AFSA Seeks Donation For Legal Defense Fund For Employees Snared in #ImpeachmentInquiry

Posted: November 4, 2019
Updated: November 11, 2019

Via AFSA:

AFSA’s Legal Defense Fund was created in 2007 to provide financial assistance to members in cases involving issues of significant institutional importance to the Foreign Service. It was named after the late Richard Scissors, a longtime AFSA staff member whose expertise in labor-management issues was crucial to many an AFSA member during his tenure. Sometimes cases come along where AFSA is unable to provide the time or legal expertise that is required. It is in such instances that the LDF can provide financial support which assists the member in retaining an outside attorney with expertise in a particular area of law. Unfortunately, this is one of those times. We have members in need as a result of the ongoing Congressional impeachment investigation. Your contribution can help. Donations to the LDF are not tax deductible.

If you are not a member of AFSA and do not wish to register on the AFSA website to make a donation, we welcome a donation by check made out to “AFSA Legal Defense Fund.” Please send that check to AFSA, c/o LDF, 2101 E Street NW, Washington DC 20037. Please include a certification that you are a U.S. citizen or legal permanent resident, and the name of your current employer.

Congressional appearances reportedly lasted between three hours to 10 hours durations. This could easily cost career employees thousands of dollars in legal fees; and that’s just for a single appearance.
The fees matrix created by the Civil Division of the United States Attorney’s Office for the District of Columbia (USAO) for  2015-2020 notes that attorney’s fees can range from $319/hour for those with less than 2 years experience to $637/hour for lawyers with over 31 years of experience. Attorneys with 11-15 years experience have an hourly rate of $510/hour. We’ve also seen higher estimates than this for legal fees in WashDC, of course.
Ambassador Eric Rubin, the president of the American Foreign Service Association told us that “AFSA is optimistic that it will be able to cover legal fees of our members that are not covered by the U.S. Government. We continue to reach out to members and the public to ask for more support so we can build a Legal Defense Fund that can meet all known needs of our members.”
If you are able, please consider donating to AFSA’s Legal Defense Fund to help Foreign Service employees who are doing their duty in cooperating with the ongoing Congressional investigations. Thank you!

 

Advertisements

116th Congress Regulations for the Use of Deposition Authority and 3 FAM 4170/10 FAM 130

The long-standing governing guidelines at the State Department for public speaking, teaching, writing, and  media engagement is 3 FAM 4170. The provisions of this subchapter apply to all public communications as defined in 3 FAM 4173, such as speaking, teaching, writing, and press/media engagement, including that prepared for electronic dissemination in an employee’s official capacity, or in an employee’s personal capacity if on a topic “of Departmental concern,” as defined in 3 FAM 4173. This subchapter makes no exceptions for special government employees (SGEs).
The most recent update for this subchapter was in March 2017 and it says in part:

The provisions of this subchapter are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by statute or executive order relating to: (1)  Classified information; (2)  Communications to Congress; (3)  Reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; or (4)  Any other whistleblower protection.

3 FAM 4170 Overview notes:

The personal capacity public communications review requirement is intended to serve three purposes: to determine whether the communication would disclose classified or other protected information without authorization; to allow the Department to prepare to handle any potential ramifications for its mission or employees that could result from the proposed public communication; or, in rare cases, to identify public communications that are highly likely to result in serious adverse consequences to the mission or efficiency of the Department, such that the Secretary or Deputy Secretary must be afforded the opportunity to decide whether it is necessary to prohibit the communication (see 3 FAM 4176.4)

On March 14, 2019, the State Department also updated 10 FAM 130 REMARKS AND WRITINGS FOR THE MEDIA AND GENERAL PUBLIC.  This subchapter defines “official” as public remarks including speeches, congressional testimony, press statements, and remarks prepared for photo opportunities.
This subchapter’s policy also says that “Official appearances before the media or general public to give formal interviews, speeches, or remarks must be cleared with the Assistant Secretary for Public Affairs.  See 10 FAM 131.4.  See also 3 FAM 4174.2 and 3 FAM 4174.3.” And it says that “former employees remain obligated by law not to disclose classified information, and certain employees may be bound by nondisclosure agreements.  See also 3 FAM 4174.2 paragraph d.”
On the matter of noncompliance, last updated in July 2015 per 3 FAM 4177:  “Failure to follow the provisions of this subchapter, including failure to seek advance reviews where required, may result in disciplinary or other administrative action up to and including separation. … Publication or dissemination of classified or other protected information may result in disciplinary action, criminal prosecution and/or civil liability.
We dug this up due to the forthcoming depositions by State Department officials in the coming days. In one hand, the FAM says that 3 FAM 4170 is consistent and do not supersede, or conflict with an employee’s obligation related to communication with Congress, and yet 10 FAM 130 updated in March 2019, a couple of months after congressional rules on depositions was adopted, specifically notes that congressional testimony is considered “official” remarks and require clearance. Somebody would have to sort this out very soon. Or we’ll know soon enough.
The first depositions in the Impeachment Inquiry will start tomorrow with the scheduled appearance of former U.S. Special Representative for Ukraine Negotiations Kurt Volker (described by NBC News as an “unpaid volunteer” and reportedly classified as a “Special Government Employee”).  Given that he is only the first to be deposed and we expect there will be many more before this is over, we thought we’d also dig up the rules for depositions in the 116th Congress.
Per section 103(a)(2) of House Resolution 6, 116th Congress, the following regulations regarding the conduct of depositions by committee and select committee counsel was printed in the Congressional Record on January 25, 2019. The Congressional Record version is available to read here, and in PDF file here. Perhaps most notable here is #3 regarding the presence of USG observers or counsels during depositions.
This is probably not a bad time to remind folks why Professional Liability Insurance is needed. Read here and here.

1. Notices for the taking of depositions shall specify the date, time, and place of examination. Depositions shall be taken under oath administered by a member or a person otherwise authorized to administer oaths. Depositions may continue from day to day.

2. Consultation with the ranking minority member shall include three days’ notice before any deposition is taken. All members of the committee shall also receive three days written notice that a deposition will be taken, except in exigent circumstances. For purposes of these procedures, a day shall not include Saturdays, Sundays, or legal holidays except when the House is in session on such a day.

3. Witnesses may be accompanied at a deposition by personal, nongovernmental counsel to advise them of their rights. Only members, committee staff designated by the chair or ranking minority member, an official reporter, the witness, and the witness’s counsel are permitted to attend. Observers or counsel for other persons, including counsel for government agencies, may not attend.

4. The chair of the committee noticing the deposition may designate that deposition as part of a joint investigation between committees, and in that case, provide notice to the members of the committees. If such a designation is made, the chair and ranking minority member of the additional committee(s) may designate committee staff to attend pursuant to regulation 3. Members and designated staff of the committees may attend and ask questions as set forth below.

5. A deposition shall be conducted by any member or committee counsel designated by the chair or ranking minority member of the Committee that noticed the deposition. When depositions are conducted by committee counsel, there shall be no more than two committee counsel permitted to question a witness per round. One of the committee counsel shall be designated by the chair and the other by the ranking minority member per round.

6. Deposition questions shall be propounded in rounds. The length of each round shall not exceed 60 minutes per side, and shall provide equal time to the majority and the minority. In each round, the member(s) or committee counsel designated by the chair shall ask questions first, and the member(s) or committee counsel designated by the ranking minority member shall ask questions second.

7.  Objections must be stated concisely and in a non-argumentative and non-suggestive manner. A witness’s counsel may not instruct a witness to refuse to answer a question, except to preserve a privilege. In the event of professional, ethical, or other misconduct by the witness’s counsel during the deposition, the Committee may take any appropriate disciplinary action. The witness may refuse to answer a question only to preserve a privilege. When the witness has refused to answer a question to preserve a privilege, members or staff may (i) proceed with the deposition, or (ii) either at that time or at a subsequent time, seek a ruling from the Chair either by telephone or otherwise. If the Chair overrules any such objection and thereby orders a witness to answer any question to which an objection was lodged, the witness shall be ordered to answer. If a member of the committee chooses to appeal the ruling of the chair, such appeal must be made within three days, in writing, and shall be preserved for committee consideration. The Committee’s ruling on appeal shall be filed with the clerk of the Committee and shall be provided to the members and witness no less than three days before the reconvened deposition. A deponent who refuses to answer a question after being directed to answer by the chair may be subject to sanction, except that no sanctions may be imposed if the ruling of the chair is reversed by the committee on appeal.

8. The Committee chair shall ensure that the testimony is either transcribed or electronically recorded or both. If a witness’s testimony is transcribed, the witness or the witness’s counsel shall be afforded an opportunity to review a copy. No later than five days after the witness has been notified of the opportunity to review the transcript, the witness may submit suggested changes to the chair. Committee staff may make any typographical and technical changes. Substantive changes, modifications, clarifications, or amendments to the deposition transcript submitted by the witness must be accompanied by a letter signed by the witness requesting the changes and a statement of the witness’s reasons for each proposed change. Any substantive changes, modifications, clarifications, or amendments shall be included as an appendix to the transcript conditioned upon the witness signing the transcript.

9. The individual administering the oath, if other than a member, shall certify on the transcript that the witness was duly sworn. The transcriber shall certify that the transcript is a true record of the testimony, and the transcript shall be filed, together with any electronic recording, with the clerk of the committee in Washington, DC. Depositions shall be considered to have been taken in Washington, DC, as well as the location actually taken once filed there with the clerk of the committee for the committee’s use. The chair and the ranking minority member shall be provided with a copy of the transcripts of the deposition at the same time.

10. The chair and ranking minority member shall consult regarding the release of deposition testimony, transcripts, or recordings, and portions thereof. If either objects in writing to a proposed release of a deposition testimony, transcript, or recording, or a portion thereof, the matter  shall be promptly referred to the committee for resolution.

11. A witness shall not be required to testify unless the witness has been provided with a copy of section 103(a) of H.Res. 6, 116th Congress, and these regulations.

 

Statements of Support For Former US Ambassador to Ukraine Marie Yovanovitch

 

Ambassador Marie Yovanovitch was previously scheduled to appear for a deposition in Congress on Wednesday, October 2. Reports indicate that she is now scheduled to appear before the oversight body on Friday, Oct. 11, 2019.
In the meantime, the American Academy of Diplomacy has issued a joint statement signed by AAD Chairman Thomas R. Pickering  and AAD President Ronald E. Neumann supporting Ambassador Marie Yovanovitch.
Ambassador Marie Yovanovitch Must Be Supported

Washington, D.C. – The American Academy of Diplomacy calls on the Administration to make clear that it will not act against career diplomat Ambassador Marie Yovanovitch for doing her duty and working to support long established US policies and values. The Administration removed Ambassador Yovanovitch from her post in Ukraine prematurely. Now, we note with great concern the statement by President Donald Trump in the recently released memorandum of conversation with Ukraine’s president, in which the President said of Ambassador Yovanovitch, “Well, she’s going to go through some things.” The threatening tone of this statement is deeply troubling. It suggests actions outside of and contrary to the procedures and standards of a professional service whose officers, like their military counterparts, take an oath to uphold the Constitution. Whatever views the Administration has of Ambassador Yovanovitch’s performance, we call on the Administration to make clear that retaliation for political reasons will not be tolerated.

The Academy is a non-partisan organization of former senior U.S. diplomats, career and political appointees, who have served over decades. Our mission is strengthening American diplomacy. In our careers, we have worked around the world and under Republican and Democratic administrations alike and frequently acted publicly and privately against foreign corruption. Speaking out against foreign corruption is consistent also with the Foreign Anti-Corruption Act that binds U.S. business.

The American Foreign Service Association, the “voice of the Foreign Service” has also issued a statement on The Importance of a Non-Partisan Career Foreign Service but made no specific mention of Ambassador Yovanovitch’s case.
On October 1, NBC News reports that more than 50 former female U.S. ambassadors are calling on President Trump and Secretary of State Mike Pompeo in a letter to protect foreign service officers from political retaliation in the wake of the ousting of the former U.S. ambassador to Ukraine, Marie Yovanovitch.  The signatories of the letter are members of an organization of current and former ambassadors, Women Ambassadors Serving America.
The report notes that “Only one current U.S. ambassador signed the letter: Catherine Ebert-Gray, a career foreign service officers who serves as the U.S. envoy to Papua New Guinea, the Solomon Islands and Vanuatu. Her signature comes with a notable caveat; She adds that “The views expressed are my own and not necessarily those of the U.S. government. Signing a public letter critical of the Trump administration could put current ambassadors at professional risk, which likely explains why Ebert-Gray is the only one to sign the letter.”

 

 

State/MED: Kathy Gallardo No Longer Deputy Chief Medical Officer For Mental Health Programs

 

We understand that as of this week, Dr. Kathy Gallardo is no longer the State Department’s Deputy Chief Medical Officer – Mental Health Programs (MED/MH Director) at the Bureau of Medical Services (State/MED). Unconfirmed reports that she will be taking an overseas posting, post unknown as of this writing.

Dr. Charles Lilly will reportedly serve in an acting capacity  until a replacement is identified. We could not locate any bio for Dr. Lilly. Also for some reason, none of the employees under the Directorate for Mental Health Programs (MED/MH) are listed on DOS directory. The Bureau of Medical Services (MED) web page on state.gov is also pretty sparse; the only individual identified on its leadership page is Chief Medical Officer Dr. Mark Cohen.  

Via FSJ:

Related posts:

@StateDept’s New “One Team” Award For Employees Includes $10,000 Prize, Certificate, and a Glass Statuette

 

We recently posted about the new ‘One Team’ four-day pilot course at the State Department’s Foreign Service Institute (See Foreign Service Institute Rolls Out Pompeo’s Pursuit – A ‘One Team’ Four-Day Pilot Course For “Everyone”). Early last month, DGHR Carol Perez also tweeted about the new ‘One Team’ Award (sorry, the nominations were due on August 29).
In mid-July, the ‘One Team’ Award was official added to the Foreign Affairs Manual. The FAM says that “This annual award recognizes a current employee or contractor who exemplifies the Departments Professional Ethos, a true champion of American diplomacy and servant of the American people.”
This award is open to employees who are in the Foreign Service, the Civil Service, locally employed staff, non-Senate confirmed political appointees, and contractors. It carries a prize money of $10,000 USD, a certificate signed by the Secretary of State, and a glass statuette. Please note that if the awardee is a contractor, he/she will only receive a certificate and letter of recognition both signed by the Secretary of State and provided to the individual’s company, but no monetary award.
A lucky runner-up will also receive a letter from the Secretary of State. The Department employee recipient will have that letter placed into his/her personnel file.
The Foreign Affairs Manual says that the winning nominee will be chosen by a Selection Committee chaired by the Deputy Secretary or his/her representative and including three other committee members designated by the Director General of the Foreign Service and Director of Human Resources (Director General). We’ve asked DGHR Carol Perez for the names of the Selection Committee members. Easy question, nothing sensitive, it’s a Pompeo project, and we’ve used please and thanks, you guys. But some folks, you know, pretend we’re just a ghost in space, and can’t hear us. That’s all right, somebody please use a ghost whisperer and let us know who gets the $10K and the glass statuette this year. 

3 FAM 4832.25 The One Team Award

3 FAM 4832.25-1 Description

(CT:PER-952; 07-18-2019)
(State Department)
(Applies to Foreign Service, Civil Service, Locally Employed Staff, non-Senate confirmed political appointees, and Contractors)

a. This annual award recognizes a current employee or contractor who exemplifies the Departments Professional Ethos, a true champion of American diplomacy and servant of the American people. The award recognizes an employee or contractor whose exceptional professionalism, integrity, responsibility and leadership enabled results-producing teamwork, particularly in the face of challenging circumstances.

b. Department employee recipients will receive $10,000, a certificate signed by the Secretary of State, a glass statuette which is a miniature of the large One Team Award, and a letter from the Secretary of State for his/her official personnel file.

c. Contractor recipients will receive a certificate and letter of recognition, both signed by the Secretary of State and provided to the individuals company in appreciation of the contractors performance, in coordination with the contracting officer.

d. A runner up will be selected and will receive a letter from the Secretary of State. For Department employee recipients, the letter will be placed into his/her personnel file.

3 FAM 4832.25-2 Eligibility

(CT:PER-952; 07-18-2019)
(State Department)
(Applies to Foreign Service, Civil Service, Locally Employed Staff, non-Senate confirmed political appointees, and Contractors)

All current Department of State employees serving in the Foreign Service, Civil Service, as Locally Employed staff, or as non-Senate confirmed political appointees, and current contractors are eligible for nomination and consideration. Only employees are eligible to receive the monetary award and statuette. Contractors are not Department employees.

3 FAM 4832.25-3 Criteria

(CT:PER-952; 07-18-2019)
(State Department)
(Applies to Foreign Service, Civil Service, Locally Employed Staff, non-Senate confirmed political appointees, and Contractors)

Selection is based on exceptional leadership by an individual who:

(1) Demonstrates and communicates a clear understanding of the link between individual and team contributions, and the importance of working together with a shared mission and sense of purpose;

(2) Takes ownership and accepts responsibility for his/her actions and decisions, and projects uncompromising personal and professional integrity, as exemplified in the Departments Professional Ethos Statement;

(3) Fosters effective collaboration within and across office, Bureau, and mission lines that produces outstanding results; and

(4) Respectfully guides and supports teams to enable them to overcome challenging circumstances and achieve Department objectives.

3 FAM 4832.25-4 Nominating and Approval Procedures

(CT:PER-952; 07-18-2019)
(State Department)
(Applies to Foreign Service, Civil Service, Locally Employed Staff, non-Senate confirmed political appointees, and Contractors)

a. Any current employee may nominate an eligible individual who they think meets the award criteria.

b. Nominations do not require endorsement or supervisory approval.

c. Nominations should be submitted using the one-page nomination submission form available on the HR/PE website.

d. The winning nominee will be chosen by a selection committee chaired by the Deputy Secretary or his/her representative and including three other committee members designated by the Director General of the Foreign Service and Director of Human Resources (Director General). Members of the selection committee must recuse themselves if they have any financial interest in or personal ties to any nominated contractor or contracting company under consideration for the award.

#

Foreign Service Institute Rolls Out Pompeo’s Pursuit – A ‘One Team’ Four-Day Pilot Course For “Everyone”

Last week, Secretary Pompeo announced to agency employees that the Foreign Service Institute has launched its very first “One Team” pilot course.  Apparently, this new course is a four-day pilot  and “builds upon the ideas” expressed in the recently rolled out Professional Ethos. The purpose is  “to unite new employees around the “One Team, One Mission, One Future” vision and the unique history of the Department.”
The “One Team” course will reportedly supplement existing training to provide a common experience for new employees. According to Secretary Pompeo, “For the first time, Foreign Service, Civil Service, Limited Non-Career Appointments, and political appointees will all learn side-by-side. Everyone will grow as one team together”.

In developing the One Team course, we drew heavily from your thoughts on what new Department employees should know and understand about the Department, especially the importance of working together. As a result, the course will:

    • Explore the guiding principles of the Department, including our Professional Ethos;
    • Help employees connect their efforts and that of their colleagues to the Department’s mission;
    • Analyze how the Department’s work connects to the National Security Strategy, and the Department’s other strategic planning mechanisms;
    • Examine the meaning of the Oath of Office;
    • Investigate how the Department’s work directly benefits the American public; and
    • Inform our team about key accomplishments and personnel in the Department’s history that spans more than 230 years.
Supposedly, this course is “light on lectures” but full of “hands-on” engagement with the goal of “helping participants see how they each contribute” to the collective success as an organization.
There are reportedly 85 employees currently enrolled in the pilot course at FSI.  They are expected to provide feedback so the course can be “refined” for “several more trial runs this fall and in early 2020.”
Secretary Pompeo also told State Department employees that the goal is “to finalize the course and begin ramping it up next year to accommodate the roughly 1,600-1,800 new employees that the Department onboards every year.” He also said that “This critical investment will ensure that each one of our future colleagues is best prepared to join our efforts as champions of American diplomacy.”
We can’t tell right now how expensive is this project. Presumably, not as expensive as Rex Tillerson’s redesign project but one never know.  If you’re taking the course, we’re looking forward to hearing your assessment of the course, as well as assessment of the identified learning goals. Is this effective indoctrination, or a waste of dime and time? Are students in a bubble wrap or are they allowed to question the misalignment of stated values and actual practice we can see with our very stable faculties every day? Are trainers able to reconcile the gap between the stated professional ethos and reality? Is the State Department making this course mandatory for the leadership  at the Bureau of International Organizations, for starters or as refreshers?
There is also one glaring omission in the target audience for this course – the largest employee group in the State Department: not Foreign Service, not Civil Service, not Limited Non-Career Appointments, and not political appointees but it’s local employees, spanning over 275 posts, and totaling more than all other employee groups combined.  They do not appear to be included in this training “to unite new employees around the “One Team, One Mission, One Future” vision and the unique history of the Department.” These folks, almost all foreign nationals, often touted as the backbone of the State Department’s overseas presence, do not need to be champions of American diplomacy, do they?
Nothing shouts “One Team” louder than excluding local employees from this supposedly common, and unifying experience for new employees. This “One Team” training is in person right now, we can’t imagine State expending dollars to bring in LE employees from overseas to Washington, D.C. Although, one can make the case that if this is as important as they say it is, then doesn’t it make sense that all employees in the organization are trained and imbued with its specific point of view, and guiding principles? Are they considering an online course? web-based courses?
In any case, when the secretary says that this will help “everyone to grow as one team together”, everyone doesn’t really mean everyone, just all direct-hire American employees. But don’t fret, the $10,000 “One Team” Award is available for uh … Everyone. Even contractors. Oops, uh wait, what’s that?

#

 

Pompeo: “you will treat every human being with the dignity and respect …” (except when senior leaders don’t)

 

 

…”[I]t’s an imperative that senior leaders set the culture right on that. That we make sure that every team member, whether they’re a Foreign Service Office, or a Civil Servant, or part of our locally-employed teams in the field, understands that you will treat every human being with the dignity and respect they deserve by the nature of their humanness. And so I’ve said that from the moment I walked in the building on C Street the first day, and I say it in every gathering that I have. We have to do that. The team has to do that. The leadership must lead on that issue, but everyone who comes through here must understand it is one team, one mission.
And the second thing we’ve tried to do is set a professional standard of excellence that isn’t unique to any one group. It’s not unique to Western Hem. It’s not unique to our cyber folks.  It’s not unique to Foreign Service Officers. We did this with something that we’ve called the Ethos that we’ve put forward, which says these are the characteristics of people who will be part of America’s diplomatic corps, the team that is out delivering on behalf of the United States of America. So if you work with USAID, or you work in another part of our organization, this is the standard to which you should aspire. It has both the personal character standard and an organizational set of understandings, and we hope that that will become something that’s foundational and part of the DNA of everyone who works here at the State Department.”

Secretary Mike Pompeo
State Magazine, July 2019

Note: We should note here that USAID (created with the passage of the Foreign Assistance Act of 1961 (pdf) by Congress) is not/not part of the Department of State.  Despite a recent effort to merge USAID into the State Department, it remains an independent agency with its own Senate-confirmed administrator, Mark Green.

BONUS:

#

Foreign Service Child Abuse and Domestic Violence Statistics (2005-2013)

 

We have never seen the State Department’s data on child and domestic abuse in the Foreign Service. While looking into another matter, we came across a publicly available document titled Department of State Family Advocacy Program: Clinical and Administrative Considerations” by Stanley Piotroski, PhD. The 20-page slide appears to be from 2014 and includes 1) An Overview of the family advocacy program ; 2) Key processes of the FAC/FAT* process; 3) Provider and employee concerns about FAC;  4) Clinical considerations and 5) Application of considerations to case vignettes. It also includes the 2005-2013 Family Advocacy Committee (FAC) statistics from MED on child abuse and domestic violence in Foreign Service posts. 
The three vignettes includes 1) Child seemed to have trouble sitting back in his chair. When teacher inquired, he said, “my daddy hit me on the back.” Teacher looked at their was bruising on his back. Child reported it to administration who contacted the health unit at post; 2) While in a routine health appointment, the wife of a FSO reported that her husband had struck her on the face during an argument. She stated that he frequently takes her keys away from her, will not allow her to have any money and at times will not allow her access to her phone. Wife received her US citizenship two years ago, but was raised in Beijing until she met her husband; 3) 16 year old daughter of DOS FSO told school counselor that her father has struck her mother and has been verbally been abusive to her. She said she wanted to run away from her home due to the stress in the household. She states she witnessed her father knock her mother down and slap her.
The document explains that the State Department’s Family Advocacy Program’s purpose is “To prevent and respond effectively to suspected child abuse/neglect and domestic violence involving DOS and others under Chief of Mission (COM) authority at post. Pages 4-5 includes the statistics on child abuse and domestic violence in 2012 and 2013. The stats are not broken down by agency. Page 13 notes that “Referrals need to be made on personnel from other agencies and that the “highest number of other agency cases are from DOD.”
We would like to see the State Department voluntarily release an assessment of its Family Advocacy Program.  Has  the program prevented, and responded effectively to cases of abuse and fulfilled its purpose? We are interested in the data from 2014-present. We would like to see State publicly release the annual data on child abuse, domestic violence and sexual assaults in the Foreign Service. Abuse is difficult to deal with anywhere, but it is exceptionally difficult for diplomatic employees and families overseas where every part of their lives are dictated by government regulations, and where there is often few places to run.
Note: * FAC-Family Advocacy Committee;  FAT-Family Advocacy Team.
The document references 3 FAM 1810 Family Advocacy Program (Child Abuse, Child Neglect, and Domestic Violence) of the Foreign Affairs Manual. This part of the regs has most recently been updated on August 17,-2018.

#

Related posts:

 

 

Workplace Horror Award Goes to the IO Bureau, @StateDept Offers Counseling in Uppercase Voice

 

Where do you even start with this bonkers IO report from the State Department Inspector General? Congrats?
Well, then, felicitations and congratulations to the Bureau of International Organization Affairs and its leadership for getting the Workplace Horror Award!
Given the lack of meaningful action from the 7th Floor following this report, perhaps we should borrow Secretary Pompeo’s “Miles With Mike” signoff and send “Keep crushing it!” wishes to everyone, too.
Bear it, and swagger, there’s an Ethos Award at the end of the rainbow.
But really, Secretary Pompeo should stop talking about his professional ethos initiative because, to put it mildly, this report ruins it loudly, particularly the parts about showing “unstinting respect in word and deed for my colleagues and all who serve alongside me” and taking “ownership of and responsibility” of something, something stuff.
As Nero Wolfe would say, “Pfui!”

Short Take: BAD, ALL CAPS

Update at 10:08 am: Added the DOS swagger seal

 State/OIG began this review in July 2018 by examining whether the Bureau of International Organization Affairs (IO) officials had acted improperly toward career officials on the basis of their perceived political or ideological views.
Just reading the report makes us want to drown our sorrows in vats of grapes, wine, rum, etc.,  Don’t worry, we’re allergic to alcohol but if we could, we would. This is painful to read, but can you imagine the people living through this?
Has anyone heard from AFSA?
Read the full report here.  A few excerpts below:

“OIG found evidence of leadership and management deficiencies and mistreatment of career employees in the Bureau of International Organization Affairs (IO). These inappropriate practices included disrespectful and hostile treatment of employees, accusations against and harassment of career employees premised on claims that they were “disloyal” based on their perceived political views, and retaliation associated with conflicts of interest. OIG also found that numerous employees raised concerns about the IO leadership to Department management officials outside of IO and that Department officials counseled IO leadership; however, the Assistant Secretary for IO, Kevin Moley, did not take significant action to respond to such concerns.

During the course of this review, OIG received allegations that two personnel actions were undertaken by IO leadership for improper motives: the removal of the IO Principal Deputy Assistant Secretary (PDAS), a career senior foreign service officer, and the cancellation of the selection process for a career position in the IO Office of Human Rights and Humanitarian Affairs. OIG found evidence that both actions by IO leadership were likely based on non-merit factors and thus violated Department policy.”

Staff Departures Set a Record in Our Books

Approximately 50 of 300 domestic IO employees have departed IO! Darnit, that’s quite a record that will be in our books for quite a while. Well, actually, maybe in our books until we see the next IG report focused on the Secretary’s office. That could be record-breaking, too, in terms of how many people departed the State Department starting at the dawn of Tillerson’s tenure. Alas, we’d also like to know who did what to whom, to the Senate-confirmed DGHR and others, who thought it was a great idea to double the stress and double the fun at the Ops Center, and other stuff… we can wait.

“In 2018, IO had 239 civil service positions and 71 domestic Foreign Service positions. Assistant Secretary Moley began his tenure in IO in April 2018. The IO Bureau also has four Deputy Assistant Secretary positions, one of which is the Principal Deputy Assistant Secretary (PDAS). In April 2018, all Deputy Assistant Secretary positions were held by career employees. During Assistant Secretary Moley’s tenure, three individuals have served as PDAS: the first, whose reassignment is described on page 14 below, served until June 2018; the second served from August to October 2018; and the third has served since November 2018.
[…]
Approximately 50 of 300 domestic IO employees have departed IO since Assistant Secretary Moley took over its leadership, and nearly all of the former employees who OIG interviewed stated that poor leadership of the bureau contributed to their decision to depart.”

 

When the OIG Rings the Fire Alarm and …

Image via Giphy

The OIG report paints in great details the leadership deficiencies and mistreatment of career employees; the disrespectful and hostile treatment of employees; the unmerited accusations of disloyalty and harassment based on perceived political views; retaliation based upon conflicts of interest; and failure of bureau leadership to respond to concerns expressed by employees, and expressed by Department management.

“OIG found significant evidence of systemic deficiencies in leadership and management relating to the treatment of career employees, as well as evidence that non-merit-based considerations played a role in at least two personnel decisions. Several employees raised concerns relating to disrespectful and hostile treatment of staff, inappropriate accusations of disloyalty and harassment of employees based on perceived political views, and retaliation based on conflicts of interest. Furthermore, despite being counseled by Department management regarding some of these issues, IO leadership has not adequately addressed these concerns. Such conduct conflicts with the Department’s leadership principles, which set expectations that its management will strive for a collaborative, respectful, and inclusive workplace. Moreover, these failures of leadership have led to serious morale problems in IO and to the departure of a significant number of career staff. OIG encourages the Department to take action to address these concerns promptly.”

On the two personnel actions undertaken by Assistant Secretary Moley and Ms. Stull, the OIG report notes the following:

“The circumstances of Assistant Secretary Moley’s removal of the PDAS suggests that he undertook a personnel action based on non-merit factors, namely, her articulation of concerns about Ms. Stull’s conduct. In addition, her removal raises questions regarding compliance with the Department’s non-retaliation policy because the concerns that she brought to Assistant Secretary Moley, Under Secretary Shannon, and Deputy Secretary Sullivan could evidence the violation of a law, rule, or regulation.
[…]
Ms. Stull’s instruction to the human resources officials that future vacancies reflect the President’s agenda and beliefs was inappropriate for career positions and reflects an intent to introduce non-merit factors into the IO hiring process. Based on this evidence, Assistant Secretary Moley and Ms. Stull appear to have violated Department prohibitions on using non-merit factors in personnel assignments.

The State Department Passes the Buck ..er Alarm

The OIG made two recommendations to the Under Secretary for Political Affairs: to develop a corrective action plan to address the leadership and management deficiencies within the Bureau of International Organization Affairs and to consider other appropriate action, including disciplinary action. The Department concurred with both recommendations.
Now for the funny part (but don’t laugh).
The State Department told the OIG that “The Department noted that two IO officials are named in the report, but one of them is no longer employed by the Department and therefore not subject to any disciplinary action. The remaining official has already been counseled regarding his leadership, and the Department will consider additional discipline based on OIG’s “assessment” of the response from Assistant Secretary Moley.”
Oh, dahrlings, the State Department wants the IG to do the Department’s job! Looks like the decision on what to do with IO is beyond OIG, or “P” or “M” or “D” but sits on Secretary Pompeo’s desk.
Also how soon before we’re going to start seeing this case  as a comparator in grievance cases? “I only screamed once and I apologized, and two people curtailed from post during my tenure. The proposal to suspend me for three days is not fair given similar cases at the agency. For example, the IG report on IO …” or something like that…

Yes, Your Concerns Are Pointless: True as the Sky is Blue

(and the State Department Offers More Counseling)

Below excerpted from the OIG report:
  • [I]n his interview with OIG, Assistant Secretary Moley was dismissive of the counseling he received from senior Department leaders. He cited other senior government positions he held in the past and expressed his opinion that individuals such as Acting Director General Todd were in no position to give him advice.
  • On June 25, 2018, Deputy Secretary John Sullivan met with Assistant Secretary Moley to discuss the comments and the general atmosphere in IO. According to Deputy Secretary Sullivan, Assistant Secretary Moley responded that IO employees were misinterpreting his and Ms. Stull’s actions and were over-reacting. Also, on June 25, Deputy Secretary Sullivan and then-Legal Adviser Jennifer Newstead counseled Ms. Stull on her treatment of employees.
  • Despite these counseling efforts, multiple witnesses told OIG that the hostile treatment and other conduct described above continued into the fall of 2018, and some of the notable examples described above occurred after Assistant Secretary Moley’s June 2018 meeting with the Deputy Secretary.
  • Several employees told OIG that they approached the Assistant Secretary at various times with concerns about treatment of employees and management of the bureau. These employees consistently reported to OIG that Assistant Secretary Moley reacted negatively when employees brought concerns to him and that, rather than addressing the issue directly, he tended to minimize the concern or place blame on others.
  • Similarly, when individuals raised concerns with Ms. Stull about her treatment of employees, she asserted that she was herself the victim of harassment and informed at least one employee that raising such concerns was pointless because the Trump administration “has my back.”
  • Beginning in late April 2018, a succession of increasingly more senior Department officials shared concerns they had received regarding the leadership and management of IO directly with Assistant Secretary Moley. However, OIG found that Assistant Secretary Moley did not undertake any meaningful efforts to address these concerns. Furthermore, in the course of this review, OIG continued to receive accounts of the same type of conduct against which the Assistant Secretary had been counseled, such as hostile treatment of employees, allegations of disloyalty, and conflicts of interest.
  • Then-Under Secretary for Political Affairs Thomas Shannon met with Assistant Secretary Moley to discuss concerns about management of the bureau that Under Secretary Shannon had heard from several IO employees. Under Secretary Shannon told OIG that he reminded Assistant Secretary Moley that his first responsibility is to the Secretary and that he put himself at risk by not exercising leadership and granting Ms. Stull an “unprecedented level of independence” to manage the bureau, especially during the critical period before UNGA. Under Secretary Shannon advised against managing the bureau by intimidating staff and questioning their loyalties.
  • On June 13, 2018, Acting Under Secretary Mull contacted Assistant Secretary Moley and recounted these concerns, including an email exchange that the Assistant Secretary had with a junior desk officer,30 the reported imminent departure of several members of IO’s senior staff, and general reports that he was “targeting” career civil service and Foreign Service officers. Acting Under Secretary Mull advised Assistant Secretary Moley that such reports were “embarrassing” to the Secretary and ran counter to his priority of lifting morale and forging a better sense of teamwork. Acting Under Secretary Mull directed him to take several steps [snip].

Quick Test: Compare and Contrast

Via Imgur

We should note that former S/P Kiron Skinner who was reportedly fired for her “abusive” management style did not oversee close to 300 people but a couple dozens (see @StateDept Policy Planning’s Kiron Skinner Reportedly Out Over “Abusive” Management Style).  Not to minimized the issues at S/P where some staffers reportedly left and five more threatened to quit according to Politico, that’s still less than the approximately 50 departures  cited by OIG from the IO bureau.  Good grief!
Yes, we are pointing out that the State Department is inviting criticism of contrasting treatment between these two offices: one managed by an African-American woman who was reportedly fired amidst allegations of bad management (but no IG investigation), and another managed by a white American male who was given repeated counseling amidst allegations of bad management and mass staff departures (despite an IG investigation). Any “unusually candid” official out there willing to explain this, we’re all ears.

 

#

@StateDept Bureau Junks Professional Ethos Big Time (Who Wanna Tell Mike?)

 

 

I am a champion of American diplomacy.

My colleagues and I proudly serve the United States
and the American people at the Department of State,
America’s first executive department.

We support and defend the Constitution of the United States.

We protect the American people and promote their interests and
values around the world by leading our nation’s foreign policy.

As a member of this team, I serve with unfailing professionalism
in both my demeanor and my actions, even in the face of adversity.

I act with uncompromising personal and professional integrity.

I take ownership of and responsibility for my actions and decisions.

And I show unstinting respect in word and deed for my colleagues
and all who serve alongside me.

Together, we are the United States Department of State.