@StateDept Finally Confirmed Expulsion of Embassy Moscow DCM Bart Gorman

 

US Embassy Moscow’s Deputy Chief of Mission Bart Gorman and his family departed Moscow on February 10 after being declared persona non grata by the Russian Federation. This blog learned of that departure on February 10. We posted about it on February 14 (see On Russia’s Diplomats’ Day, Moscow Kicks Out US Embassy DCM).
On February 17, the State Department spox confirmed to the press the expulsion. The State Department called the expulsion “unprovoked” and that the United States  “consider this an escalatory step” and is  “considering” its response.  “DCM Gorman’s tour had not ended; he had a valid visa, and he had been in Russia less than three years.”
According to TASS, the Russian MFA said that this “was done strictly in retaliation for the groundless expulsion of a minister-counselor of our embassy in Washington, contrary to his senior diplomatic rank. Moreover, the US Department of State defiantly ignored our request for prolonging his stay at least until a substitute arrived.”
So the Russian Embassy DCM’s diplomatic tour in DC concluded and the State Department refused to extend his visa. And the Russians were mad that their request was “defiantly ignored” … therefore they kicked out the guy in Moscow whose diplomatic tour and visa are still valid.
The State Department’s statement also includes this part: “We note that Russia’s actions have led to the U.S. mission to Russia being staffed at levels well below the Russian mission to the United States.”
And?

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@StateDept Settles Title VII Discrimination in Federal Employment For $500K

 

According to the Treasury Department’s Judgment Fund, the State Department paid $500,000 in settlement under 42-USC-2000e-16 for a Title VII Discrimination in Federal Employment.
Title VII prohibits employment discrimination based on race, color, religion, sex and national origin.
The payment under Control 202201949, Payment ID 017762022 was sent on January 25, 2022.
This was a case in the U.S. District Court of the District Court of Columbia (Agency File #18-3065). The data does not include the name of the payee. We have been unable to locate the 18-3065 file.

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On Russia’s Diplomats’ Day, Moscow Kicks Out US Embassy DCM

 

US Embassy Moscow’s Deputy Chief of Mission Bart Gorman and his family departed Moscow on February 10 after being declared persona non grata by the Russian Federation, this blog has learned.
The US Embassy in Moscow did not respond to our inquiry.
Mr. Gorman was Chargé d’affaires at US Mission  Russia after the departure of Ambassador Jon M. Huntsman Jr. who served in Moscow from October 2, 2017–October 3, 2019. Ambassador John J. Sullivan (1959–) assumed charge of the mission in January 2020 and Mr. Gorman continued as his deputy. Below is Mr. Gorman’s bio via Embassy Moscow:

Bart Gorman is a career member of the Senior Foreign Service, Mr. Gorman is responsible for managing key aspects of the U.S. – Russia relationship.

From 2017-2019, Mr. Gorman served as the Deputy Assistant Secretary and Assistant Director for Threat Investigations and Analysis (TIA), Bureau of Diplomatic Security, U.S. Department of State. In this capacity, he oversaw all Diplomatic Security programs that analyze, assess, investigate, and disseminate information on threats directed against U.S. diplomatic personnel overseas and domestically.

Previously, Mr. Gorman worked as the Director of Diplomatic Security’s Office of Intelligence and Threat Analysis (DS/ITA), where he led a cadre of analysts and support staff responsible for enhancing the safety and security of U.S. diplomatic facilities, personnel, and other key constituencies by monitoring, analyzing, and providing warnings about threats impacting U.S. interests worldwide.

Mr. Gorman has also served as the Senior Regional Security Officer (RSO) in Moscow, Russia (2014-2016); the Senior Deputy RSO in Baghdad, Iraq (2013-2014); the RSO in Amman, Jordan (2010-2013); the Deputy RSO in Beijing, China; a threat analyst in DS/ITA (2004-2006); the RSO in Almaty, Kazakhstan (2002-2004); the RSO in Yerevan, Armenia (2001-2002); and an Assistant RSO in Moscow, Russia (1999-2001). His first assignment as a special agent was in the New York Field Office (1999).

Mr. Gorman holds a Ph.D. and MA in Slavic Literatures and Languages from the University of Southern California, and a BA from Colgate University. He also holds an MS in Strategic Intelligence from the National Intelligence University.

Mr. Gorman is married to Donna Gorman and they have four children, ages 19, 16, 13, and 11.

 

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USG to Open an Embassy in Honiara, Solomon Islands — Send Bids Now?

 

 

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US Embassy Minsk Now on Ordered Departure For USG Family Members

 

On January 31, the State Department issued a Level 4-Do Not Travel advisory for Belarus. It also announced the “ordered departure” of family members of USG employees from Belarus. Ordered departure is a mandatory evacuation order. Excerpt below:

Do not Travel to Belarus due to the arbitrary enforcement of laws, the risk of detention, and unusual and concerning Russian military buildup along Belarus’ border with Ukraine. Reconsider travel due to COVID-19 and related entry restrictions.

On January 31, 2022, the Department of State ordered the departure of family members of U.S. government employees.

Due to an increase in unusual and concerning Russian military activity near the border with Ukraine, U.S. citizens located in or considering travel to Belarus should be aware that the situation is unpredictable and there is heightened tension in the region. On January 23, 2022, the Department of State also authorized the voluntary departure of U.S. direct hire employees (USDH) and ordered the departure of eligible family members (EFM) from Embassy Kyiv due to the continued threat of Russian military action. Potential harassment targeted specifically at foreigners is also possible.  Given the heightened volatility of the situation, U.S. citizens are strongly advised against traveling to Belarus.

The U.S. government’s ability to provide routine or emergency services to U.S. citizens in Belarus is already severely limited  due to Belarusian government limitations on U.S. Embassy staffing.

Read the full announcement here.
In June 2021, the Belarus Foreign Ministry summoned the Charge d’Affaires at the US Embassy in Minsk and informed him of retaliatory measures against the United States. The measures included the reduction of the diplomatic and administrative-technical personnel of the American diplomatic mission, the tightening of visa procedures, the limitation of the work of American specialists in Belarus on a temporary basis. The government also revoked the work permit for USAID.
In 2008, the Belarusian Government imposed restrictions on the number of U.S. diplomats allowed in Minsk, and the State Department was forced to reduce its embassy staff from 35 to five diplomats as well as withdraw the U.S. Ambassador. The number of U.S. diplomats was later increased to six in July 2014. The current CDA Ruben Harutunian assumed his duties as deputy chief of mission at the U.S. Embassy in Minsk on May 24, 2021.
In April 2020, with improved relations with the dictator in Belarus, the Trump Administration announced the nomination of  career diplomat Julie Fisher as the first U.S. Ambassador to Minsk since 2008. She was confirmed in December 2020.  It April 2021, Ambassador Fischer was reported to temporarily reside in Lithuania as she was not granted a visa to travel to Minsk. Her official bio at US Embassy Minsk says she was refused a visa by the Belarus authorities, and she relocated to Lithuania in October 2021. She currently holds the title of U.S. Special Envoy for Belarus, a position with ambassadorial rank.

Related posts:

Snapshot: Geographic Distribution of @StateDept Family Member Employment (Fall 2021)

Via State/FLO (FAMER)

 

Related posts:

Snapshot: Family Members Employed at US Missions Overseas by Bureau 2018-2021

 

Via State/FLO-FAMER

Related posts:

Snapshot: Unemployment Status of @StateDept Family Members Overseas (Fall 2021)

 

Via State/FLO:

Related posts:

Senate Cuts Loose 44 @StateDept/USAID Hostages, Two FS Lists Before Running Out the Door

 

The Senate adjourned for the holiday break early morning Saturday at 4:04am ET. The Senate returns on Monday, January 3, 2022 for the beginning of the 2nd session of the 117th Congress.
Except for Rahm Emanuel (nominee for Japan) and Atul Atmaram Gawande (nominee for USAID), all nominations in this group were confirmed via voice vote. See, it wasn’t hard, was it?
Many more nominees are stuck in super glue in the Senate’s Executive Calendar. Over 50 more are pending in Committee. We don’t know how many will require renominations in January.
We expect that some senators will continue to play the game of hold next year because there are no consequences from voters for these actions. Politico’s Global Insider on December 17 notes that the confirmation mess will continue to grow. Apparently, some nominees were even told by the administration to “lobby for themselves.” What-the-what? Happy holidays and that’s not in$$$ane at all!

AMBASSADORSHIPS: CAREER FOREIGN SERVICE

2021-12-18 PN377 ALGERIA – Elizabeth Moore Aubin, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People’s Democratic Republic of Algeria.

2021-12-18 PN382 ANGOLA/SAO TOME AND PRINCIPE – Tulinabo S. Mushingi, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Angola, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Republic of Sao Tome and Principe.

2021-12-18 PN378 BAHRAIN – Steven C. Bondy, of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Bahrain.

2021-12-18 PN786 BANGLADESH – Peter D. Haas, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the People’s Republic of Bangladesh.

2021-12-18 PN1009 BENIN – Brian Wesley Shukan, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Benin.

2021-12-18 PN911 BOSNIA AND HERZEGOVINA – Michael J. Murphy, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Bosnia and Herzegovina.

2021-12-18 PN910 BRUNEI – Caryn R. McClelland, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Brunei Darussalam.

2021-12-18 PN732 THE GAMBIA – Sharon L. Cromer, of New York, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of The Gambia.

2021-12-18 PN381 CAMEROON – Christopher John Lamora, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cameroon.

2021-12-18 PN937 CENTRAL AFRICAN REPUBLIC – Patricia Mahoney, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Central African Republic.

2021-12-18 PN417 REPUBLIC OF THE CONGO – Eugene S. Young, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of the Congo.

2021-12-18 PN1033 EQUATORIAL GUINEA – David R. Gilmour, of the District of Columbia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Equatorial Guinea.

2021-12-18 PN733 GUINEA – Troy Damian Fitrell, of Virginia, a Career Member of the Senior Foreign Service, Class of Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Guinea.

2021-12-18 PN379 LESOTHO – Maria E. Brewer, of Virginia, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Lesotho.

2021-12-18 PN873 MOLDOVA – Kent Doyle Logsdon, of Pennsylvania, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Moldova.

2021-12-18 PN939 MOZAMBIQUE – Peter Hendrick Vrooman, of New York, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Mozambique.

2021-12-18 PN383 SENEGAL/GUINEA-BISSAU – Michael Raynor, of Maryland, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Senegal, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Guinea-Bissau.

2021-12-18 PN376 SOMALIA – Larry Edward Andre, Jr., of Texas, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Somalia.

2021-12-18 PN897 SRI LANKA – Julie Chung, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Democratic Socialist Republic of Sri Lanka.

2021-12-18 PN1005 TOGOLESE REPUBLIC – Elizabeth Anne Noseworthy Fitzsimmons, of Delaware, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Togolese Republic.

2021-12-18 PN380 VIETNAM – Marc Evans Knapper, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Socialist Republic of Vietnam.

AMBASSADORSHIP: CAREER EXECUTIVE SERVICE

2021-12-18 PN734 PARAGUAY – Marc Ostfield, of Pennsylvania, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Paraguay.

AMBASSADORSHIPS: NON-CAREER/POLITICAL APPOINTEES

2021-12-18 PN1029 ARGENTINA – Marc R. Stanley, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Argentine Republic.

2021-12-18 PN1225 BELGIUM – Michael M. Adler, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Belgium.

2021-12-18 PN738 COSTA RICA – Cynthia Ann Telles, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Costa Rica.

2021-12-18 PN785 FRANCE/MONACO – Denise Campbell Bauer, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the French Republic, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Monaco.

2021-12-18 PN774 IRELAND – Claire D. Cronin, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Ireland.

2021-12-18 PN1004 POLAND – Mark Brzezinski, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Poland.

2021-12-18 PN938 SPAIN/ANDORRA – Julissa Reynoso Pantaleon, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Spain, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Andorra.

2021-12-18 PN958 SLOVENIA – Jamie L. Harpootlian, of South Carolina, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Slovenia.

2021-12-18 PN1226 SWEDEN – Erik D. Ramanathan, of Massachusetts, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Sweden.

2021-12-18 PN1030 SWITZERLAND/LIECHTENSTEIN – Scott Miller, of Colorado, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Swiss Confederation, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Principality of Liechtenstein.

2021-12-18 PN1058 JAPAN – Rahm Emanuel, of Illinois, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Japan.

STATE DEPARTMENT

2021-12-18 PN922 MANAGEMENT – John R. Bass, of New York, a Career Member of the Senior Foreign Service, Class of Career Minister, to be an Under Secretary of State (Management).

2021-12-18 PN384 STATE/IO – Michele Jeanne Sison, of Maryland, a Career Member of the Senior Foreign Service, Class of Career Ambassador, to be an Assistant Secretary of State (International Organization Affairs).

2021-12-18 PN616 STATE/PROTOCOL – Rufus Gifford, of Massachusetts, to be Chief of Protocol, and to have the rank of Ambassador during his tenure of service.

2021-12-18 PN547 Department of State – Adam Scheinman, of Virginia, to be Special Representative of the President for Nuclear Nonproliferation, with the rank of Ambassador.

2021-12-18 PN776 Department of State – Bathsheba Nell Crocker, of the District of Columbia, to be Representative of the United States of America to the Office of the United Nations and Other International Organizations in Geneva, with the rank of Ambassador.

2021-12-18 PN781 Department of State – Jack A. Markell, of Delaware, to be Representative of the United States of America to the Organization for Economic Cooperation and Development, with the rank of Ambassador.

2021-12-18 PN552 Department of State – Christopher P. Lu, of Virginia, to be Representative of the United States of America to the United Nations for U.N. Management and Reform, with the rank of Ambassador.

2021-12-18 PN553 Department of State – Christopher P. Lu, of Virginia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during his tenure of service as Representative of the United States of America to the United Nations for U.N. Management and Reform.

2021-12-18 PN934 Department of State – Mark Gitenstein, of Washington, to be Representative of the United States of America to the European Union, with the rank and status of Ambassador Extraordinary and Plenipotentiary.

2021-12-18 PN935 Department of State – Laura S. H. Holgate, of Virginia, to be Representative of the United States of America to the Vienna Office of the United Nations, with the rank of Ambassador.

 

USAID

2021-12-18 PN415 Marcela Escobari, of Massachusetts, to be an Assistant Administrator of the United States Agency for International Development.

2021-12-17 PN874 Atul Atmaram Gawande, of Massachusetts, to be an Assistant Administrator of the United States Agency for International Development.

FOREIGN SERVICE LISTS

2021-12-16 PN726 Foreign Service | Nominations beginning Arthur W. Brown, and ending Peter C. Trenchard, which 35 nominations were received by the Senate and appeared in the Congressional Record on June 22, 2021.

2021-12-16 PN728-1 Foreign Service | Nominations beginning Rahel Aboye, and ending Kyra Turner Zogbekor, which 153 nominations were received by the Senate and appeared in the Congressional Record on June 22, 2021.

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Related post:

 

FSGB: When Voluntary Curtailment Is NOT Truly Voluntary

 

This is part 1 of two parts we want to post about this specific grievance case. We want to highlight this part of the curtailment process that’s called “voluntary” because it was not a voluntary one, but a “coerced voluntary curtailment”. We have no idea who are the individuals involved in this case, of course, but we are aware of how the so called “voluntary” curtailment has been misused and far from being voluntary in other cases in the past.
The chief of mission was supposed to “ensure that rigorous standards apply to curtailment requests.” Whatever standards were applied in this case could not be called rigorous by any stretch of the imagination. Good grief, the ARSO wrote a false report! As if that was not enough, a supervisor engaged in deceitful behavior. And State basically shrugged its admirable shoulders, and said who cares?
Record of Proceedings
FSGB Case No. 2019030 | September 30, 2020
INTERIM DECISION  (CORRECTED 10/05/2020)

We find here that the procedures for curtailing grievant violated 3 FAM 2443.2. The due process provisions of the regulation were not
followed. Grievant was given an ultimatum to voluntarily curtail, or he would be involuntarily curtailed, when the Ambassador had limited information and the grievant had not been given any of the due process rights outlined in 3 FAM 2443.2 and the guideline cables provided below.
The applicable FAM, 3 FAM 2443.2 Involuntary Curtailment at Request of Chief of Mission, reads:

a. If the chief of mission determines that curtailment of an employee’s tour of duty would be in the best interests of the post [or] the employee, the chief of mission may ask that the employee’s tour of duty be curtailed immediately.

b. If the employee is an employee of the Department of State, the chief of mission should submit a request through the DIRGEN [Director General] channel to the Director General of the Foreign Service requesting curtailment of the employee. The request must:


(1) Include background information on any incidents that support the request;

(2) Confirm that the employee has been informed of the request and the reasons therefore; and

(3) Confirm that the employee has been advised that he or she may submit comments separately.


c. If the employee requests curtailment, the chief of mission should use the DIRGEN channel to:


(1) Inform the Director General of the chief of mission’s support of the employee’s request; and

(2) Explain fully the circumstances that, in the chief of mission’s judgment, justify immediate curtailment.


d. Except in cases of serious misconduct, criminal activities, or actions that have serious security implications, a chief of mission may offer the employee the alternative of submitting a request for immediate voluntary curtailment. If the employee is an employee of another agency, the request should be submitted to [their appropriate officials]. … The same supporting information required in 3 FAM 2443.2 should be used in requesting curtailment.57

According to the Decision Memo, the Ambassador invoked 16 STATE 27226, issued on March 14, 2016, Chief of Mission Instructions Regarding Conduct and Discipline Abroad, to determine that curtailment was necessary in this case. The summary describes the cable as the
first of two issued that date to provide guidance on conduct and discipline issues. The cable notes that COMs have full legal authority for the supervision of all government executive branch employees in that country.

The other memo issued on the same date, 16 STATE 27212, Curtailment of Employees Based on Conduct and Disciplinary Issues (Checklist), provides detailed procedures for handling curtailments. Among the relevant paragraphs are:

Par. 1. Curtailment may include the employee’s immediate departure from post, and can be voluntary or involuntary. As COM, you must ensure that rigorous standards apply to curtailment requests. Curtailments disrupt lives of employees and entail high professional and monetary cost from the Service in terms of lost productivity, service, and frequently, investment in training. Therefore, this authority must be used with judicious care and restraint.

Par. 2. If you, as COM, determine that curtailment of an employee’s tour of duty would be in the best interests of the post [or] the Service … you may request that the employee’s tour of duty be curtailed immediately. Per 3 FAM 2443.2, you should submit a request through the DIRGEN [Director General] channel to the Director General of the Foreign Service. The curtailment cable request must:

o include background information on any incidents that support the request;

o confirm that the employee has been informed of the request and the reasons therefor; and

o confirm that the employee has been advised that he or she may submit comments separately.

..HR strongly encourages post to share the request cable with the employee so the employee has the full report on which he/she can send comments.

Par. 3. Except in cases of serious misconduct, … you may offer the employee the option to request immediate voluntary curtailment in lieu of involuntary curtailment. If the employee requests voluntary curtailment, he/she should request immediate curtailment through the HR channel in a message addressed to his/her Career Development Officer (CDO) in HR/CDA (see para. 19 [checklist]). As COM, please ensure that you use the DIRGEN channel to confirm your support, or opposition to, the employee’s request and explain fully the circumstances that justify immediate curtailment.


Par. 13. Curtailments should first be vetted by a management team at post. …. Proper vetting throughout the process then allows the COM to be better able to determine whether to move forward with the curtailment request.


Par. 14. In all cases, the DIRGEN cable must include background information on the incident (s) that supports post’s decision. Except for cases of directed curtailment, the cable must confirm that the COM has discussed the proposed action with the employee and also confirm that he/she may submit separately, either by cable via the DIRGEN channel or email to the DG Direct e-mail address, any comments about the curtailment. HR will not approve any curtailment request that comes without supporting information.

Par. 19. D. [H]as the employee had the opportunity to discuss the situation with the DCM?


Par. 20. As applicable, the above elements should be addressed in a DIRGEN cable. The Department is committed to making the curtailment system work for the good of the Service and our employees, protecting both the authority of management and the rights of employees.

Grievant’s decision to curtail was not truly voluntary. Grievant did not initiate the curtailment. The Ambassador, according to what the RSO and HR told grievant on January 12, had decided that grievant had a choice to either curtail voluntarily or involuntarily. In doing so, he was exercising his right under 3 FAM 2443.2d to give the employee the option of taking a voluntary curtailment in lieu of an involuntary one. Given that ultimatum, the only way to prevent the potential adverse career effect was to choose “voluntary” curtailment. According to grievant, he was also given the inducement that if he chose “voluntary” curtailment, “all this,” which he could reasonably understand to mean any type of charge against him, would be withdrawn. Given the lack of denials, we credit grievant that this statement was made. Yet we know that, on January 14, before the curtailment took effect, the ROI had been closed without action by DS and referred to S/OCR. The case was not going away.

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