Special Envoy to Haiti Daniel Foote Resigns in Protest, @StateDept & Friends Mount Concerted Attack

 

Back in July when the State Department announced the appointment of Ambassador Foote as Special Envoy to Haiti, it said, “Special Envoy Foote brings extensive diplomatic experience to this role – including as Deputy Chief of Mission in Haiti and as the U.S. Ambassador to Zambia. The Department congratulates Special Envoy Foote as he takes on his new role and thanks him for his continued service to his country.”
Today, as his resignation in protest over Haiti policy became public, the State Department as well as the Biden White House are mounting a concerted effort to smack him down.  The spoxes in Foggy Bottom and 1600 Pennsylvania Avenue both had something to say; it was not to thank him for his brief service as special envoy.
State Department spox Ned Price in his statement said …”not all ideas are good ideas.” The WH spox Jen Psaki said that Ambassador  Foote’s views were put forward, and they were were valued, they were heard …”. Also that “Special Envoy Foote had ample opportunity to raise concerns about migration … He never once did so.”
The State Department’s number #2 official, Deputy Secretary of State Wendy Sherman took time out from her busy schedule to give an exclusive interview to @McClatchy about this resignation – “You know, one of the ideas that Mr. Foote had was to send the U.S. military back to Haiti,” Sherman said. “It just was a bad idea.” she said. Then she said what the State Dept spox already said in his statement: “Some of those proposals were harmful to our commitment to the promotion of democracy….”. For him to say the proposals were ignored were, I’m sad to say, simply false,” Sherman said. She did say, you know, that she’s sad to say that.
Also Secretary Blinken being Tony and nice just said “I really understand the passion that comes with this.”
So then according to one reporter, an unnamed senior Biden Administration official also claimed that Ambassador Foote has a “toxic personality” & that Foote would often “shout people down and cut people off.” Toxic and shouty, and cut people off, blah, blah, blah!  And this is all coming out now after he resigned in protest? When are they going to tell us he also kicks his dog?
See, here’s the thing. They’re not just saying his ideas were valued and heard but oh, they were also just bad. But hey, did you know he wanted to send troops back to Haiti? Isn’t that also bad? And in case that doesn’t work, some official told a reporter, that the guy who quit has a toxic personality and was shouty, anyway.
This appears to be the first protest resignation under the Biden Administration. And you can see the all hands effort here. It is likely that 1) they recognized that the Foote letter would  resonate with a lot of people, 2) they’re looking at the domestic component and potential political fallout and 3) this serves as a warning for future dissenters on policy. Had Ambassador Foote just resigned quietly to spend more time with his family, State may have given him their “One Team” Award.
The Miami Herald says Ambassador Foote did not respond to requests for comment Thursday. Which makes the parade of named and unnamed characters talking about Foote’s resignation just stark by comparison.
Folks, he quit; he’s done. Why are y’all wasting time on the guy who already left the room?
Meanwhile, your Haiti policy is till a hot mess. Get to work, good grief!
Related posts:

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What’s up at OPM — why the immediate changes to login access to Employee Express?

 

The message reportedly went out from the Bureau of the Comptroller and Global Financial Services (CGFS) Global Compensation Communications Team on Wednesday, September 22, 2021, 08:50:00 AM PDT.The subject line says: “Immediate Changes to Login Access to Employee Express.”
Last Friday, September 17, 2021, the Office of Personnel Management (OPM) informed the Bureau of the Comptroller and Global Financial Services (CGFS) that the Employee Express (EEX) and Annuitant Employee Express (AEEX) user accounts will no longer be accessible by logging in with a username and password.
OPM is the agency that manages both the EEX and AEEX systems and suspended non-Personal Identification Card (PIV) and Common Access Card (CAC) access to EEX and AEEX as of 7:00 PM EST Friday, September 17.
OPM suspended it on Friday, and folks were notified the following Wednesday?
— Users will only be able to access their accounts using their agency-issued PIV Smartcard. This modification impacts both employee and annuitant customers.
— Customers who do not currently have a PIV Smartcard and need immediate assistance to access or modify payroll or benefits information that would typically be performed by EEX, should contact the following offices:
— For assistance with modifying Federal Employees Health Benefits (FEHB) information, contact Employee and Annuitant Services (EAS) at HRSC@state.gov or 1-866-300-7419.
— For PIV issues, please contact your bureau Information Technology department.
— For all other inquiries, please contact Payroll Customer Support by emailing Payhelp@state.gov.
OPM apparently has notified the State Department that they are working on an alternative solution for individuals who do not have a PIV Smartcard and plan to have this in place by November 1, 2021.
Oh, goody! That’s some five weeks away.
Now we want to know why the immediate urgency on these changes? Worth a question. Given it’s not too long ago when this happened — OPM Hack Compromises Federal Employee Records, Not Just PII But Security Clearance Info.

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Blinken’s #HavanaSyndrome Meeting, Also Spratlen is Out as Task Force Advisor

 

On September 3, we blogged about the Havana Syndrome again: Blinken Talks the Talk on Unexplained Health Incidents, Where’s the Walk? #HavanaSyndrome.
On September 21, NBC News reported that Secretary Blinken finally did meet with diplomats who were afflicted with the  Havana Syndrome mystery illness. It did not go very well, did it?
Via NBC News:

“It’s just incredibly sad. It’s the worst part of bureaucracy,” one of the diplomats said, describing the call as “identical to so many other phone calls” where they’re told about protocols in place to ensure proper treatment. “It’s so maddening because those protocols aren’t in place — not the way they think they are.”
[…]
A senior State Department official, responding to questions about Blinken’s call with the diplomats, acknowledged that there’s “frustration” among the group about a perceived stigma or lack of empathy by their colleagues, but said it did not extend to those at the top.

“That’s certainly not the case with the secretary and the senior leadership,” the official said in an interview. “Everyone is taking it seriously as a real issue that is affecting people who are experiencing real symptoms.”

Which members of the senior leadership is the SDO official talking about?

Diplomats told NBC News they were dismayed that Ambassador Pamela Spratlen, tapped by the Biden administration to oversee the State Department’s response, declined to conclusively rule out the mass hysteria theory.
[…]
One diplomat on the call described that response as “invalidating and inconsiderate.” Another said that Spratlen was “very clearly saying that she has not ruled out that we’re crazy.”  “In the end, we were interrupting Spratlen to try to get people in” to speak, a third diplomat on the call said. “It was ugly.”

Folks, if they’re talking about protocols in place that aren’t in place almost seven months after Blinken took office, then one can’t help but agree that Secretary Blinken is treating this “as an afterthought” as per former Senior CIA official Marc Polymeropoulos.
Another reason why we agree? Ambassador Spratlen who was appointed as Senior Advisor to the Havana Syndrome Task Force back in March is reportedly leaving after six months on the job. “The State Department says she’d reached her threshold of allowed labor hours under her status as a retiree.
Well, dammit! So Foggy Bottom did not know that she’s going to max out on her allowed labor hours? Excuse me, did they think this job is going to be done after 950 hours on the job? (Also see Havana Syndrome Questions @StateDept Refuses to Answer). Note that State Department’s re-employed annuitant employees can work no more than 1,040 hours during their appointment year.
McClatchy says that Blinken “considers choosing her [Spratlen’s] replacement an important decision, a senior State Department official said.
“The secretary has been seized with this issue even before he became secretary,” the official said. “One of the meetings he proactively requested before the transition was on this issue.”
Oh holymoly guacamole, give it a rest PR people! This is an old, old tired trick, even an old dog would not pick up this stick!
Frankly, this is  getting to be so exhausting! Look. The fact of the matter is it doesn’t matter if Secretary Blinken requested “proactively” a meeting on the Havana Syndrome issue BEFORE the transition.
In fact, the next State Department official to bring up Blinken’s request for a Havana Syndrome briefing before the transition should be promptly fired for persistently living in the past.
What matters is — what Blinken is doing about this issue NOW.

@StateDept Announces Commissioner General For UAE-Funded USA Pavilion in @Expo2020Dubai

 

Filed under the “living beyond our means” folder. The State Department announced recently the appointment of the USA Pavilion Commissioner General for the Expo 2020 in Dubai. Somebody forgot to mention that without the reported $60 million funding generosity from the United Arab Emirates, there would be no USA Pavilion for the commissioner to showcase American culture and innovation.
Holy guacamole, yes, you are free to quibble. It’s the World’s Fair, after all, so it’s all perfectly fine .. FINE… Friends don’t let friends attend the World’s Fair without their own pavilion to showcase.  Isn’t that what those wise, folks say?
Jan 2020: United Arab Emirates to Pay For Estimated $60Million USA Pavilion in Expo2020 Dubai #foreignassistance
Feb 2016: USA Pavilion at World Expo Milan 2015 and $26 Million of Unpaid Invoices

@StateDept’s Deferred Maintenance Backlog For Overseas Properties Estimated at $3Billion

 

The GAO recently released its review of the State Department’s overseas real property assets:
State’s Bureau of Overseas Buildings Operations operates and maintains over 8,500 owned and leased real property assets, including both buildings and structures. According to State, at least 60 percent of a building’s total lifecycle cost stems from operations and maintenance costs. GAO has reported that deferring maintenance and repairs can lead to higher costs in the long term and pose risks to agencies’ missions.
GAO was asked to review State’s efforts to manage its operations and maintenance needs. This report examines (1) how operations and maintenance funding for overseas assets changed from fiscal years 2016 through 2020, (2) the condition and maintenance needs of State’s overseas assets, and (3) the extent to which State has followed leading practices to address its deferred maintenance backlog.
Officials said they had not found it necessary to specifically request such funding because they only determined that the backlog had substantially increased from $96 million in fiscal year 2019 to $3 billion in fiscal year 2020 after using a new methodology for estimating deferred maintenance and repair. In addition, State does not have a plan to address the backlog, but officials estimated it could take 30 to 40 years to eliminate the backlog with current funding levels.
Dear, lord! What is this going to be like by 2050?

Excerpts from the report:

Assets/Operations Up, Maintenance Funding Nearly Unchanged

–The Department of State’s portfolio of overseas assets and expenditures to operate them have grown, but State-allocated funding for maintenance has stayed nearly the same. For fiscal years 2015 through 2019, both the number and square footage of State’s assets increased 11 percent and operations expenditures grew 24 percent. However, maintenance and repair funding has remained nearly unchanged.

— State’s allocation for Maintenance Cost Sharing—for projects collectively funded by State and tenant agencies overseas—was $399 million in fiscal year 2016 and $400 million in 2020.

From fiscal years 2016 through 2020, building operating expenditures for State and other agencies that work at overseas assets increased by 24
percent, from $530 million to $656 million annually. State’s allocated funding for maintenance and repairs for overseas assets has remained about the same in recent years, averaging $505 million from fiscal years 2016 through 2020.

That $3 Billion Could be Higher

— State set a single acceptable condition standard of “fair” for all assets and did not consider whether some assets, like chancery office buildings, were more critical to State’s mission when estimating its $3 billion deferred maintenance backlog. Had State set a higher condition standard for critical assets, its backlog would be higher.

It All Adds Up Over Time

Older chancery office buildings tend to be in poor condition and are a challenge to maintain. As shown earlier in table 4, we found that 72 of
216 (or 33 percent) chancery buildings—that OBO identifies as mission
condition due to a large amount of deferred maintenance that has built up
over time.

Ambassadorial Residences Take Note

In discussing the condition of ambassadorial residences with State, OBO officials said they have taken steps to evaluate and rank State’s
ambassadorial residences that are in need of major rehabs. OBO officials told us that State has preliminarily identified the need to rehabilitate or
replace ambassadors’ residences in Beijing, China; Kathmandu, Nepal; Nairobi, Kenya; Ottawa, Canada; Paris, France; Sarajevo, Bosnia and
Herzegovina; and Tegucigalpa, Honduras. However, OBO officials said there is no formal schedule for rehabilitating ambassadorial residences
because there is no predictable annual funding for rehabilitating State-only occupied assets.

More than a Quarter of Properties in “Poor Condition”

— More than a quarter of the State Department’s overseas buildings and other real properties are in poor condition by State’s condition standards, including almost 400 buildings and other assets that State considers critical to its mission.

FY21 $100 Million Request: Specific But Not Really

According to OBO officials, they outlined specific funding requested for maintenance and repair, including minor construction and improvement, in an appendix to State’s congressional budget requests. State’s fiscal year 2021 budget requested $100 million to address DM&R for State’s non–cost shared facilities. However, OBO officials noted that this funding was for the minor construction and improvement program (or modernization
budget), which does not specifically address the DM&R backlog.

GAO made five recommendations to the State Department:

The Secretary of State should ensure that that the Director of OBO reassess State’s acceptable condition standard for all asset types and
mission dependencies, to include whether mission criticality justifies a different standard among assets. (Recommendation 1)

The Secretary of State should ensure that the Director of OBO incorporates the mission criticality of its assets when deciding how to target maintenance and repair investments. (Recommendation 2)

The Secretary of State should ensure that the Director of OBO monitors posts’ completion of annual condition assessments that use a standardized inspection methodology, so that State has complete and consistent data to address its deferred maintenance and repair backlog. (Recommendation 3)

The Secretary of State should ensure that the Director of OBO develops a plan to address State’s deferred maintenance and repair backlog, and specifically identifies the funding and time frames needed to reduce it in congressional budget requests, related reports to decision makers, or
both. (Recommendation 4)

The Secretary of State should ensure that the Director of OBO employs models for predicting the outcome of investments, analyzing tradeoffs,
and optimizing among competing investments. (Recommendation 5)

 

Click to access gao-21-497.pdf

UHI in the News: ‘Havana Syndrome’ and the Mystery of the Microwaves

 

More clips about the unexplained health incidents (also known as Havana Syndrome) from BBC, an interview with retired CIA officer with PRI, and another case reported from the Canadian Foreign Service where “A high-ranking Canadian diplomat in Cuba was flown home for assessment this year after experiencing an attack consistent with Havana syndrome.”
Via BBC:

“This is not Havana syndrome. It’s a misnomer,” argues Mr Zaid, whose clients were affected in many locations. “What’s been going on has been known by the United States government probably, based on evidence that I have seen, since the late 1960s.”

Since 2013, Mr Zaid has represented one employee of the US National Security Agency who believed they were damaged in 1996 in a location which remains classified.

Mr Zaid questions why the US government has been so unwilling to acknowledge a longer history. One possibility, he says, is because it might open a Pandora’s Box of incidents that have been ignored over the years. Another is because the US, too, has developed and perhaps even deployed microwaves itself and wants to keep it secret.

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Related posts

 

 

EEOC: @StateDept Failed to Provide Legitimate, Nondiscriminatory Reason for Not Promoting Complainant

 

Via EEOC: Terrie M. v. Dep’t of State,  EEOC Appeal No. 2019002167 (Sept. 22, 2020).
Agency Failed to Provide Legitimate, Nondiscriminatory Reason for Not Promoting Complainant.
Complainant, a Consular Section Chief at a U.S. Embassy, alleged, among other things, that the Agency discriminated against her on the basis of sex when it failed to promote her.  The Commission found that Complainant established a prima facie case of sex discrimination, and the Agency failed to articulate a legitimate, nondiscriminatory reason for its action.  Complainant was qualified for a promotion, as evidenced by her Employee Assessment Reviews, and responding management officials acknowledged that Complainant was eligible for the promotion.  Moreover, Complainant asserted that the prior curtailments of her overseas assignments due to her high-risk pregnancy impacted the ranking she received in the promotion process.  Therefore, Complainant had raised an inference that her sex was a factor in her non-selection for promotion.  The Commission found that the Agency failed to overcome Complainant’s prima facie case because the evidence was not sufficient to provide a specific, clear, and individualized explanation as to why Complainant was not selected for promotion.  While the Agency explained the general mechanics of the promotion process, it failed to provide an individualized explanation for Complainant’s specific situation.  The Agency was ordered, among other things, to retroactively promote Complainant, with appropriate back pay and benefits, and investigate her claim for damages.  Terrie M. v. Dep’t of State,  EEOC Appeal No. 2019002167 (Sept. 22, 2020).
Excerpt:

In the instant complaint, Complainant has alleged that because she is a woman who got pregnant  twice and had to curtail her assignments as a result, she was disadvantaged in the selection for promotion process. To prevail in a disparate treatment claim, Complainant must satisfy the three-part evidentiary scheme fashioned by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). Complainant must initially establish a prima facie case by demonstrating that she was subjected to an adverse employment action under circumstances that would support an inference of discrimination. Furnco Constr. Corp. v. Waters, 438 U.S. 567, 576 (1978). Proof of a prima facie case will vary depending on the facts of the particular case. McDonnell Douglas, 411 U.S. at 802 n.13. The burden then shifts to the Agency to articulate a legitimate, nondiscriminatory reason for its actions. Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 253 (1981). To ultimately prevail, Complainant must prove, by a preponderance of the evidence, that the Agency’s explanation is pretextual. Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133, 120 S. Ct. 2097 (2000); St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 519 (1993). To establish a prima facie case of sex discrimination, a complainant must show that: (1) she is a member of a protected group; (2) she is qualified for her position; (3) she suffered an adverse employment action; and (4) the circumstances give rise to an inference of discrimination.

Based on record evidence, we find that Complainant has established a prima facie case of sex discrimination. First, Complainant belongs to a protected group as she is female. Complainant is also qualified for promotion to the FSO-03 position. HDR1 also acknowledged that Complainant was eligible for the promotion; and the evidence shows that Complainant was a high-performing FSO as demonstrated by her EARs. Moreover, Complainant has asserted that she believes her prior curtailments of her assignments overseas due to her high-risk pregnancy impacted the ranking she received in the promotion process. Therefore, Complainant has raised an inference that her sex was a factor in her non-selection for promotion.3 Because Complainant established a prima facie case of sex discrimination, the Agency now has the burden of producing a legitimate, non-discriminatory explanation for not selecting Complainant for promotion.

Here, DDHR1, corroborated by DDHR2, explained that Complainant was not selected for promotion because she had been mid-ranked by the Selection Board. To support this explanation, the record only includes the same generalized information about the rules governing the selection process that the Commission had previously found insufficient, and which resulted in the complaint being remanded for a supplemental investigation. The record does not include pertinent documentation reviewed by the Selection Board and information regarding comparators. Also missing from the record are comparative data related to Complainant’s protected class or affidavits from Selection Board members; and thestatement of the Agency’s reasons for mid-ranking Complainant that led to her consequent non-selection for promotion. Moreover, the supporting testimony provided by DDHR2 does not add relevance to the instant complaint because, as Complainant stated, DDHR2 had only been in her position since June 1, 2018, nearly four years after Complainant’s non-promotion incident. DDHR2 herself indicated that she had no personal knowledge about Complainant or her non-promotion. In fact, the extent of the Agency’s explanations for its actions is that promotion decisions are based only on the documentation in the candidates’ Official Performance Folder for the most recent five years and at grades FS-02 and above, on the security incident records. The two DDHRs also stated that PE staff does not have information related to, nor will they address, personal or assignment decisions of employees, and only from the material submitted by the employee to his/her eOPF could this information be known.

We find that the evidence presented by the Agency is not sufficient to provide a specific, clear, and individualized explanation as to why Complainant was not selected for promotion in 2014. The Agency explained the general mechanics of the promotion process but failed to provide an individualized explanation for Complainant’s specific situation. See, e.g., Koudry v. Dep’t of Educ., Request No. 0520100196 (Apr. 13, 2010) (discrimination found where agency merely explained the mechanics of selection process, provided list of candidates deemed best qualified, and summarized applications of selectee and complainant, but failed to provide statements from selecting officials explaining how complainant’s qualifications were evaluated compared to selectee’s qualifications). The record does not indicate how the Agency determined which 76 candidates were selected for promotion or why Complainant was not one of the 76. Merely indicating that the Selection Boards rely only on information in candidates’ eOPF for making promotion decisions is not enough. Moreover, we add that the record also does not identify how or why the 76 candidates selected for promotion in 2014 received their scores and rankings. Simply stating that candidates who are mid-ranked do not receive scores is inadequate.

Moreover, nothing in the record provides a basis for dispelling Complainant’s belief that the staff of HR/PE had access to her curtailment memo as well as access to her personnel files which contained information about her pregnancy and presumably communicated with post leadership about the curtailment. Neither did the Agency refute Complainant’s assertion that the Board may have been aware of her pregnancy because the panel works closely with HR on promotions; and that the Board was also aware of the gaps in her tours and the shortened lengths of her tours because that was reflected in her personnel and evaluation files. As the Agency never presented any testimony from the Board members who reviewed Complainant’s promotion materials, we are left with only Complainant’s unrebutted assertions.

We note DDHR2’s statements that the Board notes are only retained for one year after dismissal of the FSSB and, therefore, were no longer available. In that regard, because Complainant filed her EEO complaint within a year of her non-selection for promotion, those statements should have been made available to the Investigator, given there was an ongoing EEO complaint being processed on this selection. See EEOC regulations at 29 C.F.R. Section 1602.14 (requiring employers to retain “all personnel records relevant to the charge or action until final disposition”

ORDER (D0617)
The Agency is ordered to take the following remedial actions:
I. The Agency will promote Complainant to FS-03 retroactively to the date she would have been promoted in 2014 absent discrimination, within thirty (30) calendar of the date this decision is issued.5 II. The Agency shall pay Complainant back pay with interest from the date in 2014 when Complainant would have started in the FS-03 position. The Agency shall determine the appropriate amount of back pay, with interest, and other benefits due Complainant, pursuant to 29 C.F.R. § 1614.501, no later than sixty (60) calendar days after the date this decision was issued. The Agency will ensure that all tax consequences are taken into account. Complainant shall cooperate in the Agency’s efforts to compute the amount of back pay and benefits due and shall provide all relevant information requested by the Agency. If there is a dispute regarding the exact amount of back pay and/or benefits, the Agency shall issue a check to Complainant for theundisputed amount within sixty (60) calendar days of the date the Agency determines the amount it believes to be due. Complainant may petition for enforcement or clarification of the amount in dispute. The petition for clarification or enforcement must be filed with the Compliance Officer, at the address referenced in the statement entitled “Implementation of the Commission’s Decision.”
III. The Agency will conduct and complete a supplemental investigation on the issue of Complainant’s entitlement to compensatory damages and will afford her an opportunity to establish a causal relationship between the Agency’s discriminatory action and her pecuniary or non-pecuniary losses, if any.  ….

The order is accompanied by a “Posting Order” which required the State Department to post the EEOC Notice signed by agency representative in DOS Washington, DC offices – in both hard copy and electronic format within 30 calendar days of the decision dated September 22, 2020, and to remain in place for 60 consecutive days in “conspicuous places”.  Anyone saw this posting order anywhere in the obscure corners of the Intranet?
Having seen the State Department  and the federal government negotiate on claims for damages like this, we would not be surprised if the negotiations for damages would run on not just for weeks, but months, even years. The goal is not really to find an agreement — the government has lawyers with limitless hours billable to Uncle Sam — the goal appears to be to negotiate up to the point where the complainant is exhausted that he/she would take whatever deal the government offers. Someday, somebody should calculate the costs when the government drag on these negotiations, as opposed to expeditious settlement when it is found to be in the wrong.
Read in full below:

Click to access 2019002167.pdf

 

How soon before somebody needs to spend more time with the family?

 

Related: WaPo: Surprise, Panic and Fateful Choices, the Fall of Kabul

 

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