Unemployment Status of @StateDept Family Members Overseas (Fall 2017)

Posted: 4:25 am ET

 

On February 13, Foreign Policy did a piece on Tillerson’s hiring freeze of Eligible Family Members (EFM) at the State Department and how even as the freeze ends, it “left resentment in its wake.”

“It’s been months,” said one department official speaking on condition of anonymity, “and still no one understands what is going on with EFMs.”

The confusion could be cleared up soon with concrete steps Tillerson is expected to take this month. Tillerson has authorized an additional 2,449 EFM positions to the State Department payroll, effectively lifting the prior hiring freeze, a department spokesman said. He also plans to expand a selective pool of jobs for highly educated family members, known as the Expanded Professional Associates Program, from some 200 to 400 positions.

“This should put us back to normal hiring levels” for diplomats’ family members, the spokesman told Foreign Policy.

Read the full piece here.

First, on that EPAP expansion that supposed to expand professional opportunities from some 200 to 400 positions, read our recent post: @StateDept Releases New Strategery For Diplomatic Spouse Professional Employment #Ugh.  Previously qualified applicants must re-qualify to be eligible under the new standards; they will not be grandfathered into the new program. EFMs on EPAP position are taking jobs that are comparable in duties and responsibilities to career FSOs and FS Specialists, but in some cases, the standard required for EFMs to qualify are higher than those required of FSOs/FSSs. We’ve already heard that some posts will not be requesting EPAP positions. We’d be interested to know what is the fill rate of this program by end of FY2018.

Second, the FP piece citing a department spox says that “Tillerson has authorized an additional 2,449 EFM positions to the State Department payroll effectively lifting the prior hiring freeze.”

That “additional” number got our attention because despite years of effort, the number of EFM jobs has always been problematic, and given Tillerson’s track record, we frankly have low expectation that he will expand or provide something “additional” to a situation that he made worse on his first year on the job.

When we asked about this, the reporter told us “State won’t give us a clear answer – in large part because its hard to track exact number as FSOs cycle to new posts. Best we got was its ‘returning to normal levels.’ Rough estimate: 884 EFMs waived by RT + the 2449 new ones = 3333, a bit below Fall 2016 levels.”

So, if there’s one thing the State Department is really, really good at, it is how to track its people overseas. Also there’s absolutely no reason why the State Department could not give FP a clear answer. Unless, of course, the clear answer would indicate that the EFM employment is not/not returning to normal levels.  See, twice a year, the State Department actually releases a report on EFM employment. This happens once in spring, typically in April after the Foreign Service’s winter cycle is done, and again in fall, typically in November, after the summer rotation concludes.

This is the Fall 2017 release. Note that when this report was generated, there were actually more EFMs working outside the mission overseas than inside the mission. This is the first time we’re ever seen this.  Below is the Spring 2017 release (also see Unemployment Status of @StateDept Family Members Overseas (4/2017)). Between April and November 2017, a difference of over a thousand EFM employees. Below is a breakdown of EFM employees by region from 2014-2017. Last year’s 2,373 is the lowest number in four years.  In Fall 2017, there were 11,816 adult family members overseas (this includes State Department, other foreign affairs agencies as well as other USG agencies under chief of mission authority); so 20% EFMs were employed at our overseas posts. In Fall 2016, there were 11,841 adult family members overseas, and 3,501 were employed at our overseas posts or 30 percent. By the way, the overall “not employed” EFM category jumped from 56 percent in April 2017 to 64 percent in November 2017.

The State Department could argue that some more EFMs were hired after the Fall 2017 report. That’s entirely possible. Or if Tillerson’s  additional 2,449 EFM positions” are real numbers, that’s a 96 percent increase to the 2,373 Fall 2017 number.  Really? If FP’s 3,333 number is accurate, it would be 60 less than 3,393 (count released in April 2017); it would also be 168 less than the annual Fall count the previous year at 3,501, and brings the total number closest to the 2015 level.

We’ll have to wait and see, after all, when State announced that it lifted the EFM hiring freeze late last year, it turned out, it was only a 50% lift. So as you can imagine, we have some difficulties digesting this additional number of EFM positions. We’ll have to wait for the Spring 2018 report to see how back to normal this really is. If/When it does return to normal, one still need to shake one’s noggin. This. Was. A useless, needless exercise by thoughtless newbies.

Read more here:

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2017 Redesign Ends With a Whimper as Tillerson Announces Start of “The Impact Initiative”

Posted: 4:17 am ET
Updated: Feb 14, 1:17 pm PT

 

The State Department’s 2019 Budget Proposal released on February 12 includes a cover letter where Secretary Tillerson talks about the “completed [the] 2017 Redesign.” Hookay.  On February 13, Secretary Tillerson sent a message to his employees announcing The Impact Initiative (Please note that the Impact Initiative links do not work in the regular Internet, but only works in the State Department’s Intranet so we’ve disabled them below). 

The Impact Initiative is the implementation of plans generated during the 2017 Redesign to enhance our ability to carry out America’s foreign policy and strengthen our leadership training and development. Modernization and Leadership projects are now underway, and employees are being asked to participate in various components of the initiative. Through Modernization and Leadership, the Impact Initiative will help improve efficiency and enhance our ability to deliver on our mission. Please go to http://impact.state.gov for additional information and to sign up for regular updates.

TII is supposed to lay a foundation for the future, and as we’ve previously reported, INR’s Dan Smith is now formally identified as the lead for this new organizational experience. Also see Tillerson’s #Redesign Gets Rebranded as “The Impact Initiative” or TII But Why Not TELII?

The Impact Initiative is the implementation of plans generated during the 2017 Redesign for modernizing work processes and tools and strengthening leadership in the Department. The Modernization projects will reduce impediments to more efficient operations, as identified during the Redesign process; and the Leadership component will focus on ensuring we build the skills, experience, and leadership qualities that we need in our Civil Service, Foreign Service, and locally employed staff. I am pleased to announce that Ambassador Daniel Smith (http://impact.state.gov/ambassador-daniel-b-smith/), Assistant Secretary of the Bureau of Intelligence and Research, will lead the Impact Initiative.

Tillerson’s message to State Department employees includes a section labeled “Background: From Redesign to Impact” — obviously a necessary reminder for an exercise that has been repeatedly identified as “employee-led” … well, in case the employees have forgotten:

The 2017 Redesign, a joint State-USAID initiative, examined our work processes, our workforce development, and our technology tools. The Redesign was tasked to identify opportunities to make our agencies more effective and efficient and identify obstacles that, if removed, would allow us to accomplish our mission with greater impact. Many of you were involved in the various phases of the Redesign, which examined work processes and organizational practices that hold us back and identified those problems that were both significant and solvable. During the Redesign, teams of your colleagues came up with concrete plans and proposals to modernize our work.

As the Redesign wrapped up in 2017, I shared my vision for implementing the resulting projects during a town hall last December: Modernization + Leadership = Greater Mission Impact, or the Impact Initiative for short.

And now about those “Keystone Projects”

The first component of the Impact Initiative is Modernization. Impact Initiative teams are working to implement Modernization projects in three areas: information technology and human resources, policy processes and our global resource footprint, and operational efficiencies. In practical terms, this means the Impact Initiative aims to bring our HR and IT systems in line with modern day standards, streamline our policy development and execution, modernize how we deploy our resources globally, and capture operational efficiencies.

There are 16 keystone Modernization projects with teams working in those projects but they’re only available on the Intranet site.

Tillerson talks about leadership and strengthening training and development:

The second component of the Impact Initiative is Leadership, and I have highlighted the importance of strengthening leadership development. I recently launched a series of Leadership Lectures based on the core leadership tenets. We are reviewing our leadership principles and working to ensure we have the right policies and programs in place to effectively recruit, train, and develop the next generation of Foreign and Civil Service leaders to advance our foreign policy goals for the 21st Century. At my direction, a Leadership Coalition has been selected from a diverse cross-section of established and up-and-coming career leaders to identify ways to strengthen and improve leadership development and delivery of leadership training. Julieta Valls Noyes (http://impact.state.gov/ambassador-julieta-valls-noyes/), Acting Deputy Director of the Foreign Service Institute, is heading the Leadership component of the Impact Initiative.

Tillerson ends his message with a note that TII needs the employees’ “support and participation” and ask that they sign up for regular updates. “For the Impact Initiative to succeed, everyone in the State Department and USAID must stay up-to-date on progress of the work of the Modernization Project teams and Leadership Coalition.”

 

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A Look at @StateDept Staffing Losses Between FY2016-FY2017 #ThisCouldGetWorse

Posted: 12:28 pm PT
Updated: Feb 13, 2:02 pm PT

 

We’ve written previously about staffing and attrition at the State Department in this blog. We’ve decided to put the staffing numbers in FY16 and FY17 next to each other for comparison. The numbers are publicly released by State/HR, and links are provided below.

Since the State Department had also released an update of its staffing numbers dated December 31, 2017 for the first quarter of FY2018, we’ve added that in the table below.

FY2016 saw a high water mark in the total number of State Department employees worldwide at 75,231.  There were 13,980 Foreign Service employees (officers and specialists), 11,147 Civil Service employees and 50,104 locally employed (LE) staff members at 275 overseas posts.

The Trump Administration took office on January 20, 2017. On February 1, 2017, Rex W. Tillerson was sworn in as the 69th Secretary of State. With the exception of the month of January, note that Secretary Tillerson was at the helm at State for eight months in FY2017 (February-September 30, 2017), and the first three months of FY2018 (October 2017-December 2017).

With 75,231 overall number as our marker, we find that the State Department overall was reduced by 351 employees at the end of FY2017.  On the first quarter of FY18, this number was reduced further by 476 employees.  Between September 30, 2016, and December 31, 2017 — 15 months — the agency was reduced  overall by 827 employees (including LE employees).

FY2017 did see six, that’s right, six new FS specialists, and 256 LE staffers added to its rolls (see That FSS Number for additional discussion on that six FSS gains). Note that LE staffers are generally host country nationals paid in local compensation plans with non-dollarized salaries.

Data also shows that there were 68 more FS/CS employees overseas. We interpret this to mean 68 more FS/CS employees assigned overseas, and not/not necessarily new hires. The FSO ranks were reduced by 107 officers, and the Civil Service corps was reduced by 500 out of a total of 25,127 American employees by September 2017. The Foreign Service was further reduced by 197 employees, and the Civil Service reduced by 144 employees by December 31, 2017.

Tillerson on Track

Mr. Tillerson goal is reportedly to reduce the department’s full-time American employees by 8 percent by the end of September 2018, the date by which Mr. Tillerson has purportedly promised to complete the first round of cuts. A November 2017 report  calculated the 8 percent as 1,982 people with 1,341 expected to retire or quit, and 641 employees expected to take buyouts. The data below indicates that the State Department’s American FS/CS employees at 25,127 in FY2016 was reduced by 948 employees by December 31, 2017, a reduction of 3.8 percent.  If the buyouts, as reported, occurs in April 2018, Tillerson would be at 6.3 percent reduction by spring, with five months to get to the remaining 1.7 percent to make his 8 percent target by September 30. And this is just the first round.

Projected Attrition

In 2016, the State Department already projected that between FY 2016 and FY 2020, close to 5,400 career FS and CS employees (21 percent) will leave the Department due to various types of attrition (non-retirements, retirements, voluntary, involuntary). That’s an average of 1,080 reduction each fiscal year from FY2016-FY2020.  Even without a threat of staff reduction, it was already anticipated that the State Department was going to shrink by 1,080 employees every year until 2020.  We think that part of this estimate has to do with the graying of the federal service, and the mandatory age retirement for the Foreign Service, but also because of the built-in RIF in the Foreign Service with its “up or out” system. Anytime we hear the State Department trimming its promotion numbers, we also anticipate more departures for people who could not get promoted.

It’s Not a RIF, Just Shrinking the Promotion Numbers

Tillerson made the staff reduction his own by announcing a staffing cut and a buyout. This was obviously a mistake, but what do we know? What this signals to us is a lack of understanding of how the system was intended to work most especially in the Foreign Service. This is a mistake that he could have easily avoided had he not walled himself away from career people who knew the building and the system that he was trying to redesign.

Yes, the reduction in State Department workforce was in the stars whether Tillerson became Secretary of State or not. There is a regular brain drain because the Foreign Service is an “up or out” system. Some diplomats who are at the prime of their careers but are not promoted are often forced to leave.  But to get more people to leave, Tillerson does not even need to announce a RIF, he only need to shrink the promotion numbers. A source familiar with the numbers told us that in 2017, 41 FSOs were promoted from FS01 to the Senior Foreign Service (SFS), down from an average over the past five years of 101, or a 60% decrease. Across the Foreign Service, we understand that the average decrease in promotion numbers is about 30% percent.

In the rules books, the Director General of the Foreign Service is supposed to determine the number of promotions of members of the Foreign Service reviewed by the selection boards by “taking into account such factors as vacancies, availability of funds, estimated attrition, projected needs of the Service, and the need for retention of expertise and experience.” This decisions is based on “a systematic, long-term projection of personnel flows and needs designed to provide: (1)  A regular, predictable flow of recruitment into the Service; (2)  Effective career development to meet Service needs; and (3)  A regular, predictable flow of talent upwards through the ranks and into the SFS.”

The State Department does not even have a Senate-confirmed DGHR. The last Senate confirmed Director General Arnold Chacon left his post in June 2017 (see DGHR Arnold Chacón Steps Down, One More @StateDept Office Goes Vacant). Bill Todd who is the Principal Deputy Assistant Secretary is now acting Director General of the Foreign Service & acting Director of Human Resources, as well as “M” Coordinator. The Trump Administration has nominated ex-FSO  Stephen Akard to be the next DGHR (see Ten Ex-Directors General Call on the SFRC to Oppose Stephen Akard’s Confirmation).

Burning Both Ends of the Candle

The surprise is not that people are leaving, it is that people that you don’t expect to leave now are leaving or have left. An ambassador who retires in the middle of a three-year tenure. The highest ranking female diplomat who potentially could have been “P” retired. A senior diplomat retiring while at the pinnacle of his diplomatic career five years short of mandatory age retirement. A talented diplomat calling it quits while there’s a whole new world yet to be explored. The highest numbers of departures are occurring at the Minister Counselor level, and at the FS01s and below level (PDF). That said, these numbers as released and shown below, are still within the previously projected attrition numbers for FY2017. The FY2018 numbers is the one we’re anxious to see.

Tillerson’s staff reduction is not even the most glaring problem he gave himself. Basically, Tillerson’s State Department is burning both ends of the candle. The diplomatic ranks were reduced by 225 in December 31 last year but State will reportedly only hire a hundred in FY2018. There are rumors of only hiring at 3 for 1 to attrition. If this is the plan, Tillerson will surely shrink the diplomatic service but by not ensuring a smooth flow of new blood into the Service, he will put the institution and its people at risk. For instance, there are about 2,000 Diplomatic Security agents. Let’s say 21 percent or 420 agents leave the agency between now and 2020, and the State Department hires 140 new agents during the same period. The work will still be there, it will just remain unfilled or the positions get eliminated. A three-person security office could shrink to two, to one, or none. In the meantime, the United States has 275 posts overseas, including high threat/high risk priority posts that require those security agents.  What happens then? Are we going to see more contractors? Since contractor numbers are typically not released by the State Department, we won’t have any idea how many will supplement the agency’s workforce domestically and overseas.

The Foreign Service Specialists (FSS) Count

So if we look at the first table below (thanks JR), note that the total Foreign Service Specialists (FSSs) number is 5,821. A State Department release in November 29, 2017 confirms the 5,821 figure. But this figure as you can see here (PDF) includes Consular Fellow gains (previously known as Consular Adjudicators) in FY2017 (231), FY2016 (141), FY2015 (70), FY2014 (35) and FY2013 (37). The numbers are not clear from FY13 and FY14 because the counts were not done at the end of the fiscal year but midyear and end of the year. As best we can tell, the State Department HR Fact Sheet counts Consular Fellows as part of its FSS count in fiscal years 2015-2017.

The result is that the career FSS count is artificially inflated by the inclusion of the Consular Fellows in the count. While the first table below shows an FSS gain of six specialists, in reality, the CF inclusion in the count hides the career FSS losses in the last three fiscal years that ended. Why does that count matter? Because the Consular Fellow LNA appointments max out at 60 months.

11/29/17  Department of State Facts About Our Most Valuable Asset – Our People (September 30, 2017 Counts) 

Consular Fellows are hired via limited non-career appointments (LNAs). The Consular Fellows program, similar to its predecessor, the Consular Adjudicator Limited Non-Career Appointment (CA LNA) program, is not an alternate entry method to the Foreign Service or the U.S. Department of State, i.e. this service does not lead to onward employment at the U.S. Department of State or with the U.S. government. In fact state.gov notes that Consular Fellows are welcome to apply to become Foreign Service Specialists, Foreign Service Generalists, or Civil Service employees, but they must complete the standard application and assessment processes. So for Congressional folks keeping track of the career Foreign Service numbers, this would be a notable distinction.

Trump’s 2019 Budget and the Next 27% Cut

Trump’s fiscal 2019 proposed budget includes a 27% cut to the State Department. This potentially could get a lot worse; when the Administration starts shrinking programs, and priorities at this rate, it will inevitably create a cascading effect impacting overseas presence and personnel. State Department officials may say no post closures, and no reduction-in-force now but we probably will see those down the road, even if not immediately.  Remember when State was shrunk in the early 1990’s? It took a while before people could start picking up the pieces, and the replenishment for the workforce did not happen until almost a decade later. (see The Last Time @StateDept Had a 27% Budget Cut, Congress Killed ACDA and USIA).

Still, we have to remind ourselves that the budget proposal is just that, a proposal, and that Congress has the power of the purse. Is it foolish to hang our hopes on our elected reps?

HR Fact Sheet as of December 31, 2017 (PDF)

HR Fact Sheet as of 9/30/2017 (PDF)
Oops, looks like this file was subsequently removed after post went up.
See copy via the Internet Archive

HR Fact Sheet as of 9/30/2016 (Archived PDF)

HR Fact Sheet as of 9/30/2015 (PDF)

Below is a bonus chart with the FY2015 staffing numbers (yellow column#1), and the gains/losses between September 2015 to December 2017 (yellow column ##2). We’re sure that Mr. Tillerson’s aides would say that yes, there are staffing losses but look, the State Department’s overall workforce is still larger at the end of 2017 when compared to 2015. And that is true. Except that if you look closely at the numbers, you will quickly note that the gains of 1,346 employees are all LE staffers on local compensation.

 

Related posts:

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Clueless @StateDept: Come Up With Leadership Precepts? #LookIntheFAM

Posted: 1:45 am ET
 

 

Back in November, following the departure of Maliz Beams as State Department Counselor and redesigner-in-chief, the State Department released a statement on who takes over her role in leading the redesign efforts: “Effective immediately, Christine Ciccone will step in to lead the redesign effort and manage its daily activities.”

Politico recently reported about the State Department’s rebranding of Tillerson’s redesign; it will now be called “The Impact Initiative.” (see Tillerson’s #Redesign Gets Rebranded as “The Impact Initiative” or TII But Why Not TELII?).

We understand that Christine Ciccone is no longer leading the redesign effort. Career diplomat Dan B. Smith is reportedly now tapped as the head of The Impact Initiative. Ambassador Smith was previously a U.S. Ambassador to Greece. He was appointed Assistant Secretary of State for Intelligence and Research on February 14, 2014, and serves in that position to-date.

The Impact Initiative recently meet, and apparently the space aliens running the “leadership coalition” meeting (attended by a group of ambassadors, former ambassadors, and a few mid-levels) asked the senior officials to come up with “leadership precepts.” The group pointed out to the space aliens who landed in Foggy Bottom that the State Department already have them.

And the best news is — they’re already in the Foreign Affairs Manual!

We’ve previously written about this in 2014, but looks like the FAM cite was updated in 2015, so we’re republishing them below (see Leadership and Management Principles for State Department Employees).  

 

3 FAM 1214
Leadership and Management Principles for State Department Employees
(CT:PER-771; 06-03-2015)
(Uniform State/USAID/BBG/Commerce/Foreign Service Corps-USDA)
(Applies to Civil Service and Foreign Service Employees)

a. The Department relies on all employees to represent the U.S. Government in the course of carrying out its mission. The Foreign Service Core Precepts and the Office of Personnel Managements Executive Core Qualifications, in addition to existing Leadership and Management Tenets, such as those established by Consular Affairs, Diplomatic Security, Economic and Business Affairs, and Public Diplomacy, set clear expectations for their employees. Additionally, the Department as an institution embraces an overarching set of Leadership Principles. The established Department-wide Leadership Principles apply to and can be used by anyone, regardless of rank or employment status (e.g. Civil or Foreign Service, Locally Employed Staff, or contractors).

b. Supervisors and managers have a unique opportunity and responsibility to lead by example and foster the highest attainable degree of employee morale and productivity. However, you do not need to be a manager to be the leader. The following principles reflect the values the Department believes are important for all employees to cultivate:

(1) Model Integrity Hold yourself and others to the highest standards of conduct, performance, and ethics, especially when faced with difficult situations. Act in the interest of and protect the welfare of your team and organization. Generously share credit for the accomplishments of the organization. Take responsibility for yourself, your resources, your decisions, and your action;

(2) Plan Strategically Develop and promote attainable, shared short and long term goals with stakeholders for your project, program, team, or organization. Provide a clear focus, establish expectations, give direction, and monitor results. Seek consensus and unified effort by anticipating, preventing, and discouraging counter-productive confrontation;

(3) Be Decisive and Take Responsibility Provide clear and concise guidance, training, and support, and make effective use of resources. Grant employees ownership over their work. Take responsibility when mistakes are made and treat them as an opportunity to learn. Formally and informally recognize high quality performance;

(4) Communicate Express yourself clearly and effectively. Be approachable and listen actively. Offer and solicit constructive feedback from others. Be cognizant of the morale and attitude of your team. Anticipate varying points of view by soliciting input;

(5) Learn and Innovate Constantly Strive for personal and professional improvement. Display humility by acknowledging shortcomings and working continuously to improve your own skills and substantive knowledge. Foster an environment where fresh perspectives are encouraged and new ideas thrive. Promote a culture of creativity and exploration;

(6) Be Self-Aware Be open, sensitive to others, and value diversity. Be tuned in to the overall attitude and morale of the team and be proactive about understanding and soliciting varying points of view;

(7) Collaborate Establish constructive working relationships with all mission elements to further goals. Share best practices, quality procedures, and innovative ideas to eliminate redundancies and reduce costs. Create a sense of pride and mutual support through openness;

(8) Value and Develop People Empower others by encouraging personal and professional development through mentoring, coaching and other opportunities. Commit to developing the next generation. Cultivate talent to maximize strengths and mitigate mission-critical weaknesses;

(9) Manage Conflict – Encourage an atmosphere of open dialogue and trust. Embrace healthy competition and ideas. Anticipate, prevent, and discourage counter-productive confrontation. Follow courageously by dissenting respectfully when appropriate; and

(10) Foster Resilience Embrace new challenges and learn from them. Persist in the face of adversity. Take calculated risks, manage pressure, be flexible and acknowledge failures. Show empathy, strength, and encouragement to others in difficult times;

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Inbox: “State Department absolutely deserves to have a trial by media”

Posted: 1:31 am ET

 

In response to our recent post, Congress Seeks Info on @StateDept Senior Executives Who Are Subjects of Multiple Complaints, we received an email from a reader who gave us permission to share the following, purposely stripped of specific details for obvious reasons:

“I want to comment on your post about the letter Congressman Cummings wrote to Secretary Tillerson. I filed an EEO complaint against the agency and have suffered immensely in my professional and personal life. What struck out to me from your post was this: “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.” I can tell you that going to Congress or the press is absolutely something I’m pondering, and it’s precisely for the reason you stated. There is no real recourse or redress. There is zero accountability. The State Department absolutely deserves to have a trial by media. I probably won’t be the one to lead the charge. The State Department has caused enough damage in my life, but it definitely needs to be accountable to SOMEONE. I hope a new era is on the horizon, but I won’t be holding my breath.”

 

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@USAID Suspends Involvement in Tillerson’s Redesign Passion Project

Posted: 12:58 am ET

 

AND NOW THIS —

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Senators Seek Review/Analysis of @StateDept and @USAID Sexual Harassment and Assault Data

Posted: 2:29 am ET

 

U.S. Senators Ben Cardin (D-Md.), Ranking Member of the Senate Foreign Relations Committee, and Jeanne Shaheen (D-N.H.), Ranking Member of the SFRC Subcommittee on State Department and USAID Management, led the Committee’s Democrats in a letter to Secretary of State Rex Tillerson and USAID Administrator Mark Green on January 17, requesting a review and analysis of data to better understand the scope of sexual harassment and assault issues at the Department and Agency, in order to consider appropriate policy changes to address the problems.

ABOUT TIME.

Note that back in September 2016,  this blog wanted to know the statistics on sexual assault in the Foreign Service, specifically in Afghanistan and Iraq since 2003. We were also interested in overall statistics on sexual assault in the Foreign Service worldwide, during the last 10 years. We did not ask for names, only numbers. We simply asked for an accounting of sexual assault reports since the invasion of Iraq in 2003 to the present, and the worldwide number of reports spanning over 280 overseas posts in the last 10 years. We were sure the data must be available somewhere. How could it not?

This was the State Department’s official response at that time:

“The Office of Special Investigations receives and catalogues allegations and complaints. Allegations are neither categorized by location nor by alleged offense.”

That remains a shocking response.

Without looking at their data by location and offense, or for that matter by individuals accused, how is the State Department to know when there are serial offenders in its ranks? (See The State Dept’s Sexual Assault Reporting Procedure Appears to Be a Black Hole of Grief).

In its 4th Quarter 2017 report for period ending September 30, 2017, the Office of Civil Rights (S/OCR) does have some information on Equal Employment Opportunity Data required by the No Fear Act.  The public report indicates that reprisal is the number one complaint by basis in FY2017.  Non-sexual harassment went from 72 complaints in 2016 to 103 at the end of FY2017. The comparative report notes 3 complaints of sexual harassment in 2016 and 6 complaints at end of FY2017.

The average number of days in investigation? 207.17 days.

Total Findings of Discrimination after a hearing for sexual harassment? Zero. In 2012.

Also zero in 2013, in 2014, in 2015, in 2016, and through the end of FY2017. Zero.

Apparently, S/OCR does not also count cases reversed by the EEOC like that 2016 case where S/OCR did not find sexual harassment but where the EEOC decided that the complainant was indeed subjected to sexual harassment and ordered the State Department to take remedial actions (see @StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case).

S/OCR was recently a presenter in a State Department Q&A session “Should I Report That? How (and when) to Report Workplace Conflict, Harassment & Bias in the Department”.

To read more about our previous posts on sexual assault, click here; for sexual harassment, click here.

Below is the text of the letter to Secretary Tillerson and USAID Administrator Mark Green:

We write to draw to your attention the November 28, 2017 letter signed by over 200 national security professionals who have served, often with distinction, in the State Department, the intelligence community, USAID, and the Pentagon about their experiences of (or serving as witnesses to) incidents of sexual harassment or sexual assault inside our national security bureaucracies.

This letter speaks to what we believe remains a critical issue that too many of our national security institutions have been too slow to address: sexual assault and harassment and its effects on the professionalism and effective functioning of those institutions. These incidents and the pervasive culture that all too frequently excuses these behaviors and actions have had serious and detrimental consequences for the careers and lives of those affected – and by depriving the United States of the service of some of our best and brightest, a deep and negative effect on our national security.

To better address this issue, we would urge you to provide the Foreign Relations Committee a review of your current methods for data collection, oversight, reporting structure, victim protections, analysis and anti-sexual harassment training, including employee feedback on these mechanisms and how they are being implemented. In our oversight capacity, we hope to work with you, to review and analyze the data to better understand the scope of the problem we confront as we consider appropriate policy changes to address it.

The November 28 letter contends that training is all too often “erratic” and “irregular,” and that policies often go unnoticed among staff. In our experiences serving on the oversight committee with responsibilities for the Department of State and USAID we concur with this contention. We would urge that you pay special attention to whether anti-harassment training is adequate, how it is implemented, and how it is enforced, in your respective reviews. We also urge you to examine your procedures for disciplinary actions to ensure that those who demonstrate improper behavior are held accountable for their actions.

The letter also calls for a number of reforms including a clear indication that national security leadership will not tolerate certain behavior, ensuring the full accessibility and functioning of “multiple, clear, private” channels to report abuse without fear of retribution, and ensuring sufficiently regular, mandatory, and instructive training for employees and contractors. We would be interested in your thoughts and comments on these potential areas for reform.

We also urge that you each take the opportunity to work with us to determine what additional resources are necessary to ensure that each report and allegation receives proper attention, that your offices are collecting all the relevant data, that cases are addressed in a timely and confidential fashion, and that training is fully implemented across the State and USAID workforce.

At a moment in our country when we are being reminded anew of the scope and challenge of sexual harassment in the workplace, we are rededicating ourselves here in the Senate to addressing this issue in our own ranks. The Legislative branch faces similar challenges and that while we work to address them, we expect the same from executive branch agencies. For our part, in addition to exploring appropriate oversight and legislative action to ensure that you have the resources and focus that you need to address these issues, we also intend to place additional emphasis on these issues in the confirmation process. We intend to ensure that nominees live up to the highest standards of behavior, and will seek commitments regarding how they intend to address sexual harassment and assault if they are confirmed.

Lastly, we note that the abuses, harassment and assaults noted in the November 28 letter are enabled by an environment in which the diversity of our nation – one of our “secret weapons” and competitive advantages as a nation – is not reflected in the national security workforce. This is especially true at the senior levels. At the State Department, for example, women and men enter the Foreign Service in roughly comparable numbers, but only about one-third of our senior Foreign Service Officers are women. Although women comprise a majority of the Civil Service, the Senior Executive Service remains 61% male and 89% white. Similarly disturbing trends come to light when analyzing the salaries, bonuses and expectations of workplace behavior amongst men and women working in national security roles. We still have a long way to go on gender equality in the national security workforce, and encourage you to share with us as well your vision for how you plan to address deficiencies in recruitment, retention and promotion to assure that your national security workforce is equitably balanced.

The members of our national security workforce should not be forced to spend their time and energy combatting harassment and a culture of tolerance for disrespectful behavior. Rather, they should be free to focus on what they do best – working to keep our nation safe. And we know from numerous studies that a more diverse workforce leads to better outcomes. A 2015 McKinsey study found that a more diverse workforce is more successful through improved decision-making, leadership, and financial progress. We know that to be true in the private sector and we know that to be true for government as well.

Mindful that there are myriad challenges and opportunities to better address sexual harassment in the workplace we do not seek nor do we expect you to develop a cookie-cutter approach to these issues. Rather, we call on you to respect the dignity of each member of our national security workforce by ensuring an environment in which each individual is capable of fully contributing his or her talents to our national security, without obstruction.

The original text of letter is posted here.

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As Govt #Shutdown Looms Large, @StateDept Still “Reviewing All Available Options” #MissingGuidance

Posted: 8:23 pm PT

 

On January 18, the State Department spokesperson was asked about the the preparations for a potential government shutdown and the impact on the State Department. Here is one part of the response:

MS NAUERT: Yeah, well, first let me start off by mentioning to everyone here the current continuing resolution expires at midnight tomorrow, January the 19th. We are putting in place prudent management of this. Our Secretary’s office right now is reviewing all the available options as to how we should handle some of the decision-making going forward, if this were to happen, if there were to be a government shutdown. We will be prepared for all contingencies – I want to make that clear – including the possibility of a lapse. That would mean a government shutdown.

OMB, the Office of Management and Budget, has requested that all agencies determine ways to minimize the impact on the American people. Matt, I think that would fall under visas and passports and the like. This is what we’re doing here from the State Department. Some of those decisions are still being made, exactly what services we will be able to provide and which ones we will not.

The State Department spox and her bosses do not realized that passports and visas are fees-funded and not appropriated funds?

After the spox talked about the Secretary having “quite a bit of leeway” and embassies having “a lot of discretion over how they will handle their staffing”, she was asked “You sound very reassuring, like the Secretary has lots of leeway, the embassies have some leeway. It sounds very peaceful in your view. But does the State Department view this looming prospect as dangerous to national security on its face?”

MS NAUERT: Look, national security, and keeping the security and the safety of Americans is always a top priority. We will not pull back on that in any way, shape or form. We will continue to follow those things. We’re not going to get all excited about what may or may not happen. We will have contingency plans that we put in place, and we will adhere to those. Okay.

A State Department official cited by vox.com notes that “US missions usually designate people as essential employees who must work during government shutdowns; others are considered non-essential and therefore can’t work. As of Thursday, no such list has been created.”

Are they going to come up with the furlough lists after the actual shutdown occurs?

On December 4, 2017, the State Department released its Guidance on Operations During a Lapse in Appropriations. The guidance was prepared in anticipation of the lack of appropriation or continuing resolution before midnight on December 8, 2017. As of this writing, we have not seen an updated guidance for the looming shutdown tomorrow. We’ve asked the A/DGHR if this same guidance would apply if there is no CR by midnight Friday, January 19, the deadline to pass a short-term spending bill to keep the U.S. government open and avoid the shut down of federal agencies, but our question has so far been ignored.

Below is an excerpt from the December 2017 guidance that has not been updated for 2018 but potentially relevant to how the State Department will manage the agency in a shutdown.

Appropriated Funds: 1-Year, 2-Year, No-Year Funds

Departmental entities will continue to operate until their respective balances are insufficient to continue. While many appropriated funds expire after one year, the Department has some accounts that are 2-year funds or no-year funds.

If there is no appropriation or continuing resolution before midnight on December 8, 2017, Department elements using multi-year or no-year appropriations (with remaining available balances), trust funds, other permanent appropriations, fees, and the Working Capital Fund will fund and continue operations as long as this funding is available. Please note that due to reduced funding or revised authorities, such availability for FY 2018 may be different than what was in place for the previous lapse in appropriations.
[…]
If there is no appropriation or continuing resolution before midnight on December 8, 2017, posts and offices supported by single-year appropriations will immediately commence procedures [/] on the first business day following that date, i.e., Monday, December 11, 2017. Posts that normally operate on Saturdays or Sundays will immediately commence procedures [/] on Sunday, December 10, 2017.

Determination of Excepted Functions and Positions

A. Definition of Excepted Functions: “Excepted” functions that may be continued in an absence of appropriations include those necessary for emergencies involving “the safety of human life or the protection of property,” and those necessary for activities essential to national security, including the conduct of foreign affairs essential to national security. Employees performing “excepted” functions will continue to report to work and perform their duties.

B. Chief of Mission (COM) Authority Regarding Other U.S. Government Agency Employees Abroad: Under a lapse of appropriations, each U.S. government agency at post must determine which positions meet the criteria of “excepted” in the absence of appropriations. If an agency has determined that certain of its positions abroad do not meet those criteria, and that determination conflicts with the views of the Chief of Mission, then the Chief of Mission should attempt to resolve the matter directly with the parent agency concerned. Based on COM authority and the Department’s foreign affairs responsibilities, the COMs and Department’s judgment about what functions constitute the conduct of foreign relations essential to national security carries great weight. If the COM is unable to reach agreement with another agency on what functions should continue to be performed during a lapse of appropriations, the COM may refer the matter to Washington to see if the Department is able to reach an accommodation with the other agency.

The COM will be responsible for informing the most senior officials of other agencies at post immediately upon notification by OMB that we are to implement shutdown procedures.

C. Consular Operations Domestically and Abroad: Consular operations domestically and abroad will remain 100% operational as long as there are sufficient fees to support operations. However, if a passport agency is located in a government building affected by a lapse in appropriations, the facility may become unsupported. The continuance of consular operations in such instances will be treated on a case-by-case basis by the Office of the Under Secretary for Management.

D. Use of E-Mail/Telegrams/Remote Access/Mobile Applications: The Department will be minimally staffed if a shutdown occurs. Department managers and post managers are asked to reduce message traffic to include only the most urgent need. Remote access and mobile programs, to include fobs, secure laptop services, and centrally managed Blackberry support services will be minimally staffed. Additionally, due to reduced domestic staff levels, all personnel should be cognizant that there are fewer personnel available to respond to incoming messages.

Non-excepted employees should turn off all Department-provided mobile devices, and excepted personnel should not communicate with non-excepted employees. For purposes of communicating work status to non-excepted employees, supervisors should have employee personal contact information on file.

Personnel

U.S. Direct Hires Employees

An immediate hiring freeze will apply during a lapse in appropriations. Entry-on-board dates for prospective employees with employment offers are suspended until the funding lapse is over. No new job offers may be made.

We will need to examine the text of any subsequent appropriation or continuing resolution to determine if the Congress has authorized retroactive pay and allowances. All non-excepted personnel support activities, such as unfunded security investigations, should be suspended.

Family Members and Locally Employed (LE) Staff at Post

Eligible Family Members employed at post follow the furlough procedures of other direct-hire U.S. government employees unless paid on the local pay plan. Application of the furlough to LE staff (including foreign nationals and locally resident U.S. citizens, whether on personal services agreements (PSA) or direct-hire appointments) depends on local labor laws in each country. In general, Department LE staff will be required either: a) to report to work as directed by their supervisor (i.e., if “excepted,” or if treated as “excepted” because these LE staff legally must be paid, provided that in no event may LE staff report to work if adequate supervision is unavailable); b) to be on excused absence leave per 3 FAM 7451, if LE staff must be paid under local labor law but may not actually work because, for example, adequate supervision is not available; or c) to be placed on ordinary furlough status.

HROs at each post will examine local labor law and make appropriate, post-specific determinations in conjunction with post management. The COM should inform other U.S. government agencies at post that, as in the past, the Department plans generally to treat those LE staff members as excepted whom the Department believes must be paid under host state labor laws regardless of attendance. HR/OE will be in touch with those posts that indicated during sequestration planning that their host country local laws allow personnel to be furloughed.

Part-Time Employees

Part-time employees should follow the same guidance as full-time employees.

WAE Employees and Seasonal Employees

Employees with a When-Actually-Employed (WAE) work schedule and seasonal employees are called to duty at identified periods of the year in accordance with pre-established conditions. WAE employees are non-full-time employees without a regularly scheduled tour of duty. A seasonal employee is an employee hired into a position for which the customary annual employment is six months or less. Whether either group is called for work during the period in which furloughs are scheduled is discretionary with agencies, but those personnel must be performing excepted functions.

Rotation of Personnel

The decision to rotate personnel to perform excepted functions may be made at bureau and post discretion in unique and compelling circumstances. However, the following should be taken into consideration when making a decision on rotations:

  • Managers should take into account the potential impact on unemployment compensation eligibility for the employee, based on local jurisdictions’ unemployment insurance policies.
  • Decisions on rotations for specific positions should balance the Department’s need for continuity and equity to the employees.
  • Posts may determine on what basis rotations may take place (based on increments of at least one week), but due consideration should be given to continuity and fairness.
  • Personnel rotated into and out of an excepted function must have the requisite qualifications to perform the function.

All decisions to rotate employees must be documented by the bureau or post.

Details

Detailees follow the furlough policies and procedures of their home agencies because they remain officially employed by their home agencies. If you are detailed from the State Department to another federal agency, the State Department will determine if and how you are affected. If you are detailed to the State Department from another federal agency, your home agency will determine if and how you are affected. For more information and for details involving non-Federal agencies, refer to OPM guidance.

Specific Situations

The following are typical bureau/post obligation/payment categories and how they should be handled:

LE staff pay/allowances: Standard procedures to process LE staff payroll must be followed. Under no circumstances should alternate means be used to pay LE staff salaries, such as using petty cash. As per the above general guidance for obligations after a lapse in appropriations, no obligations for payroll after that date should be recorded on official accounts or in RFMS and GFMS, even for excepted activities. More detailed guidance on submitting time and attendance during the period of the lapse will be provided prior to the deadline for the next submission of time and attendance.

American Salaries, Benefits, and Allowances: While obligations may continue to be established for employees on US-based salary schedules performing “excepted” and shutdown activities, payments for salaries and allowances may only be made for services rendered prior to the lapse in appropriations.

Travel: Only travel in fulfillment of excepted activities can be initiated after a lapse of appropriations. Per guidance above, even in cases of travel in this category, obligations made after any lapse of appropriations should not be recorded on official bureau or post accounts even though obligations have been incurred. Blanket travel orders issued prior to the lapse in appropriations are not valid during the lapse period, unless in the case of travel abroad, travel commenced or any cost was incurred for that travel prior to the shutdown. No travel advances can be issued unless the obligation for travel abroad was incurred prior to the lapse in appropriations. Travel voucher reimbursements can be processed only if against obligations incurred and recorded for prior years, or for the current Fiscal Year (if obligated prior to the lapse in appropriations) multi-year or no-year appropriations for which funds remain available. Travelers who hold Citibank Travel Cards may charge advances against these cards for any approved trips as travel card advance charges do not create advances to official accounts. As part of GSA Smart Pay cards, Citibank Travel Cards will continue to function normally and banks will continue to provide service. Cardholders, as usual, should contact the bank customer service organization should they experience problems with their cards.

Utilities: As with other categories of payments, utility payments for obligations established prior to the lapse in appropriations can be processed and sent to CGFS for payment or entered in RFMS. Obligations for utility costs after the lapse in appropriations should not be recorded even though incurred, and utility payments for periods after that cannot be made from lapsed appropriations. Posts confronted with any emergencies in this regard should contact the Department as soon as possible (see paragraph 13 below).

OBO Allotment Activities: Since OBO activities abroad (e.g., rents, maintenance and repair, fire/safety and capital projects) are paid from the no-year OBO appropriation, these activities can be obligated and paid if the post has sufficient funds in its OBO allotment. Salaries for facility managers and OBO direct-hire project staff at post are funded domestically from the no-year OBO appropriation; therefore, those personnel will continue to report to work and perform their duties. Salaries for locally-hired OBO project staff are funded from post-held OBO allotments and can therefore be obligated and paid as long as post has sufficient funds in its allotment.

Collections: Embassy cashiers can continue to process all collections normally.

Absolutely Necessary Payments: To reiterate, and consistent with OMB guidance, we have authority to incur obligations but cannot make payments for excepted activities after the lapse in appropriations. Because our accounting system pays for incurred obligations, we cannot post (record) obligations due to the lapse of appropriations even though obligations have been incurred, nor can we make payments against the incurred but not recorded obligations for current Fiscal Year lapsed appropriations. If it is necessary to make payments in emergency situations (e.g., to safeguard life and property), the bureau or embassy should send a memo or cable, respectively, on a case-specific basis to request use of funds that BP determines may be available for such purposes. Each request should provide details of the date the funds are needed, the amount, the justification, and any other relevant information. Requests of this type should be limited to extreme cases.

Repatriation Loans: Post authority to expend up to $2,000 per applicant without Department approval is temporarily rescinded. If a post determines that a repatriation loan is necessary during the period of a lapse in appropriations, the post should cable CA/OCS and CA’s Comptroller to request funding as mentioned in paragraph 11 above.

Emergency Medical Services: If the concurrence of MED is received, emergency medical travel and services obligations can be incurred but not recorded. Accordingly, payments against such obligations cannot be made. Please coordinate with MED and follow guidance in paragraph 11 in emergency situations where payment is required immediately. For medical services funding requests the post should cable MED and CGFS – USOFFICE Global Financial Services (not the regional bureaus).

Speech-Making and Media Engagement

As a general rule, all speeches to public audiences should be cancelled and no invitations to give speeches to public audiences should be accepted during the shutdown period. If you believe there are exceptional reasons to honor an existing speech commitment or to accept a speaking invitation, you should contact the Public Affairs (PA) Special Assistants at 202-647-6607 for guidance. No speeches to public audiences may be made during the shutdown period without explicit approval from the PA Principal Deputy Assistant Secretary.

The Bureau of Public Affairs may need to communicate with the media, via on-camera or off-camera briefings and/or the release of statements via traditional or social media means, for events and issues involving the safety of human life or the protection of property, or those necessarily related to national security, including the conduct of foreign affairs essential to the national security (“excepted activities”). This would include direct support to the Secretary of State for travel related to national security-related issues, and any news media and transcription support that would entail. Approval for such activities will rest with the Bureau Assistant Secretary or Principal Deputy Assistant Secretary.

Non-emergency social media operations outside of flagship social media accounts must cease. Department flagship accounts managed by the Bureau of Public Affairs may operate in support of excepted activities.

Representation Events

Domestic Representation: As a general rule, no domestic representation events should be held during the shutdown period. Events already scheduled should be cancelled and no new events planned until the shutdown is over. If you believe there are truly exceptional circumstances that merit a representation event being held during the shutdown period, you should contact M/EDCS for approval.

Representation Abroad: As a general rule, no representation events should be held abroad during a shutdown period. Chiefs of Mission (COMs) may authorize a representational event abroad only if it is necessary to support excepted activities. COMs should consider the perception of a representational event during a Department shutdown.

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Snapshot: @StateDept’s Professional Development Program Principles For #FSOs

Posted: 3:49 am ET

 

Related to our previous posts on the State Department’s new FSO Professional Development Program (see @StateDept Rolls Out New FSO Development Program, and Promotion Rules to Get Into the Senior Foreign Service and AFSA: FSOs Will Now Compete in a “Scavenger Hunt” to Be Considered for Promotion Into the Senior Foreign Service), see a snapshot of the new PDP principles rolled out by the State Department on the last working day of 2017:

The Professional Development Program (PDP) is designed to enhance leadership and adaptive capacity, fuel professional development, and develop the experience and skills of employees over the length of their careers. It is also designed to meet Service needs at various grade levels. Service needs continue to evolve based on U.S. interests, international challenges, and the evolution of diplomacy to encompass inter-agency and “crisis response” responsibilities. The principles outlined below encompass this dual objective of employee and Service needs. No single career path — no specific set or sequence of assignments, no particular promotion timing — determines success. Professional growth and career advancement come from taking on challenges and demonstrating accomplishments across an array of Service-needs assignments to broaden experience, widen perspective, deepen expertise and language proficiency, and amplify leadership and adaptive capacity. Employees should use assignments and training opportunities to challenge themselves and to integrate competencies and skill sets for positions of greater responsibility irrespective of rank or grade.

The PDP has four principles that an officer must develop and demonstrate over the course of his or her career, from entry through tenure and up to consideration for promotion at the Senior Threshold. Officers considered for entry into the Senior Foreign Service should demonstrate:

1) Operational effectiveness, including a breadth of experience over several regions and functions;

2) Leadership and management effectiveness;

3) Professional language proficiency; and

4) Responsiveness to Service needs.

 

OPERATIONAL EFFECTIVENESS

Mandatory Requirement | A minimum of 15 years in the Foreign Service, to include service in a mix of completed domestic and overseas assignments with demonstrated regional and substantive expertise, including service in two separate bureaus after tenure. Those entering the Foreign Service after January 1, 2017, must serve at least one tour in a global affairs bureau or in a global affairs position.

(Note: Superhard language training held in-region may be counted toward regional expertise. “Domestic assignments” refers to Department positions in Washington and elsewhere in the United States, not details or long-term training.)

Mandatory Requirement: Completing one of the following two electives

1) Professional Development (one tour/one academic year, cumulative, after tenure). Such assignments would be drawn from the annual list of training opportunities and details managed by the HR Bureau’s Professional Development Unit (HR/CDA/PDU), including long-term training opportunities such as Senior Training programs at the War Colleges; academic study; Transatlantic Diplomatic Fellowships; Commands and Staff Colleges; Inter-American Defense College; National Intelligence University; and details such as NSC; DHS; Pearson Fellowships; USTR; Treasury; and USTDA.

2) Out-of-Cone Assignment (one year, after tenure). Such assignments would include a position with a skill code other than your primary skill code.

 

LEADERSHIP EFFECTIVENESS

Mandatory Requirement | Significant and substantial leadership responsibility (one tour, after tenure). Such assignments would include positions that assign work, develop and set priorities, counsel employees, evaluate performances, resolve disputes, effect minor disciplinary measures, interview and recommend candidates for positions within a unit, and supervise other employees who perform such responsibilities. Positions such as Deputy Chief of Mission, section heads, unit chiefs, and office (or deputy office) director positions could be examples of positions that fulfill this requirement. Leadership effectiveness entails executing and achieving policy and programmatic results through people.

Mandatory Requirement | In accordance with the Procedural Precepts, FS-03s must complete Basic Leadership Skills (PK245) for promotion to FS-02; FS-02s must complete Intermediate Leadership Skills (PT207) for promotion to FS-01; and FS-01s must complete Advanced Leadership Skills (PT210) for promotion into the SFS.

(Related post: Burn Bag: Does @StateDept Really Care About Leadership Training?)

 

LANGUAGE PROFICIENCY

Mandatory Requirement | One language at the 3/3 level (or at the 3/2 level for a hard or superhard language) tested after tenure, or one language at the 4/4 level (tested either before or after tenure).

 

SERVICE NEEDS

Mandatory Requirement | A completed tour at a 25% or greater hardship differential post from entry into the Foreign Service OR a completed tour at an unaccompanied post from entry into the Foreign Service AND

Another completed tour at a 20% or greater hardship differential post after tenure.

Note: The standard definitions for “tour completion” apply:

10 months for a 12-month TOD

20 months for a 24-month TOD

30 months for a 36-month TOD

 

The term ‘global affairs bureau’ means any bureau of the Department that is under the following —

  •  Under Secretary for Economic Growth, Energy, and Environment (E);
  • Under Secretary for Arms Control and International Security Affairs (T);
  • Under Secretary for Management (M);
  • Assistant Secretary for International Organization Affairs (IO);
  • Under Secretary for Public Diplomacy and Public Affairs (R); or
  • Under Secretary for Civilian, Security, Democracy, and Human Rights (J)

Global affairs positions refers to diplomatic policy and support: components funded under this category are the bureaus and offices of the following:

  • Administration;
  • Arms Control, Verification and Compliance;
  • Budget and Planning;
  • Chief of Protocol;
  • Comptroller and Global Financial Services;
  • Democracy, Human Rights, and Labor;
  • Economic and Business Affairs;
  • Energy Resources;
  • Information Resource Management;
  • Intelligence and Research;
  • International Criminal Justice;
  • International Security and Nonproliferation;
  • Legal Adviser;
  • Legislative Affairs;
  • Oceans and International Environmental and Scientific Affairs;
  • Political-Military Affairs; Population and International Migration;
  • Public Affairs;
  • Secretary of State;
  • Under Secretary for Management;
  • Office to Monitor and Combat Trafficking in Persons.

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@StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case

Posted: 3:40 am ET

 

For those attending the event, here are a few items to read though this is not an exhaustive list. Help us ask these presenters questions that State/PA and State/DS have long ignored:

While we are on the subject, let us revisit a classic case of sexual harassment, where the State Department, specifically one of the presenting offices in the January 11 session had determined that “the alleged acts of sexual harassment did not occur” only to be reversed by the EEOC.

On January 4, 2012, Complainant filed Complaint 24 alleging that the Agency discriminated against her based on her national origin (Arabic/Iraqi), sex (female), religion (Christian), color, and in reprisal for prior protected EEO activity under Title VII when:

3. Her teaching contract was not renewed after August 5, 2011;

4. She was subjected to a hostile work environment characterized by, but not limited to, name calling and sharing an office.  She specifically asserted that since her conversion to Christianity, she was taunted by her Iraqi colleagues, who called her a “peasant,” a “prostitute,” a “bitch,’ and a “daughter of a dog.” She asserted further that she had been told that she had “sold her religion” and had a shoe thrown at her.  Complainant further asserted that she had been the victim of an unsolicited sexual overture by a colleague; and

5. On September 23, 2011, she was not selected for a full time teaching position.

The Agency completed its initial investigation on Complaint 1 in November 2012.  It did not complete an investigation on Complaint 2.  On Complaint 2, according to the Agency, Complainant did not submit an affidavit for the investigation.  Around that time – on March 14, 2013 – Complainant signed forms withdrawing Complaints 1 and 2.5  The Agency ceased processing Complaint 2, but went ahead and issued a FAD on Complaint 1 on May 13, 2013.

In its FAD, the Agency found no discrimination on Complaint 1.  Complainant filed an appeal.  On appeal, the Agency did not note that Complainant previously withdrew her complaint.

In EEOC Appeal No. 0120132236 (May 16, 2014), we recounted that Complainant was provided the right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge, but there was no evidence she did so.  We reversed the FAD on the ground that the investigation was inadequate.  Unaware that that Complainant withdrew Complaints 1 and 2, we ordered the Agency to do a supplemental investigation and to consolidate Complaint 2 with Complaint 1 if the Agency was still processing Complaint 2 and had not yet issued a final decision thereon.

In its request for reconsider EEOC Appeal No. 0120132236, the Agency argued that it issued its FAD on Complaint 1 in error, and that Complainant previously withdrew Complaints 1 and 2.  It submitted a copy of its letter to the EEOC compliance officer about the withdrawal of Complaint 1, and Complainant’s signed withdrawals.  We denied the request on the ground that it was untimely filed, and repeated our order in EEOC Appeal No. 0120132236.

Following a supplemental investigation on Complaint 1, the Agency issued a new FAD finding no discrimination therein.  The Agency found that Complainant was not denied the opportunity to attend training and to proctor tests, and the alleged acts of sexual harassment did not occur.  The Agency recounted that it ceased processing Complaint 2 after she withdrew it.6

The EEOC’s decision says that the “Complainant was not subjected to discrimination regarding issue 2” but it determined that “Complainant was subjected to discrimination based on her sex regarding issue 1 – sexual harassment.”

This case which was filed in 2010 was decided by the EEOC on July 7, 2016. Six years. The State Department was ordered to take the following remedial actions within 150 days after the decision became final, and was directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the agency’s calculation of back pay and other benefits due complainant, including evidence that the corrective action has been implemented.”

1. The Agency is directed to conduct training at FSI, School of Language Studies for all management and staff in the Arabic Section.  The training shall focus on how to identify and prevent sexual harassment connected with employment.14

2.  If S2 is still employed with the Agency, it shall consider taking disciplinary action against him.  The Agency shall report its decision.  If the Agency decides to take disciplinary action, it shall identify the action taken.  If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline.

3.  The Agency shall gather evidence on compensatory damages, including providing Complainant an opportunity to submit evidence of her pecuniary and non-pecuniary damages regarding being sexually harassed.  For guidance on what evidence is necessary to prove pecuniary and non-pecuniary damages, the parties are directed to EEOC Enforcement Guidance: Compensatory and Punitive Damages Available Under § 102 of the Civil Rights Act of 1991 (July 14, 1992) (available at eeoc.gov.)  Thereafter, the Agency shall calculate damages, pay Complainant any damages awarded, and issue a new FAD on damages appealable to the Commission.

The State Department was also directed to post the EEOC order:

The Agency is ordered to post at its Foreign Service Institute, School of Language Studies copies of the attached notice.  Copies of the notice, after being signed by the Agency’s duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision becomes final, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted.  The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material.  The original signed notice is to be submitted to the Compliance Officer at the address cited in the paragraph entitled “Implementation of the Commission’s Decision,” within 10 calendar days of the expiration of the posting period.

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