just before I came on board here. I asked him about what he knew about morale at the State Department, and he said morale at the State Department is very low. He said, “It was low when I started in 1960 and it’s still low. It’s the nature of the State Department.”

COMMENT: We wrote a bit about Colin Powell here: Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable.

 

Congrats, it was all for nothing!

JJS: “I think it’s almost 800 EFMs that have been approved since this – the hiring freeze was imposed.”

COMMENT: We’ve said this before and we’ll say this again. Whether the State Department is successfully reorganized or not, there will remain a need for community liaison coordinators, security escorts, consular associates, mailroom clerks, security coordinators, etc. at our overseas posts. So the freeze on these jobs did not make a whole lot of sense in the first place. But it did make life at overseas posts more difficult for employees who have to cover for these unfilled positions, and make for distressed diplomatic spouses who already suffer from extended under employment when they go overseas.

See Unemployment Status of @StateDept Family Members Overseas (4/2017) #ThanksTillerson

Oy! That Rumor About Foreign Service Family Member Employment as “Corporate Welfare”;
Are #EFM positions literally about to become…extinct under #Tillerson’s watch?;
No thaw in sight for @StateDept hiring freeze until reorganization plan is “fully developed”

 

Making Ops Center Watchstanders’ Lives Easier Soon!

JJS: “We don’t put a lot of – we don’t have a huge budget for things. We have a budget for people and we’re going to organize ourselves better, to use our people better, to – excuse me, to put our people and our employees in a position to do their jobs more effectively and efficiently, and to make their – make their jobs, their professional lives easier.”

COMMENT: The State Department is making folks’ professional lives easier already. And it’s starting with the watchstanders at the Operations Center. The State Department has directed that Ops tours should now be two years instead of 13 months. The nomination request cable went out already. For the first time ever, the Ops Center will have officers working insane shifts on two year rotations 24/7. More on that later. And they’re making lives easier for families, too. We’ve been hearing issues with umbrella schools for homeschooling families and issues with allowances related to Foreign Service children with special needs.

Image via Canadian Foreign Service Problems

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