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@StateDept Dismisses EEO Complaint For Following Wabbit Into a Hole, EEOC Reverses

Posted: 1:45 am ET

 

Here is an EEO case with a reminder that the Commission has previously held that an agency may not dismiss a complaint based on a complainant’s untimeliness, if that untimeliness is caused by the agency’s action in misleading or misinforming complainant.

Quick summary of case via eeoc.gov:

At the time of events giving rise to this complaint, Complainant worked as a Human Resources Specialist at the Agency’s Department of State facility in Washington, DC. Complainant contacted an EEO Counselor alleging that she was subjected to discrimination and a hostile work environment. When the matter was not resolved informally, the EEO Counselor emailed Complainant a Notice of Right to File (“NRF”), which Complainant received and signed on January 25, 2017. However, in that same email, the EEO Counselor conflated the EEO filing requirements, misinforming Complaisant that she had to file her signed NRF, rather than her formal complaint, within 15 days. On that same date, Complainant attempted to file her signed NRF with her EEO Counselor, who informed Complainant that the signed NRF had to be filed with the Agency’s Office of Civil Rights, and that filing the signed NRF with that office would initiate the formal EEO complaint process.

Complainant filed her signed NRF, rather than a formal complaint, to the Office of Civil Rights on January 25, 2017, and the Office of Civil Rights confirmed its receipt on January 27, 2017. Complainant therefore filed her signed NRF within the 15-day period that she was supposed to file her formal complaint. However, it was not until February 21, 2017, which was beyond the 15-day filing period, when the Office of Civil Rights informed Complainant that she had submitted the wrong form to initiate the formal EEO process, and that Complainant needed to file a formal complaint rather than her signed NRF.

On March 6, 2017, which was within 15 days of being informed that she had filed the wrong form, Complainant filed a formal complaint alleging that the Agency subjected her to discrimination on the bases of sex, disability, and reprisal for prior protected EEO activity under Section 501 of the Rehabilitation Act of 1973 when:

1. On 10/11/2016, she was denied the ability to telework;
2. On 11/10/2016, she was subjected to an environment of uncertainty and arbitrary decision making regarding her accommodation requests; and
3. She was subjected to a hostile working environment characterized by repeated acts of disparate treatment, unpleasant social interactions with management, and retracted support for locally negotiated reasonable accommodations.

The Agency dismissed Complainant’s complaint, pursuant to 29 C.F.R. § 1614.107(a)(2), for failing to file her formal complaint within 15 days of receiving her Notice of Right to File.

On appeal, Complainant contends that the Agency’s dismissal of her complaint should be reversed because her EEO Counselor mistakenly advised her to file her signed NRF, rather than a formal complaint, within 15 days of receiving her NRF, causing her to miss the filing period for her formal complaint.

The decision notes the following:

EEOC Regulation 29 C.F.R. §1614.106(b) requires the filing of a written complaint with an appropriate agency official within fifteen (15) calendar days after the date of receipt of the notice of the right to file a complaint required by 29 C.F.R. §1614.105(d), (e) or (f).

On June 28, 2017, the EEOC reversed the State Department’s decision to dismiss the complaint and remanded the case to the agency for further processing in accordance with its order as follows:

The Agency is ordered to process the remanded claims in accordance with 29 C.F.R. § 1614.108. The Agency shall acknowledge to the Complainant that it has received the remanded claims within thirty (30) calendar days of the date this decision was issued. The Agency shall issue to Complainant a copy of the investigative file and also shall notify Complainant of the appropriate rights within one hundred fifty (150) calendar days of the date this decision was issued, unless the matter is otherwise resolved prior to that time. If the Complainant requests a final decision without a hearing, the Agency shall issue a final decision within sixty (60) days of receipt of Complainant’s request.

Compliance with the Commission’s corrective action is mandatory. Read the full decision here.

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Ambassador Mark Green Assumes Charge as 18th USAID Administrator

Posted: 1:30 am ET

 

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Courting Remembrance: @USEmbassyKenya and @AmEmbTZ, August 7, 1998

Posted: 2:45 pm PT

 

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Making Sense of Tillerson’s Rescinded Delegations of Authority @StateDept

Posted: 5:07 am ET
Updated: Aug 11, 2:24 pm PT

 

We recently blogged about the rescinded delegations of authority at the State Department (see Tillerson Rescinds Delegated Authorities Department-Wide, Further Gums Up Foggy Bottom).  A State Department official (SDO) told Politico that Tillerson only rescinded three delegations of authority. Just three.  SDO frequently is the attribution used when the folks at the State Department press shop do not want to speak on the record.  The same official who commented to Politico also said Tillerson has requested the Under Secretaries to undertake an immediate review of the remaining authorities. The SDO forgot to remind himself that the State Department currently do not have Under Secretaries but only one Under Secretary (P).

The sources who informed us of the rescinded authorities are SDOs but are not part of the agency’s press office.  They are folks who are not known for running around with their hair on fire.  One of them told us “all”, another confirmed that it was “department-wide,” and that’s the story we ran.  One of our sources subsequently told us that decisions will be made quickly on which authorities will be redelegated. It was pointed out to us that some will be quick and obvious to make like authorities concerning consular services.

We understand that there is also a memo floating around outlining the delegations of authority that have been rescinded.

 

DA-14: Delegation of Authority to Under Secretary for Political Affairs (P) and the Under Secretary for Management (M), January 18, 2017
(no text publicly available)

One the three authorities the State Department said it rescinded was DA-14 dated January 18, 2017 granted by then Secretary Kerry to the Under Secretary for Political Affairs (P) and the Under Secretary for Management (M) that the State Department says “allowed for almost unlimited re-delegation of those authorities.”  DA-14 has not/not been published in the Federal Register nor the GPO so we don’t know all the details that it covered.

A former State Department official (SDO) familiar with this issue, however, told us that the January 18 delegation was essentially envisioned as “a temporary, unlimited delegation of authorities to P and M because it was anticipated that there would be no “D” and perhaps no “S” for some period of time” and that its revocation “would not have a dramatic effect” on operations.  According to the former SDO, the revocation of this specific DA is not surprising since the Secretary and the  Deputy Secretary are now both in place.  The former official further told us that rescission of ALL of the delegations of authority would be much more significant but said, “I can’t imagine that all of the delegations were rescinded.”

The former SDO added that “If the Secretary did revoke all of the delegations one would hope that this would be very temporary.” The former official explained that “Without delegations in place, any decisions that by law lie with the Secretary literally would need to be made by the Secretary. This could result in significant delays, including on decisions that are by and large technical.”

A piece published by the New York Times over the weekend notes that “all decisions, no matter how trivial, must be sent to Mr. Tillerson or his top aides: Margaret Peterlin, his chief of staff, and Brian Hook, the director of policy planning.” 

So what does it mean if ALL decisions must now go up to the Secretary of State?

Please don’t tell us that the next wrinkle we’re going to hear would be folks unable to PCS (Permanent Change of Station) because Tillerson is traveling and is unable to approve travel orders.


DA 284-1: Delegation of Authority to the Under Secretary for Political Affairs, Feb 13, 2009

Text: Delegation of Authority No. 284–1

By virtue of the authority vested in me as Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, I hereby delegate to the Under Secretary for Political Affairs, to the extent authorized by law, all authorities and functions vested in the Secretary of State or the head of agency by any act, order, determination, delegation of authority, regulation, or executive order, now or hereafter issued. This delegation includes all authorities and functions that have been or may be delegated or redelegated to other Department officials but does not repeal delegations to such officials.

This delegation shall apply only when the Secretary, the Deputy Secretary, and the Deputy Secretary for Management and Resources are absent or otherwise unavailable or when the Secretary or either Deputy Secretary requests that the Under Secretary exercise such authorities and functions.

Notwithstanding this delegation of authority, the Secretary of State, the Deputy Secretary of State and the Deputy Secretary of State for Management and Resources may exercise any function or authority delegated by this delegation.

This is one of the three DAs cited  by the State Department official to the press.  The language is clear that this authority apply only when the Secretary and the Deputy Secretary are “absent or otherwise unavailable” or “when the Secretary or either Deputy Secretary requests that the Under Secretary exercise such authorities and functions.”

Excuse us, but this is perplexing to us, ok? If Secretary Tillerson and Deputy Secretary Sullivan are traveling who has authority over the State Department in their absence if it’s not going to be the third highest ranking person in the agency?

A separate source  familiar with inner workings at State but has no direct knowledge of these developments suggested that the Delegation of Authority exercise exposes more than anything else “the profound lack of knowledge and grasp” on the 7th floor especially with the political appointees.  This source says that there are practical and long standing reasons for delegations to D and P of certain things, such as making it possible for Tillerson to seamlessly have things done without having to go through the “Acting” designation every time he’s not around or unavailable. It appears that no one understood that.

And no one thought about asking the Office of the Legal Adviser?

 

DA 280-1: Delegation by the Secretary of State to the Under Secretary for Political Affairs of Authorities Regarding Congressional Reporting Functions, Feb 13, 2009:
Text: Delegation of Authority No. 28o–1 

By virtue of the authority vested in me as Secretary of State by the laws of the United States, including 22 U.S.C. 2651a, I hereby assign to the Under Secretary of State for Political Affairs, to the extent authorized by law, the function of approving submission of reports to the Congress.

This delegation covers the decision to submit to the Congress both one-time reports and recurring reports, including but not limited to those recurring reports identified in Section 1 of Executive Order 13313 (Delegation of Certain Congressional Reporting Functions) of July 31, 2003. However, this delegation shall not be construed to authorize the Under Secretary to make waivers, certifications, determinations, findings, or other such statutorily required substantive actions that may be called for in connection with the submission of a report. The Under Secretary shall be responsible for referring to the Secretary, the Deputy Secretary, or the Deputy Secretary for Management and Resources any matter on which action would appropriately be taken by such official.

Any authority covered by this delegation may also be exercised by the Deputy Secretary and the Deputy Secretary for Management and Resources, to the extent authorized by law, or by the Secretary of State.

This is the last of the three DAs cited by the State Department as having been rescinded by Tillerson. According to Reuters, the authorities regarding congressional reporting functions will now go to the Office of Policy Planning (S/P), The current S/P head is a member of Tillerson’s inner circle, Brian Hook. The position does not require Senate confirmation.  Three former officials told Reuters that giving the policy planning staff final sign-off on the reports could inject political considerations into their preparation.  (For what it’s worth, a Foggy Bottom denizen who knew Mr. Hook during his prior stint at State during the Bush administration told us that he is “very smart and thoughtful — a good pick for the head of the policy shop — and also really a nice man.”)

S/P was created in 1947 by George Kennan at the request of Secretary of State George C. Marshall. The office serves as a source of independent policy analysis and advice for the Secretary of State. According to state.gov, the Policy Planning Staff”s mission is to take “a longer term, strategic view” of global trends and frame recommendations for the Secretary of State to advance U.S. interests and American values.

Note that there are at least 300 congressionally mandated reports required by Congress. So S/P will now have sign off on all those reports? The rumors of an expanding S/P empire is in all likelihood, true, because how are you going to clear all these reports?  And if this is the case, who’s going to be doing “longer term, strategic view” for the State Department if S/P is signing off on all reports and every policy memo? What’s the career diplomat at “P” going to be doing?

One other thing pointed out to us, particularly on the delegation to P for signing off on reports to Congress is that these reports must have a “policy sign-off.”  We understand that the Bureau of Legislative Affairs (H) never had this function which is primarily coordination of legislative activity/strategy and principally as liaison to Congress.  Apparently, the 7th floor is not even aware of this and was under the assumption that the bureau’s responsibility to “transmit” reports is the same as responsibility to “sign-off” for policy purposes.

Did somebody send the Office of the Legal Adviser (L) a smoke signal for help?

NOTE: Delegation of Authority: 245-2 Delegation from the Secretary to the Deputy Secretary, July 31, 2017 to be published in the Federal Register on August 14, 2017. This DA supersedes Delegation of Authority 245-1, dated February 13, 2009. PDF

AND NOW THIS —

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More Than Words: Tillerson/Peterlin Lunch With @StateDept Employees

Posted: 2:58 am ET

 

So our blogpost last April Fools’ Day which made Secretary Tillerson’s inner circle throw a hissy fit (see Inside @StateDept: Leaked Cable Provides Guidance For ‘America First’ Cost Savings Initiatives) includes “lunchies” with the Secretary of State in Foggy Bottom’s cafeteria.

The Secretary is determined to get to know the men and women of this agency, and to that end he plans to eat lunch in the cafeteria once a week when he is not traveling.  S/ES is currently working on a lottery that would allow a random employee to be included in the Secretary’s table during the weekly lunches. Lottery guidance will be posted at a later date at https://www.fbu.state.gov/s/es/slottery/.

So now here is real life: Secretary Tillerson, with Chief of Staff Margaret Peterlin having lunch with 4-5 State Department employees presumably to help shore up rock bottom morale in Foggy Bottom. It’s going to take more than a few lunches to do that. But anyway, we understand that the lunches are apparently monthly, and darnit, the lunch companions are not selected via lottery. Well, at least not yet. We estimate that if S is having monthly lunches with 5 employees, that’ll be 60 employees/year. If the CoS gives up her chair, that will be be 84 employees.

“Do you need some Wicked Wasabi with that  sushi?” we imagined somebody asked during lunch.

“Be careful, that chili is nasty,” says a familiar warning that would have been issued to every Secretary of State.

Had they added John Sullivan (D), and Tom Shannon (P), it would have been a lunch meeting with the entire State Department leadership.

But seriously, if we can suspend belief for now that this is all theater, this is not a bad start, though a bit late. But given the size of the building and the time demands on Tillerson, they probably can find other activities with a better return for his investment in time and energy  — offsite meetings with senior managers (except he has yet to appoint most of them), townhalls where employees can ask questions, or hey, why not an ‘Ask Me Anything’ on Reddit for a couple hours?

But more than words, actions speak louder than words. Like the exemption to the hiring freeze of a number of priority EFM positions issued last Friday (see Unemployment Status of @StateDept Family Members Overseas (4/2017) #ThanksTillerson). Whether the State Department is successfully reorganized or not, there will remain a need for community liaison coordinators, security escorts, consular associates, mailroom clerks, security coordinators, etc. at our overseas posts (also see Are #EFM positions literally about to become…extinct under #Tillerson’s watch?). So the freeze on these jobs did not make a whole lot of sense in the first place. But it did make life at overseas posts more difficult for employees who have to cover for these unfilled positions, and make for distressed diplomatic spouses who already suffer from extended under employment when they go overseas.

He can certainly do a lot more, but will he?

Meanwhile Derek Chollet has a new piece on FP about how future Secretaries of State will study Tillerson’s first 6 mos for lessons of what not to do: Why Has Rex Tillerson Belly-Flopped as Secretary of State? Ouch!

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Unemployment Status of @StateDept Family Members Overseas (4/2017) #ThanksTillerson

Posted: 2:01 am ET
Updated: 1:51 pm PT for clarity and a new hashtag
Updated: August 5, 10:17 am PT
Updated: 12:07 pm PT

 

Update: August 5, 10:17 am PT: The FLO website now has a new August 4 update that says: “The Secretary approved an exemption to the hiring freeze that will allow the Department to fill a number of priority EFM positions that are currently vacant. This exemption gives posts authority to fill critical vacancies supporting security, safety and health responsibilities.” This update has no time stamp but must have come out late on August 4.  

We understand that this change relates to CLO coordinator positions at Community Liaison Offices. Embassies (USG has 170 of them) and some Consulates General have one CLO, or have two individuals sharing the position as co-CLOs. We believed that a certain number of CLO positions, not all, were made vacant in the winter and the current rotation cycle of personnel. What we don’t know yet is if Tillerson’s exemption is specific to CLO vacancies only, and if that’s the case, how many positions are actually affected.” End update.

Update: 12:07 pm PT: We’re hearing some other EFM exemptions including consular positions are also being approved but we don’t have clarity on all exempted positions or how many.  End Update.

 

According to the FLO website, the Department of State’s current hiring freeze guidance “remains in effect, including with respect to hiring under a Family Member Appointment (FMA) or Temporary Appointment.”

It also says that Eligible Family Members may continue to apply for any advertised position for which they feel they are qualified and the hiring preference will be applied during the process. However, Appointment Eligible Family Members (AEFM) cannot be offered a position at this time due to the freeze on FMA and temporary appointments.

The stats below is from April 2017. It indicates that 6% or 743 EFMs are pending due the clearance process or the hiring freeze.  Even if the security clearance process is done, now that the hiring freeze remains in place, is anyone going anywhere? Of EFMs in South Central Asia, 10% are pending, the highest percentage in the geographic bureaus (SCA includes posts like Afghanistan, Bangladesh, Kazakhstan, Pakistan, Sri Lanka and India). In terms of actual numbers, EUR and WHA have much larger family member population, and they are at 6% and 5% respectively.

Since the 6% will not be able to work unless the freeze is lifted by Secretary Tillerson or the EFMs are issued waivers, the “Not Employed” Foreign Service family members below is not 56% (6,695) but actually 62% (7,438).

Via State/FLO:

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Growing Body of Work on Rex Tillerson’s Stewardship of the State Department

Posted: 1:10 am ET

 

During his welcome remarks at the State Department on February 2, Secretary Tillerson talked about three core principles Foggy Bottom should adopt: accountability, honesty, and respect.  Secretary Tillerson said, “What I ask of you and what I demand of myself – I will embrace accountability, honesty, and respect no less than anyone.”

Six months into his tenure, with bad press coming almost daily, he is in for some rough reality check.  Morale is rock bottom. √ Most of his top lieutenants are making things worse not better. √ And folks with tons of expertise are leaving in droves. √ Sure he can replace all of them if he wants to, but he cannot replace their expertise overnight. People typically do not leave in droves even when they disagree with official policies. People do not leave over a reorganization even if it’s touted as get this, “employee-led.” But people leave when they’re treated poorly. Who knew?

In any case, below are some collected clips on Mr. Tillerson’s stewardship of the 228-year old agency. Unfortunately, we don’t have the Oral History collection yet. Oh, and please pardon the clip from Baghdad Bob.

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U.S. Senate Confirms USAID’s Mark Green, 2 @StateDept Nominees, and 11 New Ambassadors

Posted: 12:05 am ET

 

On Thursday, August 3, the U.S. Senate confirmed a slew of nominees for the State Department, including 11 new ambassadors.  Also confirmed was Ambassador Mark Green as USAID Administrator and nominees for OPIC, and the United Nations.

The Senate will adjourned on Friday to convene for pro forma sessions only with no business conducted between now and September 1. Hey, that means no recess appointments.  The Senate will next convene at 3:00pm on Tuesday, September 5, 2017.

 

STATE DEPARTMENT

Executive Calendar #229 – Nathan Alexander Sales to be Coordinator for Counterterrorism

Executive Calendar #239 – Carl Risch to be an Assistant Secretary of State (Consular Affairs)

AMBASSADORS

Executive Calendar #291 – John P. Desrocher to be Ambassador to the People’s Democratic Republic of Algeria

Executive Calendar #227 – Kelly Knight Craft to be Ambassador of the United States to Canada

Executive Calendar #228 – Sharon Day to be Ambassador of the United States to the Republic of Costa Rica

Executive Calendar #289 – Michael Arthur Raynor to be Ambassador to Ethiopia

Executive Calendar #232 – Luis Arreaga to be Ambassador of the United States to the Republic of Guatemala

Executive Calendar #233 – Krishna Urs to be Ambassador of the United States to the Republic of Peru

Executive Calendar #230 – George Edward Glass to be Ambassador of the United States to the Portuguese Republic

Executive Calendar #231 – Robert Wood Johnson IV to be Ambassador of the United States to the United Kingdom of Great Britain and Northern Ireland

Executive Calendar #235 – Lewis Eisenberg to be Ambassador to the Italian Republic, and to serve concurrently as Ambassador to the Republic of San Marino

Executive Calendar #290 – Maria E. Brewer to be Ambassador to the Republic of Sierra Leone

USAID

Executive Calendar #166 – Mark Andrew Green to be Administrator of the United States Agency for International Development.

NATO

Executive Calendar #234 – Kay Bailey Hutchison to be United States Permanent Representative on the Council of the North Atlantic Treaty Organization

UNITED NATIONS

Executive Calendar #237 – Kelley Eckels Currie to be Representative of the United States on the Economic and Social Council of the United Nations (ECOSOC)

Executive Calendar #238 – Kelley Eckels Currie to be an Alternate Representative of the United States to the Sessions of the General Assembly of the United Nations (UNGA)

OPIC

Executive Calendar #236 – Ray Washburne to be President of the Overseas Private Investment Corporation

Executive Calendar #245 – David Steele Bohigian to be Executive Vice President of the Overseas Private Investment Corporation

 

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U.S. Senate Confirms Five Foreign Service Lists With 331 Nominees

Posted: 12:02 am ET

 

On July 31, 2017, the U.S. Senate confirmed five Foreign Service lists with 331 nominees. Use the links below to look up the names.

2017-07-31 PN578 Foreign Service | Nominations beginning Nicholas Raymond Abbate, and ending Elizabeth Marie Wysocki, which 164 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN579 Foreign Service | Nominations beginning Gabriela R. Arias Villela, and ending Haenim Yoo, which 106 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN580 Foreign Service | Nominations beginning Andrew Anderson-Sprecher, and ending Evan Nicholas Mangino, which 4 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN581 Foreign Service | Nominations beginning Rameeth Hundle, and ending Loren Stender, which 4 nominations were received by the Senate and appeared in the Congressional Record on June 6, 2017.

2017-07-31 PN730 Foreign Service | Nominations beginning Andrew K. Abordonado, and ending Peter B. Winter, which 53 nominations were received by the Senate and appeared in the Congressional Record on June 29, 2017.

 

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Looky at the Daily Press Briefings: “The Lowest-Profile State Department in 45 Years”

Posted: 1:18 am ET

 

 

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