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Tillerson Updates @StateDept Employees on Reorganization, He’s Got One Glaring Problem

Posted: 2:07 am ET

 

On Wednesday, Secretary Tillerson sent out a message to State Department employees with an update on the progress of his redesign effort. The message talks about modernizing an outdated IT system, flexible work programs, and increasing “the level of EFMs.”

“This week we are submitting to the Office of Management and Budget an Agency Reform Plan with specific recommendations for improving our respective organizations. For example, we know a priority for us is to modernize an outdated IT system, so we’re taking major steps toward putting our systems on the cloud. We know you have families, so we’re also exploring options for flexible work programs. In addition, Eligible Family Members are an important part of supporting efficient delivery on our mission, so we’re making provisions in some cases to increase the level of EFMs. Our working groups have also identified areas where we can improve our human resource functions, empower leadership at all levels, and improve management support services to reduce redundancies while ensuring you have the tools you need to do your job.”

Wait, does Tillerson  really mean “increase the level of EFMs” … because this should be interesting for single folks?  Or does he mean the level of EFM “jobs” but avoids actually mentioning the magic word?

It’s vague enough, it makes one both perplexed and excited!

His message also talks about “ambitious proposals” with “a minimum deliverable of 10 percent ($5B) in efficiencies relative to current (FY2017) spending over the next five years.” And get this — “an aspirational general interest target of up to 20 percent ($10B).” Wow! What does that look like? We’re definitely interested.

“Our redesign plan seeks to align State and USAID foreign assistance and policy strategies, capabilities, and resources to execute foreign policy priorities more effectively. It includes seven ambitious proposals with investments that will generate a minimum deliverable of 10 percent ($5B) in efficiencies relative to current (FY2017) spending over the next five years, with an aspirational general interest target of up to 20 percent ($10B). These efficiencies enabled by modernized systems and work processes will adjust the current historically high spending level by reducing duplications and unnecessary overhead for State, USAID, and other agencies. Adopting these recommendations that you expressed your hope for in the listening sessions will allow us to better focus on our core policy priorities and programs. It will also lay the groundwork for additional efficiencies and improvements in later years.”

This past week, we’ve seen the Senate Appropriations bill that includes mandatory notifications and consultations with the subcommittee on the proposed changes at the State Department. That same bill also requires the Government Accountability Office and Department of State and USAID Inspectors General (IG) to review the redesign plans (see Senate Appropriations Subcommittee Approves FY2018 State & Foreign Ops Appropriations Bill). On September 12, the House Foreign Affairs Committee wrote to OMB specifically asking OMB Director Mick Mulvaney for a briefing on the role he intend to play in the redesign at the State Department.  We have these in mind when Secretary Tillerson says this in his message to employees:

“In the weeks ahead, we will continue to develop and advance other recommendations. Some will require Congressional approval or a change in law, some will require OMB support, but there are a number of actions we can begin to undertake internally. Some examples that we’ve already started on include integrating certain Special Envoy offices into the bureau structures and efforts to increase diversity in our workforce. You should expect to see results unveiled on a rolling basis. Once a solution is ready to go, we are going to put it to work as soon as we can. We will continue to ask for input and consult with you and other stakeholders – including Congress – as we move forward.”

Also this:

“Your participation is essential to a successful redesign. As the process continues there will be more opportunities to give your input and be a part of the various execution teams as we move toward implementation. We will be asking for volunteers through the portal, and I encourage you to sign up to add your skills and talents to our effort.”

Tillerson has a problem, and it goes to the heart of his redesign efforts.  Since employee participation is “essential” to a successful redesign, it is particularly troubling that he has not directly engaged with his employees during the redesign effort in the most transparent way. He gave a couple of speeches but took no questions.  The Sounding Board, the Secretary’s Employee Forum was shut down in August 31. Employees can still submit ideas reportedly through the “redesign portal” but the secretary of state who is the chief sponsor of this reorganization has not given employees the opportunity to ask him questions.

Folks are talking – in the cafeteria, in water coolers, in rest rooms, in online forums, etc. etc. but they have not had the opportunity for an honest, two-way conversation about this reorganization with Secretary Tillerson . His paid consultants forgot to advise him that “if honest conversation stays private, the public conversation will be unreal, and ultimately discouraging.”

That’s from management consultant, Peter Block which seems appropriate as the State Department prepares for the implementation phase of its redesign. Here’s one more:

“There will be no forward movement until the staff in turn has the opportunity to challenge management. Providing public space for this to happen is the first step in shifting a culture, in implementing a change.”

 

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What’s That Sound? That’s AFSA Drilling a Hole In Search of Its Missing Backbone

Posted: 2:14 pm PT

 

Via Politico: Barbara Stephenson, the president of the American Foreign Service Association, the diplomats’ union: “America’s leadership is being challenged by adversaries who would like to see us fail. We cannot let that happen,” she said. “With all the threats facing our nation, we need a properly resourced and staffed Foreign Service more than ever, and we need them where they do the most good—posted abroad, delivering for the American people.”

AFSA on Twitter:

–Nine in 10 Americans support strong American global leadership. (1/5)
— That’s unthinkable without a strong/professional FS deployed around the world protecting/defending our people, interests & values. (2/5)
— America’s leadership is being challenged by adversaries who would like to see us fail. We cannot let that happen. (3/5)
— With all the threats facing our nation, we need a properly resourced and staffed Foreign Service more than ever (4/5)
— and we need them where they do the most good—posted abroad, delivering for the American people. (5/5)

AFSA added “At this point, President Trump’s ambassadorial nominees have taken an average of 42 days to be confirmed. (GW Bush 62 days, Obama 101 days.)”

Heard anything yet from Secretary Tillerson? From Deputy Secretary Sullivan?

O.K.

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Why Tillerson Not Sullivan Needs the Town Hall: Morale Is Bad, “S” is Accountable

Posted: 3:01 pm PT

 

On August 8, while Secretary Tillerson remains on travel (seen in Thailand with Foreign Minister Pramudwinai in Bangkok), Deputy Secretary John Sullivan had a town hall with employees at the State Department.

According to Politico, the State Department’s No. 2 official assured staffers Tuesday that plans to restructure the department would take their concerns into full account, comparing the coming changes to U.S. military reforms following the Vietnam War. The report notes that his “reference to post-Vietnam reforms in the U.S. military suggests major changes are afoot; the military saw major changes in organization, doctrine, personnel policy, equipment and training.”

While it certainly is a good development that employees were able to hear directly from the deputy secretary and he did take and answer questions, we remain convinced that Secretary Tillerson himself needs to do the town hall, not his deputy. Secretary Tillerson often talks about accountability as one of his three core values, one that he asked his employees to adopt.

Well, morale is bad. And S is accountable. Folks need to see him and hear him address their concerns.

Had Secretary Tillerson and his inner circle expended the necessary time and energy to get to know the building and its people during the transition before jumping into reorganization, they would not be battling bad press every day six months into Tillerson’s tenure.

Politico also reported that toward the end of the town hall, Mr. Sullivan “urge State staffers not to believe everything they read in the press about what is happening in the agency.” 

Okay! So that’s funny.

This was going to be our one post on the town hall, but we saw that Mr. Sullivan had now given an on-the-record briefing to members of the press regarding his town hall. So, we will do a separate post dedicated to Mr. Sullivan’s town hall.  While still working on that, we have three points to make quickly.

One, the press did not invent these stories. State Department folks in and out of service are talking to media outlets. We’ve never seen these many sources talking to the press in all the years that we’ve covered Foggy Bottom. The press reports these stories, of course, some with less restraint than others, and some without context; that’s just a couple of the complaints we’re heard. Is this healthy for an organization that is already undergoing stresses brought about by the re-organization? Obviously not. And Foggy Bottom is practically a rumor machine these days.  But there’s a reason for that.  If folks are talking, that’s because management is not doing a good job communicating with the employees. Heck, we have more folks reading this blog this year, and it’s not because we’re irresistibly entertaining.

(Hello to our 500,000th visitor this year! We’re glad to see you here!)

Two, there’s a lot that the Tillerson Front Office is doing that we don’t understand. And that’s okay, we’re not privy to their thinking or their plans. And since the State Department’s Public Affairs shop has put us on its shit list (you know, for laughing out loud during April Fools’), there’s no way to get an official word from the Building.  If we’re using our own resources without official comments from Foggy Bottom to help explain whatever it is they’re doing, just know that we did not ask them to put us on their shit list. That was perfectly voluntary on their part.

So anyway, when people — who have dedicated their lives to this organization for years, who have gone through other transitions and survived, who have served under Democratic and Republican administrations and supported the policies of those administrations when they were in office (as they’ve affirmed when they were appointed to these jobs) — when those folks throw up their arms in frustration and distress, and they, too, do not understand, then we have to sit up and pay attention. It doesn’t help that Secretary Tillerson and his immediate people, when they do talk uses descriptions of what they’re doing as if they’re in an alternate universe. “No preconceived notions,” “employee-led reorganization” “no chaos” — we do not need to be a genius to recognize that those are talking points intended to shape their preferred narrative.

Three, the notion that Secretary Tillerson and his people arrived at Foggy Bottom where everything is broken, and they are there to fix it is kinda funny.  They did not know what they did not know, but that did not deter them from doing stuff, which broke more stuff. Perhaps the most substantial reinvention of the State Department in modern times, about systems, and work, and people, happened during Colin Powell’s tenure. That happened because 1) Powell was wise enough to recognize the value of the career corps; and 2) he brought in people who were professionals, who knew how to work with people, and — let’s just say this out loud — people who did not have atrocious manners.

When Secretary Powell showed up in Foggy Bottom in January 2001, he told State Department employees, “I am not coming in just to be the foreign policy adviser to the President,… I’m coming in as the leader and the manager of this Department.”  The building and its people followed Secretary Powell’s lead because they could see that his actions were aligned with his words. And of course, Secretary Powell did not start his tenure by treating career people with 30-year service like trash by giving them 48 hours to clear out their desks.

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A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

Posted: 2:26 am ET

 

We recently received information from an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States.  She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

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On the subject of sexual assaults, on July 27, 2017, the State Department issued a new Foreign Affairs Manual subchapter 3 FAM 1750 on sexual assaults involving personnel and facilities in the United States. (For sexual assault involving chief-of-mission personnel and facilities outside of the United States see 3 FAM 1710).

3 FAM 1750:  “… The Department of State is determined to do all it can to prevent sexual assault from being committed by, or against, its personnel and it is committed to effectively and sensitively responding to personnel who have been sexually assaulted, ensuring that they are treated with care and respect.  The policies and procedures in this section define the Department’s goals of effectively preventing and addressing sexual assaults; the actions it will take in response to allegations of sexual assault; and the approach it will use in holding those Department personnel who commit sexual assault accountable for their actions.  The language used in this FAM, by necessity, must be technical, comport with and relate to relevant laws, and be administratively sound.  That said, the legal terminology, including the term “victim,” contained herein should not eclipse the compassion and urgency that underlie the Department’s commitment to this issue.”

The new regs notes that “sexual assaults that occur within the United States generally fall under the jurisdiction of the State or locality where the assault occurred.  Personnel who are victims of sexual assault are not under any obligation to report the assault to the Department.”

This new policy applies to:

(1)  All Department employees in the United States;

(2)  Persons under personal-services contracts (PSCs) or personal-services agreements (PSAs) in the United States;

(3)  Other individuals, such as third-party contractors, student volunteers (interns) and nonemployee fellows, and other personnel (e.g., subcontractors) in the United States who provide services to the State Department when the allegation involves conduct that occurs on duty, or is associated with the individual’s position within the Department; and

(4)  Any sexual assault that occurs at any Department facility within the United States.

The victims described above may also reach out to:

(a)  Diplomatic Security’s Office of Special Investigations (DS/DO/OSI) via telephone at 571-345-3146 or via email at DS-OSIDutyAgent@state.gov.  The DS/DO/OSI duty agents are available 24 hours a day, 7 days a week;

(b)  Employee Consultation Services (ECS) by email:  MEDECS@state.gov or by telephone at 703-812-2257; and

(c)  A sexual-assault crisis center.

The regs says that “personnel who are victims of sexual assault are not/not under any obligation to report the assault to the Department.”  The Department, however, “strongly encourages” anyone who knows or suspects or is aware of a sexual assault covered by 3 FAM 1750 to immediately report allegations of sexual assault to:

(1)  DS/DO/OSI via email DS-OSIDutyAgent@state.gov or via phone through the DS Command Center at 571-345-3146; or

(2)  S/OCR or via phone at 202-647-9295 (WHY?)

(3)  MED personnel will not share protected health information except in accordance with the Notice of Privacy Practices or with the written consent of the patient.  Individuals may obtain a copy of the MED Notice of Privacy Practices from the health unit or MED intranet page.

(4) Except as required by law, non-MED personnel will only disclose information about sexual assaults to other Department officers and employees on a need-to-know basis, including to the Office of Inspector General (OIG) in accordance with 22 U.S.C. 3929, and to other Federal and local agencies, in accordance with the Privacy Act.

3 FAM 1750 says that Department personnel detailed to another agency may reach out to the Washington, DC-based Bureau of Medical Services (MED) duty officer at 202-262-9013 or through the Operations Center at 202-647-1512 for medical guidance, and to DS/DO/OSI for law enforcement guidance.

A few thoughts on this:

#1.  We understand the caveats on information sharing with medical, and non-medical personnel included in this subchapter  but we don’t think this is enough to assuage the privacy concerns of victims.

#2. DOD has restricted (confidential) and unrestricted reporting for victims. That means the adult sexual assault victim can access healthcare, advocacy services, and legal services without triggering notification to command or law enforcement (restricted). Under Unrestricted Reporting, both the command and law enforcement are notified. Even then, fewer than 1 in 5 victims openly reported their sexual assault. 3,678 service members reported the incident to law enforcement, out of a total 20,000 survivors.

#3. S/OCR handles equal employment opportunity issues including sexual harassment, why should sexual assault victims report sexual assault or sexual assault allegations there? 3 FAM 1711.2 defines sexual assault as any type of sexual contact that occurs without the explicit consent of the recipient.It also says that sexual assault is a form of sexual harassment. Sexual assault is a crime, it cannot be resolved through mediation, grievance, or the EEO processes. Also does anyone know how many people at S/OCR are trained to actually handle sexual assault cases?

The U.S. Marines publication make the distinction between sexual harassment and sexual assault here (PDF). It defines sexual harassment as a form of sex discrimination that involves unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature. It defines sexual assault as intentional sexual contact, characterized by use of force, threats, intimidation, abuse of authority or when a victim cannot or does not consent.  And this one is important, “A current or previous dating relationship by itself or the manner of dress of the person involved with the accused in the sexual conduct at issue shall not constitute consent.”  

The U.S. Coast Guard says that the real distinction between sexual harassment and sexual assault is sexual harassment’s connection to the victim’s employment and/or work performance, which is why sexual harassment is a civil rights issue. It points out that sexual assault is a crime against another person. However, unlike sexual harassment, it has nothing to do with their employment and/or work performance, it is a criminal assault, of a sexual nature, against another person.

The State Department guidance does not/not make such distinctions.

#4.  States all address the crime of sexual assault, with some adding specific categories of victims, defenses, and penalties. See more here: http://statelaws.findlaw.com/criminal-laws/sexual-assault.html.

RAINN also has a search tool for independent sexual assault service providers, including National Sexual Assault Hotline affiliate organizations and other local providers here.

 

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Results of @StateDept $1M Organizational Study Reportedly Available via Intranet Today – Yay!

Posted: 3:28 am ET

 

The results of the Insigniam survey that was commissioned by the State Department under Secretary Tillerson will reportedly be made available on the Intranet on Wednesday, July 5.  See WSJ’s Felicia Schwartz report below. We’re not sure if the State Department is releasing the full report or a summary report to employees on Wednesday, but be in a lookout for a 110-page report which supposedly includes feedback from 35,386 employees from State and USAID and 300 employee in-person or telephonic interviews.

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Inbox: A belief that there’s no place for a female in Diplomatic Security agent ranks especially at HTPs?

Posted: 3:24 am ET

 

We recently posted a report out of Diplomatic Security’s BSAC training (see Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!, We received the following comment in our mailbox that we think many will find just as troubling:

“In response to the DS BSAC Sexual Harassment allegations, the  ‘militarization’ of DS post-Benghazi, such as with high threat training requirements (duplicated from U.S. military training), has made many mid and senior-level male agents believe that there is no place for a female in DS agent ranks, especially at high threat posts. These same male agents are the future DS leadership unfortunately. The vast majority of DSS male agents are professional and respectful in the workplace however the chauvinistic attitude is prevalent, and is actually coming from the attitude from the mid and senior level guys (01s to OCs) who are managers and not DS leadership.  DS leadership is responsible to stop it, and that can only be done by setting the offenders publicly accountable and placing professional agents in senior leadership positions.”

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A Global Force: Agent Profile brochure says that “For women who choose Diplomatic Security as a career, there are no limits to how far you can go.”  Also that “Diversity is one of the greatest strengths of Diplomatic Security.”  

Related posts:

Diplomatic Security’s Basic Special Agent (BSAC) Training: Sexual Harassment Alert!

Posted: 2:21 pm PT

 

In August 2016, the Bureau of Diplomatic Security’s Principal Deputy Assistant Secretary for Diplomatic Security and Director of the Diplomatic Security Service (DSS) Bill Miller sent a message on sexual harassment to bureau employees.  We published the entire message here, Below is an excerpt of that 2016 statement:

Diplomatic Security takes sexual harassment extremely seriously – not only as an issue in the State Department, but also especially within our Bureau. 

In our response to questions from Diplopundit on this issue July 27, we noted that we find unacceptable any behavior that threatens people’s well-being in the workplace, or in any way diminishes someone’s professional capacity. 

Sexual harassment is an attack on the values this organization seeks to protect every day.  It compromises our charge to protect the workplace rights and ensure a safe environment for all Department employees.
[…]
As a law enforcement organization, we must hold ourselves to the highest standards of ethical conduct. As the leader of this organization, I hold every employee accountable to that standard and will not accept any less of them.

Sexual harassment and sexual assault are serious issues that affect both men and women. We condemn any comment that seeks to trivialize these activities or their impact on victims. 

Diplomatic Security personnel are made aware of their responsibilities as law enforcement officers and federal employees from the beginning of their employment with the Department.  DS employees receive recurring training on equal employment opportunity guidelines, prohibiting discriminatory practices, harassment in all its forms, and promotion of diversity and inclusiveness throughout their career. 

During the Basic Special Agent Course, Basic Regional Security Officer (RSO) and RSO advanced courses, individuals from the DS Victim’s Resource Advocacy Program provide classes on responding to sexual assault.

I am disappointed and disturbed to hear that anyone in our organization would be concerned about being stigmatized for coming forward to report sexual harassment or sexual assault.  It is unacceptable that we have employees of any gender who may not feel comfortable reporting such activities.

This week, we received an email from a new Diplomatic Security Service (DSS) agent detailing sexual language that female student-agents had to endure during Diplomatic Security’s Basic Special Agent Course (BSAC) training. The writer expressed concern over the “worrisome behavior by senior agents conducting the training” and the apparent tolerance by others witnessing such behavior.  The writer also wrote: “One senior female agent advised me that upon receipt of this complaint, DSS Management’s first response will likely be to try to figure out who the “complainer” is . . rather than dealing with the senior agents responsible for damaging the department’s reputation.”  Our corespondent suggests that if investigators outside of Diplomatic Security want to look into this, all they need to do is talk to the female agents in BSAC’s 137, 136, and 135.

The report below is what we can share publicly.  This writer like our other correspondents in the past, is also wary of retaliation.  We’ve referred to Special Agent #1 as SA#1 although we can certainly imagine a more colorful name. Special Agent #2 is also referred below as SA#2.

ALERT! ALERT! ALEEEEERT!

Received via email from a DSS Special Agent

-START-

Here is what I witnessed:

1) During protective training, I was assigned to a follow car that was “coached” by [Special Agent #1]. During our time with [SA#1], myself and the other females in the group had to listen to [SA#1] describe in detail how during his time in Baghdad he shaved his “balls” and had problems with them “sticking.” [SA#1] then felt it appropriate to detail a trip to his doctor where he had a consultation about erectile medication. [SA#1] also made repeated derogatory comments about his wife. My memory is a little fuzzy on those comments, but they were along the line of, “the old ball and chain, etc.”

I should mention that one of the female agents present is only 22 years old. So this young agent, in her first real job out of college had to sit (literally right next to [SA#1] in the back seat / physically touching him) and listen to [SA#1] , her supervisor, go on and on about his sticky balls in Baghdad and his erectile disfunction . . .i.e. he was discussing his penis.

2) The protection portion of the training was run by unit chief [Special Agent #2]. I personally was “creeped” out by [SA#2] during the entire training as he would try to flirt with the female students in a very unprofessional manner. [SA#2] really crossed the line, however, when for some reason he decided to ask one of the female students (now an agent) for their phone and proceeded to look through it. [SA#2] found the phone number or a text message in the female student-agent’s phone for one of the male contractors working on our final exercise, and texted “I miss you” to the contractor (from the female student/agent’s phone). The female student/agent was of course mortified as it appeared she was texting “I miss you” to the contractor. Is this appropriate behavior from a Unit Supervisor in the training division?!

[SA#2’s] inappropriate behavior continued when, during a re-test he decided to switch out a male student-agent from the position sitting next to him in the exercise to the above mentioned female student-agent. [SA#2] advised the entire BSAC that he was making the switch so he could have someone to “talk to.” He was supposed to be grading the re-test, but instead decided to use the time to creepily attempt to flirt with the female student-agent.

I am sure the above behavior by [SAs #1 and #2] has been repeated in multiple BSAC’s and I hope the department conducts a thorough investigation. Honestly, however, I am not so optimistic that things will change. I know Diplopundit has documented several such sexual harassment claims in the not so distant past, and yet, the above Supervisory SAs seemed to have no compunction in openly behaving this way in front of the 20 plus student-agents!

Where are the Director and the other senior members of DSS management?!! If they cannot protect/prevent a 21 year female agent from having to listen to Supervisory SAs like [SA#1 and SA#2] while she sits in training, how can DSS Senior Management be trusted to protect that same agent from harassment while she is serving in a high threat post in a 98% male RSO shop?!

The Director came to speak to our BSAC, and within 3 minutes of our “pep” talk he told us that if we had joined DSS to use it as a stepping stone we should “get the hell out.” That is a direct quote. One day on the job, and the Director comes in and says “get the hell out” in a pep talk. I would like to turn that around on the Director. If the senior leadership in DSS cannot prevent Supervisory Agents from “creeping out” all females in a BSAC class. Or prevent female student-agents from having to listen to Supervisory SA’s conducting BSAC training discuss their “shaved balls,” maybe it is time for the Director and others to “get the hell out” and leave the bureau in more capable hands?

-END-

The Eleventh Circuit’s decision in Henson v. City of Dundee, 682 F.2d 897, 902, 29 EPD ¶ 32,993 (11th Cir. 1982) notes the following:

Sexual harassment which creates a hostile or offensive environment for members of one sex is every bit the arbitrary barrier to sexual equality at the workplace that racial harassment is to racial equality. Surely, a requirement that a man or woman run a gauntlet of sexual abuse in return for the privilege of being allowed to work and made a living can be as demeaning and disconcerting as the harshest of racial epithets.

Female agents should not have to bear and tolerate this kind of language and offensive behavior for the privilege of being allowed to work at Diplomatic Security.

Why would anyone think this is appropriate, acceptable behavior?

And when this is done by individuals in supervisory ranks during training, how do you expect new employees to step up and report this to these same supervisors? The same supervisors, by the way, who can pass/fail employees during basic training. The same supervisors, by the way, who ought to be modeling the highest standards of ethical and professional conduct for agents-in-training.

While the EEOC policy guidance on sexual harassment notes that “sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment,” it also talks about the pervasiveness and pattern of behavior.

Putting aside our previous reports on harassment at Diplomatic Security for a moment — if we’re talking about three classes to start with here, what is that if not a pattern? And if this behavior was witnessed and tolerated by people and contractors who should know better, then Diplomatic Security has a systemic problem that no broadcast message from bureau officials can fix.

The Supreme Court said in Vinson that for sexual harassment to violate Title VII, it must be “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.'” 106 S. Ct. at 2406 (quoting Henson v. City of Dundee, 682 F.2d at 904. Since “hostile environment’ harassment takes a variety of forms, many factors may affect this determination, including: (1) whether the conduct was verbal or physical, or both; (2) how frequently it was repeated; (3) whether the conduct was hostile and patently offensive; (4) whether the alleged harasser was a co-worker or a supervisor; (5) whether the others joined in perpetrating the harassment; and (6) whether the harassment was directed at more than one individual.

In determining whether unwelcome sexual conduct rises to the level of a “hostile environment” in violation of Title VII, the central inquiry is whether the conduct “unreasonably interfer[es] with an individual’s work performance” or creates “an intimidating, hostile, or offensive working environment.” 29 C.F.R. § 1604.11(a)(3). Thus, sexual flirtation or innuendo, even vulgar language that is trivial or merely annoying, would probably not establish a hostile environment.

Preventive actions per EEOC‘S Guidelines encourage employers to: “take all steps necessary to prevent sexual harassment from occurring, such as affirmatively raising the subject, expressing strong disapproval, developing appropriate sanctions, informing employees of their right to raise and how to raise the issue of harassment under Title VII, and developing methods to sensitize all concerned.”

Also 29 C.F.R. § 1604.11(f): An effective preventive program should include an explicit policy against sexual harassment that is clearly and regularly communicated to employees and effectively implemented. The employer should affirmatively raise the subject with all supervisory and non- supervisory employees, express strong disapproval, and explain the sanctions for harassment. The employer should also have a procedure for resolving sexual harassment complaints. The procedure should be designed to “encourage victims of harassment to come forward” and should not require a victim to complain first to the offending supervisor. See Vinson, 106 S. Ct. at 2408. It should ensure confidentiality as much as possible and provide effective remedies, including protection of victims and witnesses against retaliation.

All well and good, but in the real world we have these: Chien v. Kerry: DS Agent Files Suit For Race/Sex Discrimination, Hostile Work Environment, and RetaliationInbox: Female Diplomatic Security Agent Pens a Note on Sexual Harassment and Career SuicideAnother Concerned DS Agent Pens Response to Diplomatic Security’s Broadcast Message on Sexual Harassment.

The State Department’s sexual harassment policy is memorialized here.

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@StateDept Requires Insigniam to Provide Summary Report of Poignant Themes, Patterns, and Sentiments

Posted: 3:55 am ET

 

On May 9, we blogged about the State Department’s Insigniam contract awarded in late April (see @StateDept’s $1,086,250 Organizational Study: Multiple Contractors Interviewed But Only 1 Offer?). Last Friday, May 19, the State Department finally posted a two-page JUSTIFICATION AND APPROVAL FOR OTHER THAN FULL AND OPEN COMPETITION FAR Part 6.302-2 for the contract.

The J&A requires Insigniam to “provide the U.S. Department of State with a summary report of the poignant themes, patterns, and sentiments of the people of the Department of State and USAID regarding both organizations, State’s and USAID’s ability to fulfill its mission, and proposals and suggestions for how to improve the organizations and how each does their work.”

It also says that the contractor “shall use listening sessions in the forms of verbal interviews and online surveys to gather data on aspects of the Department and USAID such as workforce culture, technologies used, and where the work gets done. The study shall be expedited, and shall proceed without preconceived notions of the optimal end state for a high performing agency, or its associated staffing level.”

The J&A also notes that “a synopsis of the proposed contract actions will not be posted as authorized by the exception stated in FAR 5.202(b), in that after consultation with the Administrator –Federal Procurement Policy and the Administrator-SBA, advance notice is determined to be inappropriate and unreasonable.”

Excerpt from the J&A:

Identification of the agency and the contracting activity:

In accordance with Federal Acquisition Regulation (FAR) 6.302-2 in accordance with 41 the authority of 41 U.S.C. 253(c)(2), the Office of Acquisition Management proposes to award a Sole Source Contract to INSIGNIAM LLC to assist the Department in complying with the requirements of The Office of Management and Budget (OMB) issued a memorandum on April 12, 2017, entitled “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” (M-17-22

The period of Performance for this effort is less than one year and the estimated value will not exceed $850,000 plus certain international travel expenses for the post visit.

A description of the supplies or services required to meet the agency’s needs:

The Department of State, the first Cabinet level agency, has a presence in over 160 countries around the globe, staffed by political appointees and members of the Foreign Service, Civil Service, and Locally Engaged Staff serving domestically and abroad at over 200 Embassies and consulates. Together with the U.S. Agency for International Development (USAID), the Department seeks to fulfill its mission in an efficient and effective manner. With a combination of over 85,000 employees and locally engaged staff, the organizations are large and complex.

The Office of Management and Budget (OMB) issued a memorandum on April 12, 2017, entitled “Comprehensive Plan for Reforming the Federal Government and Reducing the Federal Civilian Workforce,” (M-17-22), which requires all agencies to, among other things, begin taking immediate actions to develop an agency reform plan. This plan, the first draft of which is due to OMB on June 30, requires proposals to identify how to improve the efficiency, effectiveness, and accountability of the agency, focusing on fundamental scoping questions and on improvements to existing business processes.

Before determining what improvements to make or what activities to eliminate, as required by OMB, data must be collected to understand the range of activities and functions currently performed throughout the Department. The Department aims to have this data collected from a wide swath of the Department community so that all groups of community members are represented. The collection and presentation of the data will inform the new Department leadership of the current structure, culture, and workflow.

The contractor shall provide the U.S. Department of State with a summary report of the poignant themes, patterns, and sentiments of the people of the Department of State and USAID regarding both organizations, State’s and USAID’s ability to fulfill its mission, and proposals and suggestions for how to improve the organizations and how each does their work. The contractor shall use listening sessions in the forms of verbal interviews and online surveys to gather data on aspects of the Department and USAID such as workforce culture, technologies used, and where the work gets done. The study shall be expedited, and shall proceed without preconceived notions of the optimal end state for a high performing agency, or its associated staffing level.

☒ Urgency
Exclusive Licensing Agreement
Brand-Name

☒ Other information to support a sole-source buy:

OMB has mandated the first draft of which is due to OMB on June 30, requires proposals to identify how to improve the efficiency, effectiveness, and accountability of the agency, focusing on fundamental scoping questions and on improvements to existing business processes. The complexity involved with required information gathering as well as the development and coordination of the report does not allow for sufficient time to solicit for the necessary services.

A synopsis of the proposed contract actions will not be posted as authorized by the exception stated in FAR 5.202(b), in that after consultation with the Administrator –Federal Procurement Policy and the Administrator-SBA, advance notice is determined to be inappropriate and unreasonable.

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Tillerson Visits Turkey, Gets Complaints Here, and There

Posted: 12:48 am ET

 

Below is the transcript of Secretary Tillerson’s ‘meet and greet’ remarks at US Mission Turkey, his first one since his appointment as secretary of state. No photos of the embassy ‘meet and greet’ available so far.

Thank you, thank you. And it is, indeed, a pleasure to be in Ankara and to have the opportunity to visit the embassy here and get a chance to speak to all of you. And what a great way to be greeted, with a great-looking bunch of Boy Scouts and Girl Scouts, and I’m well familiar with both of those organizations and a lifelong scouter myself, and I want to express my appreciation to the adult leadership that it takes to make those opportunities available to these young people. And to the parents that support them as they move down that advancement pathway to earn their way to higher achievement, I’d like to thank all of you as well.

This – and I don’t have to tell you how important this particular mission is to us in terms of its strategic value, its place in the region, but certainly the complexities of what we’re dealing with as a nation and as a world with what’s happening just on the borders here to the south of Turkey. I know it’s a high-stress posting, I know it’s been a difficult couple of years for everyone in terms of status changes in this mission, as well as the other three locations. And so we appreciate your dedication and your commitment throughout all of that, staying the course, keeping up and out in front of you what you know is important, and what’s very important to our nation back home. So I thank all of you for your commitment throughout that period of time.

I also want to talk about three values that I’ve been trying to talk everywhere I go within the State Department. I expressed these on day one when I made my first-day appearance at the Department, and that’s that I have three key values that I think will be useful to all of us as we go about our daily work in terms of how we interact with each other and in terms of how we interact externally as well.

And the first of those is accountability, that I think it’s really important with the work we do, because it is so vital and important that as we produce that work, we’re holding ourselves accountable to the results, and that’s the only way we can hold our partners accountable. We intend to hold other nations accountable in our alliances for commitments they’ve made, but that starts with us holding ourselves accountable, first as individuals, then collectively as an organization. So we ask that everyone really devote themselves to that, recognize that we’re not going to be right all the time. We may make some mistakes and that’s okay. We hold ourselves accountable to those and we’ll learn from those and we’ll move forward, but that it’s important that we always own what we do – that it’s ours and we’re proud to own it.

The second value I’m talking a lot about is honesty. That starts with being honest with each other, first in terms of our concerns, in terms of our differences, and we invite and want to hear about those. That’s how we come to a better decision in all that we do. And only if we do that can we then be honest with all of our partners and allies around the world as well. And still, I mean, we’re going to have our differences, but we’re going to be very honest and open about those, so at least we understand them.

And then lastly is just treating everyone with respect. I know each of us wants to be treated with respect. You earn that by treating others with respect. And again, regardless of someone’s stature in the organization or regardless of what their work assignment may be, or regardless of how they may want to express their view, at all times we’re going to treat each other with respect. And in doing that, you’ll earn the respect of others. So we ask that everyone devote themselves to accountability, honesty, and respect.

And starting with the scout promises and laws, that’s not a bad place either. If you haven’t looked at those, you ought to take a look at them. They’re a pretty good playbook for life, I can tell you that. They’ve been a great playbook in my life throughout all of my professional career prior to coming to this position, and they continue to guide me every day in terms of how I want to hold myself accountable is against those principles.

So again, I appreciate what all of you are doing on behalf of the State Department, in particular what you’re doing on behalf of our country, both those of you that are here on posting as well as those of you who are part of our national workforce as well. So I thank all of you for your dedication and commitment. I appreciate you coming out today. It is a rather nice, beautiful day, so I knew I’d come out too. (Laughter.) But again, thank you all for what you’re doing. It’s just a real delight to see you. Thank you. (Applause.)

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@StateDept Launches Inaugural Leadership Day — Who’s Missing? (Updated)

Posted: 1:07 am ET
Updated: 8:44 pm PT

 

In 2014, we saw a FAM update on Leadership and Management Principles for State Department Employees. Long, long, before that, there was Secretary Colin Powell and leadership. In 2000, FSI launched a new Leadership and Management School. Twelve years later, State/OIG still talked leadership (see State Dept’s Leadership and Management School Needs Some Leadership, And It’s Not Alone). For the longest time after Powell exited the State Department, the one part of the State Department that actively pursued leadership as part of it staff development is the Bureau of Consular Affairs (CA). CA developed the Consular Leadership Tenets  in 2006 after receiving input from 87 overseas consular sections. In 2007, somebody even got the then Under Secretary for Management Henrietta Fore to “talked” (PDF) about promoting leadership development, specifically citing the consular leadership tenets and what the bureau “is doing to cultivate a culture of leadership and results-oriented professional development.”

Now, we understand that there were a few folks at CA/EX who made possible the leadership initiative there, including Don Jacobson, the founder of GovLeaders.org. He was previously consular boss for Mission Brazil and received the Raphel Memorial Award for  “outstanding leadership and direction” of the consular team.  He once said:

My best assignments have been those that involved “crucible” experiences–intense experiences rich in learning. For example, in Bogota we had a huge spike in workload and nowhere near the resources we needed to get the job done. We implemented some terrific innovations, but I also wound up burning out some of my officers. I learned a lot from that and have tried to take a much more balanced approach since then. At another post, I had some great opportunities to develop a stronger backbone. I terminated two employees and also had to protect my staff from a difficult senior boss. I used to avoid conflict as much as I could, but that is not helpful in a manager. Managers need to have a backbone in order to be effective—to speak truth to power, to protect their staff from abuse, and to deal with poor performance and unacceptable behavior. These things get easier with practice because, as I have found, difficult problems go away if you actually deal with them. 

Unfortunately, it does not look like he has a speaking part in the State Department’s big leadership powwow. Perhaps all those annual leadership awardees at State should be talking about leadership in practice?

Today, the State Department launched its first Leadership Day.  According to AFSA, the inaugural Leadership Day is organized by the State Department’s Culture of Leadership Initiative (iLead), a voluntary group of employees “working to strengthen leadership skills and practice throughout the State Department.” iLead originated with the 2014 release of the LMPs. The iLead forum is currently co-chaired by Carmen Cantor, HR/CSHRM Office Director; Michael Murphy, Associate Dean at FSI’s Leadership and Management School; and Julie Schechter-Torres, Acting Deputy Director of M/PRI.

As outlined in the 2015 Quadrennial Diplomacy and Development Review (QDDR), the success of the State Department rests on its ability to recruit, train, deploy, and retain talented and dedicated professionals. We must prepare people not only to react quickly to crises, but also to proactively advance our interests – all the while caring for the wellbeing and development of themselves and colleagues. To celebrate recent achievements and to foster continuous commitment to the Department’s Leadership and Management Principles, iLead is organizing a Leadership Day to showcase leadership in practice. The event is scheduled to take place on December 13, 2016 with a plenary session in the Dean Acheson Auditorium and a Leadership Expo in the Exhibit Hall at the Harry S Truman building. The event will feature presentations, panel discussions, and short talks on leadership and professional development by Department staff at all levels and from various disciplines.

The preliminary agenda is as follows:

11:00 AM – 1:00 PM Leadership Expo in the Exhibit Hall, HST

1:00 PM – 4:00 PM Plenary Session in the Dean Acheson Auditorium

The Leadership Day plenary session will be comprised of two segments: a senior leadership panel discussion and a series of short talks on the Leadership and Management Principles. The senior panel will highlight reflections on leadership and bureau best practices as championed by the following participants:

Catherine Novelli, U/S for Economic Growth, Energy and the Environment;
Michele Thoren Bond, A/S for Consular Affairs;
Linda Thomas-Greenfield, A/S for African Affairs;
William Brownfield, A/S for Bureau of International Narcotics and Law Enforcement Affairs.

Interested employees may send questions for the panel to ilead@state.gov.

We noticed the names absent from the above line-up.  The Deputy Secretary of Management and Resources (D/MR) is missing. The Under Secretary for Management (M) is not listed as a speaker. The Director General of the Foreign Service (DGHR) who by the way, has been running a podcast on leadership on iTunes and SoundCloud is also not in the line-up. Of course, they are busy with other stuff but these senior officials have a larger impact on the institution and its people. Wouldn’t you want to hear their thoughts about leadership and management in practice during the inaugural Leadership Day? No?

Update: It looks like the AFSA notice we saw about this event was outdated.  We’ve since learned that Secretary Kerry gave a keynote speech on leadership, and DGHR Arnold Chacon had a speaking role as well. Don Jacobson also did a presentation during the “Leaders Speak” part of this program.  Our source told us that “Leadership Day was organized by an amazing team of volunteers who are passionate about growing leaders for State. They are among the many members of the iLead group that consistently put their discretionary energy into promoting effective leadership at all levels of the State Department.”

The talk, the talk, Throwback Tuesday:

From State Magazine, 2001: “Investment in human capital is critical to maintaining State’s expertise in the 21st century. As Director General Marc Grossman told a Georgetown University audience recently, “I tell everyone who will listen that training and professional development will be key to meeting the challenges of our new world and key to our ability to fashion a diplomacy for the 21st century.”

From AFSA, 2015 – DGHR Arnold Chacon: “We are partnering with AFSA to develop and implement a professional code of ethics for the Foreign Service, based on our core values of accountability, character, community, diversity, loyalty and service. Bringing these values into sharper relief—and tying them to who we are and to what we do that is unique and consequential for our nation—is essential for our conversations with Congress and the American people. We not only want to forge a more capable FS 2025 workforce, but also communicate our accomplishments strategically and well.”

Also, hey, whatever happened to AFSA’s Committee on the Foreign Service Profession and Ethics?

 

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