Posted: 3:20 am EDT
Last week, we posted a Burn Bag submission about ALDAC 16 State 27420 sent on Mar 15, 2016 on Foreign Service Promotion Eligibility Self-Certification and its alleged potential impact to future grievance (see Burn Bag: Foreign Service Promotion Eligibility Self-Certification and Potential Grievance). This self-certification is not/not related to the self-certification required by the Senate Foreign Relations Committee.
We’ve emailed Barbara Stephenson who was elected last year as AFSA president to inquire about this but received no response. We’ve also emailed Angie Bryan who was elected AFSA VP but only received an out of office response that she is on an extensive leave and is only at the office part-time. This might be the fourth or fifth time we have requested information from these elected representatives and so far, we have only managed to get one courteous auto response from one professional machine.
So we had to find some other insider who could help us understand what’s going on here. Our source who is familiar with the matter but is speaking on background explained to us that the Bureau of Human Resources (State/HR) has been trying for sometime to “make people aware of the actual requirements for promotion” and to “get them to take it seriously.” Apparently — and we didn’t know this — employees have theoretically been responsible for ensuring the accuracy of their personnel documents since at least 1974 (when the Privacy Act gave them the right to question that accuracy).
In any case, employees are reportedly required to certify that they have 1) completed the Leadership and Management Training requirement for their current grade; 2) reviewed the Career Development Program (CDP) appropriate for skill and grade; 3) reviewed their performance folder in their eOPF to ensure that all EERs (including military evaluations, if applicable), training reports, and awards (including approved awards for those who served on Active Military Duty) are included and any discipline documents scheduled for removal have been properly removed; 4) verified the accuracy of their information in their Employee Profile or correct the information if incorrect; and 5) not been on Leave Without Pay (LWOP) for more than 8 months during the rating period.
We specifically asked about a potential future grievance and here is our source’s personal view:
It would certainly be reasonable to assume that if you certified on the questionnaire that you had reviewed your file for accuracy and then later grieved claiming that your file were inaccurate, your self-certification might be evidence against you. On the other hand, I would also assume that if you demonstrated that you had tried to fix the error (e.g written to someone or used the online tool to open a help-desk ticket, and could demonstrate that it had not been corrected, that would be considered as well. The Department knows that it sometimes takes a while to fix things, and it must apply a reasonable person standard to the facts – e.g. if you had a current screen shot showing that the PAR [Performance Accountability Report] remained inaccurate, that would be pretty hard to ignore.
The situation would be harder if you had done nothing to correct the inaccuracy. The burden of proof in this type of grievance is always on the grievant to show that the Department, not the grievant, acted improperly. If the employee certified that he/she had reviewed his PAR and could not demonstrate having done something to correct an error, then clearly that burden of proof would be harder to meet. The Department could argue that the employee should have tried to fix it, and didn’t, ergo, the Department is not to blame. Likewise if the employee never applied for required training, or never even bid on a position that would meet a CDP requirement.
The explanation seems reasonable to us but we can understand why this would also be a cause for concern for others. We appreciate the Foggy Bottom Nightingale for responding to our questions. This is for information only and we urge employees to contact their elected representatives at AFSA if they have concerns about the self-certification requirements. Also, if the Bureau of Human Resources (State/HR) is indeed trying to get employees to “buy-in” to the self-certification requirements, we expect that State/HR or DGHR would have staffers available to answer questions and address concerns from employees.