State/OIG Finds @StateDept Revoked Security Clearance in Retaliation For Whistleblowing

 

Via State/OIG

OIG did not substantiate any allegations of whistleblower retaliation related to Department contractors or grantees. However, OIG did substantiate an allegation of a security clearance revocation in retaliation for whistleblowing activity under PPD-19. As required by the Foreign Affairs Manual, OIG reported its findings to the Under Secretary for Management. The report recommended that the whistleblower’s security clearance be reinstated.

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Presidential Policy Directive-19 (PPD-19) PDF

The brief note from State/OIG’s semi-annual report includes little details about a security clearance revocation, not suspension. According to 12 FAM 233.4, suspension is an independent administrative procedure that does not represent a final determination and does not trigger the procedures outlined in 12 FAM 234, which includes revocation.  With revocation, the Department may determine that immediate suspension without pay from employment under 5 U.S.C. 7532 is deemed advisable.

After State/OIG’s referral to “M”, the Under Secretary for Management will reportedly transmit the IG materials to the Security Appeals Panel, “if one is convened in the matter, and to other Department officials as appropriate” according to the Foreign Affairs Manual.

Note that the State Department does not have a Senate-confirmed “M” as of this writing. We want to know if the security clearance is not reinstated per OIG recommendation.

State/OIG’s semi-annual report also does not include information on consequences for the individual/individuals who perpetrated the revocation of this whistleblower’s security clearance in retaliation for whistleblowing activity.

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Burn Bag: @StateDept’s Reasonable Accommodation For a Pregnant Diplomatic Courier?

Via Burn Bag:

Pregnant diplomatic courier told to use a portable travel toilet, undress in the presence of LES driver and urinate in the back of the truck. This is the best accommodation her supervisor and DRAD* could come up with. Another example of **pregnancy discrimination that is running rampant in the State Department.

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Physical requirements  via careers.state.gov:

A Diplomatic Courier must have the physical endurance to withstand the physical stresses from working long hours, lack of sleep, extremes of heat or cold, and other discomforts and the physical strength to lift and move heavy and/or oversized items such as diplomatic pouches and crates that may weigh as much as 70 pounds or carry heavy equipment. A Diplomatic Courier is required to perform work that requires regular and recurring periods of prolonged sitting, standing, bending, and stretching and is often required to physically move and transport heavy items; that could involve climbing ladders and working in and around aircraft, trucks, trains, aboard ships, etc. Related activities include crawling, maneuvering, and working in cramped spaces.

3 FAM 3350 | LEAVE AND REASSIGNMENT OF DUTIES FOR MATERNITY AND PATERNITY REASONS

* HR/OAA/DRAD is the Disability and Reasonable Accommodations Division in the Office of Accessibility and Accommodations, Bureau of Human Resources at the State Department

** The Pregnancy Discrimination Act of 1978 is an amendment to Title VII of the Civil Rights Act of 1964.  Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII. See more: https://fam.state.gov/fam/03fah03/03fah030110.html#H112

 

Acting @StateDG Bill Todd Celebrates Public Service Week, Now With Stock Photo!

Posted: 11:58 am PT

 

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State/OIG’s Upcoming Reports to Include Evaluation of Sexual Harassment, Hiring Authority

Posted: 12:50 am  ET

 

The State Department’s Inspector General started work on some subjects of note since last February. For those with stories to share about sexual harassment (and sexual assault), please contact the OIG Hotline or call 1-800-409-9926 and  1-202-647-3320.

We recognize that sexual harassment and sexual assaults are difficult to talk about, and all who we have been in contact with were deeply concerned of career repercussions. But we can all agree that these offenders – particularly high ranking individuals who abused their positions — will not stop until people stand up to them.

We’ve blogged about harassment and assaults for a while now.  Back in August 2016 , State/OIG told us that while they take allegations of sexual harassment “very seriously” as a general matter, “OIG refers allegations of sexual harassment, equal employment opportunity, and/or potential hostile work environment to the Department’s Office of Civil Rights (S/OCR), consistent with the FAM.”

State/OIG also informed us then that “if such matters appear systemic, then OIG may investigate. Indeed, in its report “Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security” (ESP-15-01) OIG examined the case of a Diplomatic Security manager with a long history of sexual harassment and misconduct allegations dating back 10 years.”

Also this: “Department employees who believe they have been subjected to whistleblower retaliation may contact OIG or the Office of Special Counsel (OSC). OIG can help the individual in understanding their rights and may investigate the retaliation, as well as alert the Department to any illegal reprisal.”

It took awhile but it looks like the IG is looking into this now. We hope that people will find the courage to speak up and consider sharing their stories. We don’t know when this moment will come again.

    • Evaluation of the Department’s Treatment of Reports of Sexual Harassment
    • Evaluation of the Department of State’s Use of Schedule B Hiring Authority
    • Inspection of the Bureau of Administration, Office of Critical Environment Contracting Analytics, Risk Analysis and Management
    • Inspection of the Status of Benghazi Accountability Review Board Recommendations

In April 2018, the following work were also started:

  • Audit of the Information Security Program for Sensitive Compartmented Information Systems at the Department of State
  • Inspection of the Bureau of Consular Affairs, Office of Fraud Prevention Programs

Note that this is not an exhaustive list of all the OIG work started.

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DSS Agent Accused of Sexual Assaults Petitions Court Not to Show His Face — Oops, Too Late

Posted: 10:25 pm  PT

 

On April 9,  the Milwaukee Journal Sentinel reported that DSS Agent David Scharlat’s lawyer petitioned the court to order news media to not show Scharlat’s face as part of any coverage of the case, citing his undercover work for the U.S. State Department’s Diplomatic Security Service. Bucher withdrew the petition Tuesday after it was reported in the Journal Sentinel.

The Journal Sentinel’s  reported that there was some confusion over Scharlat’s employment status:

In court Wednesday, Hulgaard noted that the State Department relieved him of all his duties, made him surrender his weapon and badge, and escorted him from a government building to his home in April 2015.

In an April 9 letter to Hulgaard, an acting deputy assistant secretary with the Diplomatic Security Service said Scharlat is presently employed, but that disclosure of his identity would not adversely affect any open case or investigation.

But wait, a State Department official also told the Journal Sentinel that Scharlat was hired in 2001 and “fired in April 2015.” Also this:

“The Department has zero tolerance for sexual assault and takes any and all allegations of sexual assault very seriously,” and has been cooperating with Waukesha County authorities, the official said in an email.”

Can they please get their story straight? He can’t still be “presently employed” and also “fired in April 2015.”

If he is still employed but has no assigned duties, it is likely that this is now an HR administrative case with appeals and whatnots. But three years on, and this admin case is still ongoing? How did Diplomatic Security and Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD) handle this case when one of the victims reported this case to the agency? How are all other cases handled? How many are there? Who keep tabs of these cases?

Isn’t it high time for State/OIG to look into the handling of sexual assault and sexual harassment reports at the State Department?  Or should we all write a daily email to our friends in Congress to get GAO to take a look?  Click here for our previous posts on sexual assaults and here for harassment.

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@StateDept’s Blackhole of Pain Inside the Bureau of Medical Services (MED)

Posted: 12:46 am  PT

 

We previously blogged about the ongoing problems encountered by Foreign Service families with special needs children when dealing with the State Department’s Bureau of Medical Services (MED) (see @StateDept’s Mental Health Services Drive Employees with Special Needs #FSKids Nuts).  Note that as employees prepare for the summer job rotation, MED will be reviewing the medical clearances of employees and family members in preparation for their transfer.  Whatever is the number that is now stuck in MED’s labyrinth, expect that number to go up with the upcoming rotations as kids with special needs are snared in the system that is supposed to help but instead has caused so much disruption and pain.

We understand that medical clearance decisions can be appealed to a panel of three doctors. But we’ve been informed that one of the three in this review panel is the reviewing officer of the the other two. We’d like to know how many cases that come before this review panel are decided in complete agreement by all panel members, and how many cases are decided by the two panel members against the decision of the third panel member/rating official? Perhaps something for the congressional oversight panels to look into? Or something to FOIA if this is going the class action route.

Congress should also look into State’s Medical Services perspective on risk. Would it surprise us all if State/MED doesn’t want to take any? State/MED’s mission is “to safeguard and promote the health and well-being of America’s diplomatic community.”  Does that mean keep everyone with the slightest issue inside the United States instead of sending them on overseas assignments? Bad things can happen just the same in the United States – but of course, MED won’t be responsible when employees are on domestic assignments. It is responsible once employees/family members are overseas. So again, what is State/MED’s perspective on risk, and how much does this inform its decision on the medical clearances issued to FS employees, spouses and their kids?

FP’s Robbie Gramer recently had a lengthy piece on FS families in State’s medical labyrinth. It is quite a read, and don’t miss the quotes.

Diplomatic Security Agent Charged With Five Counts of Sexual Assault Over Four Years in Wisconsin

Posted: 3:11 am  ET

 

Diplomatic Security agent David S. Scharlat was charged on March 31 with five counts of felony sexual assault, ranging from first to third degree, in Waukesha County Circuit Court in Wisconsin. According to the Journal Sentinel, Scharlat’s attorney, Paul Bucher, said the allegations “were old, including some that had been dismissed at an earlier civil court hearing, and his client believes the alleged actions were consensual.”

Scharlat is an agent with the U.S. Department of State Diplomatic Security Services. On Friday, a spokesperson for the State Department could not comment on his employment status or the investigation.

In a 2012 federal court filing, Scharlat said he was assigned to the Chicago Field Office and had been with the agency for about 11 years.

Wisconsin Circuit Court records indicate case 2017CV001949 was filed against Scharlat on November 6, 2017:  Waukesha County Case Number Party Sealed by Judge Bugenhagen vs. David Scot Scharlat “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

Case 2017CV001998 was filed on November 13, 2017 for “Domestic Abuse-Temp Rest Order.” Court record for the November 20, 2017 injunction hearing says:

Petitioner in court. Petitioner in court with Attorney Rebecca M Coffee. Respondent David S Scharlat in court. Attorney Paul E Bucher in court for Respondent David S Scharlat. Atty. Coffee requests to proceed on both case 17CV1998 and 17CV1949. Atty. Bucher objects to proceeding on both filings. Court stated they will proceed on both case but the definition of domestic abuse and harassment to defer. Atty. Bucher moves to dismiss both cases. Court denies the Motion to Dismiss. H.W., sworn in and testified. Atty. Bucher requests all witnesses be sequestered. Court orders all witnesses be seated in the hallway. Court continues case for criminal case to proceed. Injunction hearing scheduled for April 30, 2018 at 10:00 am.

Case 2018CF000482 was filed on March 30, 2018 charging Scharlat with Count 1 3rd Degree Sexual Assault; Count 2 1st Degree Sexual Assault/Great Bodily Harm; Count 3-5 2nd Degree Sexual Assault/Use of Force. Initial appearance is scheduled for April 11, 2018 at 1:15 pm. The Court record notes that “This case has not been concluded. Unless a judgment of conviction is entered, the defendant is presumed innocent of all charges.”

The criminal complaint includes three victims, identified as HLW, MRH and CKT with charges filed “upon a review of the investigative reports of Detective Paula Hoffa, Village of Hartland Police Department, Detective Sergeant Gwen Bruckner of the Town of Brookfield Police Department, and Lieutenant Detective Kristen Wraalstad and Officer of the Town of Oconomowoc Police Department.”

According to the complaint, “Officers made contact with Scharlat about the incident on October 20, 2017 at HLW’s residence and he advised officers that although he had been with HLW at her residence on that evening, he had not had intercourse with her at her residence.” The complaint also says that “The fitted sheet from HLW’s bed from the night of October 20, 2017 was submitted to the State Crime Lab for testing. The results from the DNA testing of the sheet showed that Scharlat’s semen was present, consistent with HLW’s statement.”

Under Count 2,  complaint says that “When questioned about HLW’s level of intoxication and her incapacity/inability to give consent, he stated when they got home from the bar, HLW was not incapacitated but did have trouble walking.”

Under Count 3 and 4, complaint says “On Monday, February 26, 2018 officers had contact with MRH 08/01/1967 who, in a statement deemed to be reliable inasmuch as she is a common, ordinary citizen witness indicates that she had been sexually assaulted by David Scharlat on two occasions.”

Under Count 5, complaint says “Officers had contact with CKT, DOB 03/12/1970 to whom they explained they were investigating an incident that they believed may have some connection to an incident involving her. In a statement deemed to truthful and reliable inasmuch as she is a common, ordinary citizen witness in this case, CKT advised that her rapist and stalker was Scharlat.”

We’ve requested comments from DS/Public Affairs about this case but so far have heard only crickets.

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All Promotions Into/Within the Senior Foreign Service Must be Vetted by White House?

Posted: 1:23 am  ET

 

State/HR recently sent a Frequently Asked Questions to newly promoted OCs concerning the differences between being an FS-01, the highest rank in the regular Foreign Service, and as OC, the starter rank in the Senior Foreign Service. The FAQ talks about pay, bidding, EERs, benefits, and of course, promotions. And then there’s this question, and apparent answer:

Q: When are promotions from FS-01 to OC effective?
Answer: Promotion boards issue a list in the fall of officers “recommended” for promotion from FS-01 to OC, OC to MC and MC to CM. However, all promotions into and within the Senior Foreign Service must be vetted by the White House, confirmed by the Senate and attested by the President. This process can take several months. Promotions into and within the SFS are effective the first pay period following Presidential attestation. However, you may start bidding as an OC as soon as the promotion list is released by the board.

Yo! You know this is nuts, right? The White House can barely vet its own staffers, and it will now vet all promotions of FSOs into and within the Senior Foreign Service? With one exception that we are aware of (and we’ll write about that case separately), this WH vetting requirement is new, and yes, we remember the “improved” vetting required by the SFRC back in 2015 (SFRC Bullies Diplomats Up For Promotion to Self-Certify They Have Not Been Convicted of Any Crime).  Is the WH also vetting all senior promotions out of the Pentagon? Who’s going to be doing this and what does this vetting includes? Also whose great idea was this, pray tell?  Will State/HR and A/DGHR soon say that this vetting has always been done by the White House since the beginning of whatevs?

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New U.S. Embassy The Hague Officially Opens With Ribbon-Cutting Ceremony

Posted: 12:10 am  ET

 

On March 26, the U.S. Embassy in The Hague officially opened with a ribbon cutting ceremony and lots of scissors.  The officials listed below helped cut the ribbon according to the embassy website.

  • Minister of Social Affairs and Employment Wouter Koolmees
  • Mayor Frank Koen of the city of Wassenaar
  • Mayor Pauline Krikke of the city of The Hague
  • Ambassador Peter Hoekstra
  • Ambassador Kenneth D. Ward, United States Permanent Representative to the Organization for the Prohibition of Chemical Weapons (OPCW)
  • Ambassador William Moser, the Principal Deputy Director of the Bureau of Overseas Buildings Operations
  • Representative Rodney Frelinghuysen (R-NJ), Chairman, U.S. House Committee on Appropriations
  • Representative Bill Huizenga (R-MI), Co-Chair, Congressional Caucus on the Netherlands
  • Representative Gregory Meeks (D-NY), Ranking Member, U.S. House Foreign Affairs Subcommittee on Europe, Eurasia and Emerging Threats
  • Representative John Carter (R-TX), Chairman, U.S. House Appropriations Subcommittee on Homeland Security
  • Representative Lloyd Doggett (D-TX), Ranking Member, U.S. House Ways and Means Subcommittee on Tax Policy
  • Executive Director of the EUR-IO/EX Director Robert S. Needham

One person missing is Nicole Nason, the Assistant Secretary for Administration (A), and as of last week, the person apparently also now in charge of the Bureau of Overseas Buildings Operations (OBO). See her one-line official bio here as “A” overseeing twelve offices and OBO (currently unlisted).

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Confirmations: Trujillo, Pence, Prado, Traina, Moley, Royce, and More

Posted: 12:04 am  ET

 

Late on March 22, the U.S. Senate confirmed the following executive nominations for the State Department, the Peace Corps, and a few other reps for international banks:

Exec. Cal. #616 Carlos Trujillo, of Florida, to be Permanent Representative of the United States of America to the Organization of American States
Exec. Cal. #752 – Robert Frank Pence, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland
Exec. Cal. #753 – Edward Charles Prado, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Argentine Republic
Exec. Cal. #754 – Trevor D. Traina, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Austria
Exec. Cal. #759 – Kevin Edward Moley, of Arizona, to be an Assistant Secretary of State (International Organization Affairs)

Exec. Cal. #761 – Marie Royce, of California, to be an Assistant Secretary of State (Educational and Cultural Affairs)

Also confirmed:

PEACE CORPS
Exec. Cal. #760 – Josephine Olsen, of Maryland, to be Director of the Peace Corps

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Exec. Cal. #330 Steven T. Mnuchin – to be United States Governor of the European Bank for Reconstruction and Development, United States Governor of the African Development Fund, and United States Governor of the Asian Development Bank.

Exec. Cal. #756 – Judy Lynn Shelton, of Virginia, to be United States Director of the European Bank for Reconstruction and Development

INTERNATIONAL MONETARY FUND

Exec. Cal. #331 Steven T. Mnuchin – to be United States Governor of the International Monetary Fund, United States Governor of the African Development Bank, United States Governor of the Inter-American Development Bank, and United States Governor of the International Bank for Reconstruction and Development for a term of five years.

INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

Exec. Cal. #755 – Erik Bethel, of Florida, to be United States Alternate Executive Director of the International Bank for Reconstruction and Development for a term of two years

The nominee to be U.S. Ambassador to Germany is still stuck in confirmation purgatory:

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