Is this how you keep a potentially embarrassing case away from public eyes?

 

Via FSGB 2018 Annual Report:

In FSGB Case No. 2018-001, an FS-01 appealed a 3-day suspension on a charge of Conduct Unbecoming. The charge arose from allegations that he facilitated the inappropriate hiring of a former political appointee. Grievant contends that, although he was the hiring official, all of his actions were at the direction of senior bureau staff and in consultation with the bureau’s administrative staff. The case was settled and withdrawn.

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FSGB Case No. 2018-001: On March 1, 2018, the Foreign Service Grievance Board received a Notice of Withdrawal from grievant’s attorney, {Attorney’s Name}, stating as follows: “Grievant, {Grievant’s Name}, through counsel, {Attorney’s Name}, hereby withdraws his grievance appeal filed on January 3, 2018, with prejudice. The parties have settled their dispute.”  The Notice of Withdrawal has been entered in the record of proceedings, and the record is now closed.

We understand that because this case was settled and withdrawn there is no actual FSGB decision in the case; thus, there is no publicly available record of the case. Presumably State/HR/Grievance has the paper trail and the finer details, but for now, because the case was settled we won’t know who is the ex-political appointee, which bureau was involved, which senior bureau … er staffers were responsible, or the terms of the settlement.  One wonders if the State Department settled this case because it did not want the details in public view, or if grievant has the “receipts” that could get higher ups in a specific bureau in trouble?

via tumblr.com

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@StateDept Ups Sri Lanka Travel Advisory After Multiple Easter Sunday Explosions

 

On April 21, the State Department increased the Travel Advisory for Sri Lanka to Level 2 (Exercise Increased Caution) after multiple attacks throughout the country. Explosions reportedly occurred at  the Shangri La, Cinnamon Grand and Kingsbury hotels in Colombo and churches in Kochchikade, Katuwapitiya and Batticaloa; the blasts killed 290 people and wounded 500.  Arrests have been made and investigations are ongoing according to media reports.

The Advisory says in part:

Exercise increased caution in Sri Lanka due to terrorism. Terrorist groups continue plotting possible attacks in Sri Lanka. Terrorists may attack with little or no warning, targeting tourist locations, transportation hubs, markets/shopping malls, local government facilities, hotels, clubs, restaurants, places of worship, parks, major sporting and cultural events, educational institutions, airports, and other public areas.

The U.S. Embassy in Colombo also announced that it will be closed to the public on April 22. The American Center in Colombo & all American Spaces will also be closed. Emergency American Citizen Services will be available (see contact number below).  In a statement to the press, the secretary of state confirmed that “several U.S. citizens were among those killed” in Sri Lanka attacks,

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North Korea Wants Pompeo in Out Group: No More Smiling Lunches

 

KCNA on Pompeo via KCNAWatch: https://kcnawatch.org/newstream/1555606947-602022423/u-s-secretary-of-state-slammed/

Secretary of State Michael R. Pompeo and Chairman Kim Jong Un of the Democratic People’s Republic of Korea attend a working lunch in Pyongyang, Democratic People’s Republic of Korea on October 7, 2018. [State Department photo/ Public Domain]

Meanwhile in DC:

Foggy Bottom is closing in …

Via: “Every organization has to have an ethos, a central mission set that is clearly understood so that every single officer of the State Department understands the commander’s intent.” – Pompeo

ODNI: SF312: Frequently Asked Questions, Classified Information Non-Disclosure Agreement

DHS: Non-Disclosure Agreement for SBU Information

GAO Calls For Pompeo’s “Personal Attention” to Address Priority Open Recommendations

 

The Government Accountability Office’s Gene L. Dodaro, the Comptroller General of the United States has written to Secretary Pompeo calling for his “personal attention” to the GAO’s multiple “open recommendations that should be given high priority.”

In November 2018, we reported on a government-wide basis that 77 percent of our recommendations made in fiscal year 2014 had been closed as implemented.2 State’s recommendation implementation rate for the same time frame was 91 percent. As of March 2019, State had 101 open recommendations.

Among the recommendations are apparently 20 open priority recommendations. The State has implemented 10 of the 20 recommendations since GAO wrote Foggy Bottom a letter in February 2018. And now GAO has urged the secretary’s “personal attention” for the remaining recommendations. In addition, the GAO has added eight new recommendations as priorities in 2019; these are related to data quality, the administration of hardship pay, and embassy construction and now brings the total number of open priority recommendations to 18.

Here are some:

Security of Overseas Personnel and Facilities: Of the 18 open priority recommendations, eight are related to the security and safety of personnel serving overseas. State concurred with these eight recommendations and reported some steps taken to address them.

Fully implementing our two priority recommendations on personnel security could help ensure State personnel are prepared to operate in dangerous situations. In March 2014, we recommended that State take steps to ensure that U.S. civilian personnel are in compliance with the Foreign Affairs Counter Threat (FACT) training requirements. State has taken action to clarify agency responsibilities and plans to verify FACT compliance. To fully implement these recommendations, State needs to complete and carry out its plans to monitor and verify compliance with the FACT training requirement for permanent and temporary personnel.

Fully implementing our three priority recommendations on physical security at overseas posts could improve the safety and security of personnel serving overseas, particularly in high-threat locations. For example, in July 2015, we recommended that State take steps to clarify existing standards and security-related guidance for diplomatic residences. Although State has conducted a review of existing security standards for diplomatic residences, State needs to complete its efforts to update these standards and take several additional actions to improve its ability to identify and mitigate risks and enhance security policies.

Fully implementing our three recommendations related to transportation security, such as those related to armored vehicles, could improve State’s efforts to manage transportation-related security risks overseas. In October 2016, we recommended that State take steps to enhance its efforts to manage such security risks, including by improving its related guidance and developing monitoring procedures. Although State implemented a shared site for reporting and monitoring each post’s armored vehicle fleet, State needs to create consolidated guidance that specifies transportation security requirements to ensure that posts comply with State’s armored vehicle policy

Security Assistance: Every year the United States provides billions of dollars in assistance to other nations in the form of security equipment and technical assistance. In April 2016, we recommended that State develop time frames for establishing policies and procedures to help the U.S. government provide a more reasonable level of assurance that equipment is not transferred to foreign security forces when there is credible information that a unit has committed a gross violation of human rights. State concurred with this recommendation and reported that it drafted standard operating procedures for conducting equipment vetting globally. To fully implement this recommendation, State needs to finalize its revised guidance for overseas posts that are responsible for vetting foreign security forces prior to transferring equipment to them. Information

Technology: One open priority recommendation, if fully implemented, could improve information technology at State. In May 2016, we found that State spent approximately 80 percent of its information technology budget on operating and maintaining older systems. For example, three of State’s visa systems were more than 20 years old. The software for one of these systems was no longer supported by the vendor, creating challenges related to information security. We recommended that State identify and plan to modernize or replace legacy systems. State concurred with the recommendation. According to State, it is developing a plan for modernizing and migrating each eligible system to the cloud by the end of fiscal year 2019.

Data Quality: By fully implementing three priority recommendations we are adding this year, State could improve the quality of foreign assistance data, including data on democracy assistance, and ensure consistency in published information.

Administration of Hardship Pay: When fully implemented, two priority recommendations could improve State’s administration of hardship pay and its ability to identify and recover improper payments related to hardship pay. In September 2017, we recommended that State assess the cost-effectiveness of its policies and procedures for stopping and starting hardship pay and analyze available data to identify posts at risk of improper payments for hardship pay, among other things. State concurred with the recommendations and reported that it is working to identify changes in policy that would result in greater efficiencies and is planning to utilize the Overseas Personnel System to centrally collect and analyze arrival and departure data. To fully address these recommendations, State needs to provide documentation that the efforts are complete and that the actions have enabled the department to more easily identify and prevent improper payments.

Embassy Construction: By fully implementing three priority recommendations, State could improve budgetary decision-making as well as better align Bureau of Overseas Buildings Operations (OBO) staffing levels and capacity with workforce needs for its Capital Security Construction Program (CSCP). In September 2018, we recommended that State determine the estimated effects of cost inflation on planned CSCP embassy construction capacity and time frames and update this information for stakeholders on a regular basis, such as through the annual budgeting process. We also recommended State provide an analysis for stakeholders identifying those embassies that still need to be replaced to meet State’s security standards and estimating total CSCP costs and projected time frames needed to complete those projects. In addition, we recommended State conduct an OBO-wide workforce analysis to assess staffing levels and workload capacity needed to carry out the full range of OBO’s mission goals, to include the CSCP. State concurred with the recommendations and described several actions planned or under way to address these issues. To fully implement these recommendations, State needs to provide documentation that it has completed these efforts.

Click PDF for the full list of the the GAO’s 18 priority open recommendations for the Department of State as of April 2019.

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FSGB Case: Employee’s Mental Health Issues and Performance

 

Via FSGB Case No. 2016-043:

The Department denies that grievant’s 2013 EER is factually inaccurate, falsely prejudicial, or biased, and cites a series of interviews with her supervisors, subordinates, and colleagues to dispute her contentions about the unfairness and inaccuracy of the EER. In response to grievant’s allegation that she was inadequately counselled on the deficiencies described in her EER, the agency contends, based on statements from grievant’s rating officer, that she was in fact counselled, both formally and informally, during the rating period. With respect to grievant’s claim that she was bullied, ostracized, and treated unfairly by the Embassy community, which she alleges triggered her trauma symptoms, the Department provided input from the Ambassador, grievant’s rating officer, and the General Services officer, all of whom disputed grievant’s allegations.

In response to grievant’s claim that she suffered from then-undiagnosed mental health issues (including anxiety, depression and trauma symptoms), the Department counters with quotes from grievant’s rating officer who stated that “from the time REDACTED arrived at post, she appeared unhappy and talked of being stressed.” The rater recalled that some of her stress “appeared to be related to prior postings (including REDACTED, REDACTED, and REDACTED),” and said that “upon arrival she talked to me about how stressful she had found the 6 months of FSI [Foreign Service Institute] REDACTED language training, and told me she urgently needed a break.” The Department was not persuaded that grievant’s poor performance resulted from the medical condition with which grievant was diagnosed after she left REDACTED. The Department put less credence in the medical statement grievant provided from her post-REDACTED therapist, stating “grievant has not provided medical documentation substantiating her alleged diagnosis. Nor does grievant’s counselor provide such documentation; the counselor merely states that ‘I believe PTSD is the primary diagnosis.’”

FSGB BOARD:

In all grievances except those involving discipline, the grievant bears the burden of proving that her claims are meritorious.3 This case turns on whether the grievant’s EER is falsely prejudicial, and, whether any documented underperformance can be attributed to the grievant’s post-REDACTED diagnosis of mental health disorders. The Board notes that the record in this case is, unfortunately, sparse with respect to a diagnosis of grievant’s mental health issues. While the Department is correct in noting that grievant’s counselor noted only that “I believe that PTSD is the primary diagnosis,” the Department provides no opposing medical information whatsoever, relying solely on the observation of grievant’s Foreign Service colleagues in REDACTED.  Grievant’s licensed mental health counselor did in fact provide a detailed listing of grievant’s problems in REDACTED, and concluded that grievant suffered mental health disorders as a result thereof. We note that grievant’s counselor saw the grievant regularly over a period of more than a year. On balance, therefore, the Board is obliged to find grievant’s medical evidence preponderant. After careful examination of the ROP, the Board concludes that grievant’s 2013 EER cannot stand, because her performance during that period was likely influenced by her depression, anxiety, and trauma symptoms. We base our conclusion largely on the detailed statement submitted by grievant’s Licensed Professional Counselor (LPC), with whom grievant had at least 38 therapy sessions between April 2014 and August 2015, and to whom grievant was referred by a prior therapist who had diagnosed her with anxiety, depression, and trauma symptoms. In the Board’s view, this statement, written by a mental health professional who knows the grievant well, is entitled to more weight in the decision process than that of grievant’s rating and reviewing officers, or her colleagues at post. We also note that the Agency provided no contradictory medical opinion, or any information of a medical nature.

In her August 18, 2015, statement, grievant’s LPC states, in relevant parts:

She was referred to my center, the National Center for the Treatment of Phobias, Anxiety, and Depression in Washington DC by a previous therapist who had diagnosed her with anxiety, depression, and Trauma Symptoms. She also sees REDACTED , MD for medications at this center. I believe PTSD is the primary diagnosis and the depression and anxiety are symptoms of the PTSD. REDACTED described primitive and unsanitary living conditions that caused her to feel unsafe. She reported unsanitary water in her apartment, unsafe electrical problems, and other living conditions that prevented sleep, peace and support. While in the workplace, she felt she was targeted, bullied and marginalized. Because of the combination of insecurity in her home, insecurity in her workplace, and the stress of an extremely stressful foreign environment, began to suffer from PTSD symptoms. She became depressed and hopeless, developed panic attacks, difficulty sleeping, developed nightmares, and generalized anxiety.

It is my understanding that her evaluations from this period faulted her for having strained relations with her subordinates, program participants, and peers in Washington, as well as difficulty making contacts in the REDACTED media and discomfort speaking to media on the record. I did not observe REDACTED during this period, so I do not have an opinion on the accuracy of these criticisms, but, if true, each would in my opinion be related to the various symptoms of her previously-undiagnosed and untreated anxiety, depression and trauma symptoms. 

I do not believe a patient can work with very seasoned therapists or psychiatrists and hide character issues as described in the accusations towards REDACTED. However, I do believe that it would have been difficult, if not impossible, for REDACTED , while suffering the effects of PTSD, to maintain a high level of diplomacy, an ability to connect well with co-workers, and to utilize PR skills to connect at work well with the media.

Nightmares, panic attacks, depression, extreme fear, feelings of hopelessness and helplessness and not feeling respected or supported would prevent most people from working at a level of excellence which, to my knowledge, had been true for REDACTED before her REDACTED posting. I believe REDACTED ’s behavior while in REDACTED was mischaracterized at most and misunderstood at the least. This is my opinion based on working with many patients who suffer from trauma-related symptoms. 

We find the foregoing LPC statement to be a detailed professional observation, based on relatively long-term (at least 16 months’) observation of grievant, and thus accord it more weight than we do the statements offered by the Department from non-medical providers (her rater, the General Services officer (GSO), the Ambassador, and grievant’s subordinates). While the statement does not contain a definite diagnosis of grievant’s symptoms, we note it is from a licensed medical professional, and is countered by the Department only with comments from non-medical co-workers and colleagues.

THE BOARD’S DECISION:

Grievant has shown by preponderant evidence that she suffered from the effects of then undiagnosed mental health conditions including anxiety, depression, and potential Post Traumatic Stress Disorder (PTSD) during her tour in REDACTED and accordingly, her Employee Evaluation Report (EER) for 2013 must be expunged and replaced in her Official Personnel File (OPF) by a standard gap memorandum. Grievant has shown that she suffered from these conditions and that they affected her performance in ways that contributed to the negative statements in her EER. If she is not promoted by reconstituted Selection Boards for the years 2014 -2017, her Time in Class shall be extended by one year.

One more: “as a general matter, an EER is inherently false, even though it accurately describes an employee’s performance, if that poor performance was the result of the employee’s serious illness.”

Confirmations: Rosenblum(Uzbekistan), Scott (Malawi), Abizaid (Saudi Arabia), Tom (US/FAO)

 

On April 11, the U.S. Senate confirmed the following State Department nominations.

2019-04-11 PN138 Uzbekistan
Daniel N. Rosenblum, of Maryland, a Career Member of the Senior Executive Service, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Uzbekistan.

2019-04-11 PN263 Malawi
Robert K. Scott, of Maryland, 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 Malawi.

2019-04-10 PN103 Saudi Arabia
John P. Abizaid, of Nevada, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Saudi Arabia.

2019-04-11 PN144 UN/FAO
Kip Tom, of Indiana, for the rank of Ambassador during his tenure of service as U.S. Representative to the United Nations Agencies for Food and Agriculture.

For a list of nominees cleared by SFRC and awaiting full Senate confirmation, please click here.

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@StateDept Contracting Officer Faces 17-Count Indictment For Bribery and Procurement Fraud

On April 4, the Justice Department announced a 17-count indictment charging State Department contracting officer, Zaldy N. Sabino with conspiracy, bribery, honest services wire fraud, and making false statements. The indictment notes that the defendant was employed by the State Department beginning in or about November 2004 at AQM, the Office of Acquisitions Management:

“SABINO served as a contract specialist with AQM, and he was also a contracting officer who was authorized to execute certain contracts on behalf of the DOS. SABINO worked in AQM’s Facilities Design Construction Division (“FDCD”) in Arlington, Virginia. FDCD supported and administered contracts involving the DOS’s Bureau of Overseas Buildings Operations (“OBO”). OBO frequently awarded contracts to international construction companies seeking to do business and perform design-build contracts at U.S. embassies and consular buildings.”

The Office of Acquisitions Management under the Bureau of Administration (A/OPE/AQM) manages, plans, and directs the Department’s acquisition programs and conducts contract operations in support of activities worldwide. A/OPE/AQM provides the full range of professional contract management services including acquisition planning, contract negotiations, cost and price analysis, and contract administration.

Via USDOJ:

A 17-count indictment was unsealed today charging Zaldy N. Sabino, a contracting officer with the U.S. Department of State, with 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, Inspector General Steve A. Linick of the U.S. Department of State and Assistant Director in Charge Nancy McNamara of the FBI’s Washington Field Office made the announcement.

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 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 case is being investigated by the Department of State’s Office of Inspector General and the FBI’s Washington Field Office.  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 are prosecuting 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.

Read the original announcement here.

Under “Means and Manner of Conspiracy”, the Indictment enumerates multiple cash payments and withdrawals. Allegation includes “deposited cash into bank accounts maintained by SABINO and his wife, and SABINO paid cash towards his credit card and line of credit accounts (hereafter collectively referred to as “cash deposits”). The cash deposits totaled approximately $507,543.93.” Another allegation includes withdrawal of approximately $239,300″ involving “approximately 396 ATM transactions. ” The indictment alleges that “the majority of these transactions occurred in the lobby of a DOS building” in Arlington, Virginia and BOA branches located near the defendant’s residence in Fort Washington, Maryland.

The unsealed indictment is available to read here: Download Sabino Indictment

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