SFRC Ranking Member Menendez Calls For OSC Hatch Act Review Into Pompeo’s Kansas Travel

 

 

On October 29, the Ranking Member of the Senate Foreign Relations Committee, Senator Bob Menendez (D-N.J.), sent a letter to the U.S. Office of Special Counsel (OSC), requesting a review to determine whether Secretary of State Mike Pompeo has violated the Hatch Act, a federal law passed in 1939, which limits certain political activities of federal employees. According to OSC, the law’s purposes are “to ensure that federal programs are administered in a nonpartisan fashion, to protect federal employees from political coercion in the workplace, and to ensure that federal employees are advanced based on merit and not based on political affiliation.”​​​​ ​​

I write to request an immediate review and assessment of the Secretary of State’s compliance with the Hatch Act, 5 U.S.C. §§ 7321-7326.
[..]
Since March 2019, the Secretary has taken three official trips to Kansas, apparently at the expense of the Department of State. During the latest trip, from October 24 to 25, 2019, the Secretary visited the Wichita State University Tech National Center for Aviation Training, participated in a workforce development roundtable, visited Textron Aviation Longitude and Latitude Production, and met with students from Wichita State University.  

In an interview, he refused to discuss matters related to Ukraine, insisting he was “here today to talk about workforce development. I came here today to talk about the great things that are going on here in Kansas.” The events in Kansas were aimed largely at promoting the President’s “Pledge to American Workers,” which has no discernible relation to the Department of State. According to The Wall Street Journal, he also “discussed the U.S. Senate race in Kansas” with Charles Koch, the head of Koch Industries, and former top contributor to his political campaigns, as well as backer of Pompeo’s prior business.  Textron Inc., the parent company of Textron Aviation, was also a major contributor to then-Congressman Pompeo’s political campaigns. 

For months, public reports have persisted that the Secretary was considering running for U.S. Senate in Kansas.  Many in Kansas perceive his appearances in the state to be a de facto campaign effort.  Indeed, an October 25, 2019 Kansas City Star editorial titled “Mike Pompeo, either quit and run for U.S. Senate in Kansas or focus on your day job,” seems to indicate his actions are already being construed as evidence of a possible candidacy by members of the press and the public in Kansas.  And following his trip, the Department of State’s official twitter handle posted a workforce and Kansas-centric video montage of the Secretary’s visit, which appears to have no nexus to the Department’s official work.    

Secretary Pompeo is not any federal employee. Rather, he is one of the most prominent members of the President’s cabinet. He appears frequently on TV and for interviews, and, as is true for many Secretaries of State, is known and recognized by the American public. Thus, it is even more crucial that he and the Department maintain a clear line between his actions as a federal employee and steward of the U.S. government, and any efforts that could be perceived as political in nature or laying the groundwork for potential campaign activity. I therefore ask that you review his travel and his interactions in Kansas closely, and determine whether any violations have occurred or additional guidance to the Department or the Secretary may be warranted.

The full letter is available to read here.

Advertisements

U.S. Embassy Maseru: A Small Post That Works Better Than Foggy Bottom’s 7th Floor

 

State/OIG recently released its review of the US Embassy in Maseru, Lesotho. Post is headed by Ambassador Rebecca Gonzales with Daniel Katz as deputy chief of mission. The full report is available here (PDF). Excerpt below.

Post Overview

The Kingdom of Lesotho is a small, mountainous country slightly smaller than the state of Maryland and completely surrounded by the country of South Africa. In 2019, an estimated 51 percent of Lesotho’s population of almost 2 million were under the age of 25. More than half of the country’s population lives below the poverty line, and its HIV/AIDS prevalence rate is the second highest in the world. Human trafficking is also a significant issue, as Lesotho serves as a source and a destination for trafficking in both adults and children. Approximately three-fourths of Lesotho’s citizens live in rural areas and engage in animal herding and subsistence agriculture.

Staffing

The FY 2019 authorized staffing levels for Embassy Maseru included 32 U.S. direct-hire positions, 3 eligible family members, and 91 locally employed (LE) staff members. Additionally, the Peace Corps had 93 volunteers serving in Lesotho. Other U.S. Government agencies represented in the embassy were the U.S. Agency for International Development (USAID), the Department of Health and Human Services’ Centers for Disease Control and Prevention (CDC), the Department of Defense, and MCC.

Front Office and Leadership/Management Principles

The Ambassador, a career member of the Senior Foreign Service, arrived in Lesotho in January 2018. She previously served as the Chief of Staff for the Assistant Secretary for Administration and, prior to that, as the Deputy Executive Director of the Bureau of Near Eastern Affairs. The Deputy Chief of Mission (DCM), also a career member of the Foreign Service, arrived in Maseru in October 2017. His prior assignment was the Mission Deputy at Embassy Koror, Palau. OIG found that, overall, the Ambassador and the DCM led the embassy in a collegial manner and worked together effectively. The Ambassador, a management officer, provided the DCM with guidance on management operations, while the DCM, a political officer, advised the Ambassador on political issues. For example, the Ambassador worked with the DCM to resolve an LE staff tax withholding issue, described in more detail below, and the DCM helped the Ambassador strategize on how best to engage the Government of Lesotho on political matters. The Ambassador and the DCM had an open-door policy, which the American staff confirmed. The Ambassador held monthly meetings with all agency and section heads, in addition to a weekly Country Team meeting. The DCM attended these meetings and also met weekly with section heads to discuss and resolve outstanding problems.

OIG found the Ambassador demonstrated the Department of State’s (Department) leadership and management principles outlined in 3 Foreign Affairs Manual (FAM) 1214. OIG questionnaires and interviews indicated embassy staff found the Ambassador to be open, honest, caring, and passionate about her work in Lesotho. OIG interviews and surveys showed that she encouraged staff at all levels to bring their ideas, concerns, and questions to her, which led to productively identifying and resolving problems. She actively solicited feedback on issues affecting morale and sought to resolve them. For example, when embassy employees had difficulties crossing the border into South Africa, the Ambassador raised the issue with the Government of Lesotho, and the situation improved.

Embassy employees told OIG the DCM modeled 3 FAM 1214 leadership and management principles that relate to valuing and developing people, as he was skilled in mentoring and committed to subordinates’ professional development. Employees also described the DCM as approachable and collaborative, and they appreciated that he organized embassy community events that included both LE and American staff.

The Front Office Led an Effort to Resolve a Tax Issue for Local Staff

OIG found that the Ambassador and DCM strengthened relationships with both LE staff and the host country by resolving a tax issue involving the LE staff. Based on Department policy, the embassy had not withheld local taxes for the LE staff. Instead, employees were expected to pay their taxes directly to the Lesotho tax authority. However, local employees had not always complied with this requirement, and the Lesotho tax authority eventually began seizing funds from LE staff members’ bank accounts for back taxes. After the LE staff asked the Front Office to help resolve the issue, the Ambassador worked with the Department to allow the embassy to withhold taxes from LE staff pay. She also met with the LE Staff Committee on several occasions to hear their concerns. Furthermore, beginning in June 2018, the DCM, along with the Management Officer, met with the LE Staff Committee at least once every 3 weeks to work through the details of resolving the tax issue. The Front Office also used Country Team meetings and town halls to keep the embassy community apprised of developments. In April 2019, the embassy began withholding local taxes and sending the funds to the host country’s tax authority on behalf of the LE staff.

Spotlight on Success: Crisis Preparedness Fair (Report notes that RSO is Dennis Jones)

In December 2017, the Regional Security Officer organized a Crisis Preparedness Fair as part of a broader crisis management exercise. The Crisis Preparedness Fair was an effort to involve the entire embassy community—especially LE staff and American family members— in emergency planning. Most embassy sections hosted their own emergency preparednessthemed activities. For example, the Public Affairs Section held a question and answer game show, the Information Management Office displayed emergency communication equipment, the Regional Security Office and Health Unit had trauma and medical treatment demonstrations (including CPR), and the Facilities Management Section offered fire extinguisher training. The fair included information for participants to take home. In addition to providing training and exposure to emergency resources and personnel, it gave key external contacts an informal environment in which to meet the embassy staff with whom they would interact in an emergency. The fair was well received within the community, and the Regional Security Officer planned to make it an annual event.

Spotlight on Success: Management Section Instituted a Continuous Process Improvement System to Improve Management Controls (Report notes that MGT is Jacob Rocca)

In 2018, while working on the annual Chief of Mission Management Control Statement of Assurance, the Management Officer instituted a continuous process improvement system that significantly improved the embassy’s ability to track and resolve its internal control deficiencies. The embassy also created a quality coordinator position, currently filled by an eligible family member, to run the tracking system. The system includes all deficiencies identified through the statement of assurance process as well as in OIG questionnaires and recommendations in past OIG reports of other embassies. The quality coordinator tracks the deficiencies, meets regularly with the employees responsible for addressing these concerns and enters into the system updates on the embassy’s progress in resolving the problems. A deficiency is not considered “corrected” until preventative measures are in place to ensure that it does not re-occur. As of April 2019, the embassy had successfully resolved 62 items identified since the process began in December 2018.

 

 

State/OIG Work Plan 2020-2021: Reports of Interest to Look Forward To

State/OIG released its work plan for FY2020-2021. Below are some interesting audits/reviews coming our way in the next couple of years. This is not an exhaustive list. You may view the complete list here.

OBO/US Embassy Mexico City

Audit of the Bureau of Overseas Buildings Operations’ Contract Administration for the Design and Construction of the New Embassy Compound Mexico City
The New Embassy Compound (NEC) in Mexico City is being built as part of a larger overhaul of embassy facilities across the globe spurred by the Secure Embassy Construction and Counterterrorism Act of 1999. The new embassy complex will be built on 8 acres and will cost almost $895 million. The main building will be about 515,000 square feet, making it one of the largest embassies owned by the Department. Construction on the project began in February 2018 and is expected to reach substantial completion in April 2022. The objective of this audit is to determine whether the Department has administered the design and construction contract for NEC Mexico City in accordance with Federal acquisition regulations and whether the contractor has fulfilled the contract terms and conditions.

OBO, Consulate Erbil, Embassy Baghdad

Audit of the Bureau of Overseas Building Operations’ Construction of the New Consulate General in Erbil, Iraq
In September 2013, the Department and the head of the Department of Foreign Relations for the Kurdistan Regional Government signed an agreement allocating land for the construction of a new consulate general building and compound in Erbil. In March 2014, the Department issued a pre-solicitation notice for the design and construction of offices, housing, and support facilities. In June 2018, it awarded the contract, valued at $422.5 million, to B.L. Harbert International. The objectives of the audit are to determine 1) whether the Department administered the design and construction contract in accordance with Federal Acquisition Regulation and 2) whether B.L. Harbert fulfilled the contract terms and conditions.

OBO/Administration

Audit of Heritage Assets at Selected Overseas Posts
The Department maintains collections of arts and furnishings, known as heritage assets, that are held for public exhibition, education, and official functions. Items can be donated, loaned, or purchased (using donated or appropriated funds). The Department uses this property to promote national pride and the distinct cultural diversity of American artists, as well as to recognize the historical, architectural, and cultural significance of America’s holdings overseas. Although the Department does not report a value of these assets, one curator said that the value could be $500 million. Many pieces of heritage assets are placed overseas. The Department provides protection and preservation services to maintain all heritage assets. The objective of this audit is to determine whether selected posts protected and preserved heritage assets in accordance with Department requirements and whether the Department administered selected heritage asset programs in accordance with Federal and Department requirements

AQM

Audit of Use of Sole Source Contracts in Overseas Contingency Operations
In the last 3 fiscal years, the Department has used over $1 billion in sole source contracts in Iraq and Afghanistan. The Commission on Wartime Contracting reported that agencies have failed to set and meet goals for competition in Iraq and Afghanistan. In particular, agencies have awarded task orders for excessive durations without adequate competition, failed to set and meet goals for competition, and have repeatedly awarded long-term task orders that were not recompeted when competitive conditions improved and used cost-reimbursable contract types even though simpler, fixed-price contracts could expand the competitive pool. The objectives of the audit are to determine whether (1) acquisition policy was followed in awarding sole source contracts, (2) there were urgent and compelling needs to justify awarding sole source contracts, and (3) the Department is paying more by having sole source contracts than it would pay if contracts were competitively awarded.

Consular Affairs

Audit of IT Security Controls for the Passport Information and Electronic Records System
The Passport Information and Electronic Records System (PIERS) is a CA system housed on the Department’s network. PIERS is a suite of web and desktop applications that is used to manage passport records. These records include personally identifiable information, making the system a potential target for malicious actors, both internal and external. During a prior audit, OIG found control weaknesses—including a general lack of policies, procedures, guidance, and training—relating to the prevention and detection of unauthorized access to passport and applicant information and the subsequent response and disciplinary processes when a potential unauthorized access is substantiated. The objective of this audit is to determine whether the IT security controls that were designed and implemented for PIERS meet Federal and Department standards and are working as intended.

Embassy Baghdad, Embassy Kabul, Bureau of South Central Asian Affairs (SCA), Bureau of Near Eastern Affairs (NEA), M/PRI, DS

Audit of Rightsizing of U.S. Embassies Kabul and Baghdad
The U.S. Missions to Afghanistan and Iraq have undergone significant reconfiguration in recent years. In November 2018, the Department decided to decrease the U.S. footprint in Afghanistan because of the Administration’s shifting priorities; Embassy Kabul subsequently submitted a proposal to reduce embassy personnel by 50 percent. Similarly, in February 2019, the Department directed U.S. Embassy Baghdad to reduce its staffing profile by 30 percent. OIG issued the Audit of U.S. Mission Iraq Staffing Process (AUD-MERO-13-33) in 2013 that found that the Department did not fully consider U.S. priorities in Iraq as set forth in rightsizing frameworks developed by M/PRI and the Government Accountability Office. OIG also issued the Audit of the Department’s Implementation of Vital Presence Validation Process (AUD-SI-15-37) in 2015 that found that the Department periodically reviewed the balance between acceptable risk and expected outcomes in high-threat highrisk posts, but that the analysis did not explicitly address the attainability of the posts’ missions or goals. The objective of the audit is to determine whether the Department used established procedures, guidance, and best practices when undertaking its rightsizing approach and whether the approach takes into consideration the alignment of resources invested at these missions with U.S. priorities

Consular Affairs, Embassy Baghdad, Embassy Kabul

Audit of the Special Immigrant Visa Program for Iraq and Afghanistan
The Department’s authority to issue Special Immigrant Visas (SIV) to Afghan nationals falls under Section 602(b) of the Afghan Allies Protection Act of 2009, as amended. The act authorizes the issuances of SIVs to Afghan nationals who worked on behalf of the U.S. Government in Afghanistan or the International Security Assistance Force. The Consolidated Appropriations Act for FY 2019 authorized 4,000 additional visas for Afghan principal applicants. The act also created additional reporting requirements. Similarly, Section 1244 of the National Defense Authorization Act for Fiscal Year 2008 authorized the issuance of up to 5,000 SIVs annually through FY 2013 to Iraqi nationals who were employed by, or on behalf of, the U.S. government in Iraq and who meet certain requirements. The Department’s authority to issue SIVs to Iraqi nationals under the National Defense Authorization Act of 2008 was subsequently extended. The objective of the audit is to determine whether the Department is administering the SIV program in accordance with Federal law.

Selected Posts in Bureau of African Affairs (AF), Bureau of European and Eurasian Affairs (EUR), NEA

Audit of Remote Mission Operations in Contingency Environments
For security reasons, the Department operates a number of embassies and consulates outside the borders of the nation. For example, Mission Somalia operates remotely from Kenya, with the Department providing $275 million in foreign assistance to Somalia in FY 2017. Other examples include Mission Libya operating from Tunisia and programs for the stabilization of Syria from Turkey, Jordan, and Kuwait. The objectives of the audit are to determine the extent to which the Department 1) oversees its mission in locations where it does not have a permanent presence, 2) has policies and procedures in place for operating remotely, and 3) has assessed best practices that could be applied to other missions to reduce the number of personnel incountry and reduce the U.S. Government’s footprint.

Special Projects/Department

Evaluation of the Department of State Authorities Act Implementation
In 2016, Congress enacted the Department of State Authorities Act, which requires each Department head to report to OIG within 5 business days any allegations of: (1) waste, fraud, or abuse in a Department program or operation; (2) criminal or serious misconduct on the part of a senior employee; (3) criminal misconduct on the part of any employee; and (4) serious, noncriminal misconduct on the part of any law enforcement officer. The objective of this evaluation will be to review the Department’s compliance with this provision and will examine whether the Department is reporting all the required allegations and whether they are doing so in a timely fashion. OIG will also evaluate whether the Department’s guidance on this requirement is clear and whether the Department has sufficiently notified Department heads of their responsibilities.

 

 

@StateDept Contracting Officer Zaldy N. Sabino Convicted of Bribery and Procurement Fraud

 

This is a follow-up to our post on April 16, 2019 @StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud.  On October 4, 2019, the Justice Department announced the conviction of State Department Contracting officer Zaldy N. Zabino of  13 counts of conspiracy, bribery, honest services wire fraud and making false statements.

State Department Contracting Officer Convicted of Bribery and Procurement Fraud

A contracting officer with the U.S. Department of State was convicted today of conspiracy, bribery, honest services wire fraud and making false statements.

Assistant Attorney General Brian A. Benczkowski of the Justice Department’s Criminal Division, U.S. Attorney G. Zachary Terwilliger of the Eastern District of Virginia, Special Agent in Charge Marc Meyer of the U.S. Department of State Office of Inspector General and Assistant Director in Charge Timothy R. Slater of the FBI’s Washington Field Office made the announcement.

Zaldy N. Sabino, 60, of Fort Washington, Maryland, was convicted of 13 counts of conspiracy, bribery, honest services wire fraud and making false statements.  Sentencing has been set for Feb. 14, 2020.

Sabino was indicted in April 2019.  According to the indictment, between November 2012 and early 2017, Sabino and the owner of a Turkish construction firm allegedly engaged in a bribery and procurement fraud scheme in which Sabino received at least $239,300 in cash payments from the Turkish owner while Sabino supervised multi-million dollar construction contracts awarded to the Turkish owner’s business partners and while Sabino made over a half million dollars in structured cash deposits into his personal bank accounts.  Sabino allegedly concealed his unlawful relationship by, among other things, making false statements on financial disclosure forms and during his background reinvestigation.

The Department of State’s Office of Inspector General, led by Steve A. Linick, and the FBI’s Washington Field Office investigated the case.  Trial Attorney Edward P. Sullivan of the Criminal Division’s Public Integrity Section and Assistant U.S. Attorney Jack Hanly of the Eastern District of Virginia prosecuted the case.

An indictment is merely an allegation.  All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

#

State/OIG Hotline and Resources For Whistleblowers in the Federal Service

 

 

State/OIG Shares Documents With Congress on Misinformation About Amb. Yovanovitch

 

Related posts:

Pompeo Now Concerned About Improper Treatment of “Distinguished Professionals”

 

Secretary Pompeo who has not done much about the improper treatment of career professionals
— such as inappropriate practices including 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 — despite the departure of some 50 employees from a bureau with 300 staffers —
is now concerned about “attempt to intimidate, bully, & treat improperly the distinguished professionals of the Department of State, including several career FSOs” from congressional committees exercising their oversight function.
Oopsie! We almost peed from laughing so hard!
Also, late breaking news says that State/OIG Steve Linick will be holding an “urgent” briefing Wednesday afternoon for staffers from several House and Senate Committees apparently “to discuss and provide staff with copies of documents related to the State Department and Ukraine.” The reported source of the documents is the Acting Legal Adviser.
The most recent Senate-confirmed Legal Adviser was Jennifer Gillian Newstead who served from January 22, 2018 to May 31, 2019 and is now the General Counsel at Facebook.
Marik A. String assumed office as Acting Legal Adviser on June 1, 2019. Mr. String state.gov’s bio says that he has 15 years of legal, policy, and military experience at the Department of State, Department of Defense, United States Senate, think tanks in the United States and overseas, and in private legal practice.” He also previously served as Senior Advisor to Deputy Secretary of State John Sullivan. Prior to private law practice, Mr. String served on the U.S. Senate Committee on Foreign Relations, where he held responsibilities as Deputy Chief Counsel and Senior Professional Staff Member. Mr. String, an officer in the U.S. Navy Reserve was educated at Georgetown University (J.D., Global Law Scholar), where he was an editor for The Georgetown Law Journal and at the University of Vienna (M.A., Fulbright Scholar). See Just Security’s piece on this appointment from June 2019.

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.