US Embassy Ottawa Announces Arrival of Chargé d’Affaires Arnold Chacon, in Self-Isolation Until 6/29

13 Going on 14 — GFM: https://gofund.me/32671a27

 

On May 28, the State Department announced the designation of Ambassador Arnold Chacon as Chargé d’Affaires at US Mission Canada (see Amb Arnie Chacon Heads to U.S. Mission Canada as Chargé d’Affaires (a.i); What’s going on at U.S. Mission Canada?).
On June 15, the U.S. Embassy in Ottawa announce the arrival of Chargé d’Affaires Arnold Chacon.

“I’m delighted that Secretary of State Blinken selected me to serve as Chargé d’Affaires in Canada and am honored to take on this important role working with the United States’ closest friend, partner, and ally.  We are active across Canada, not only at the Embassy in Ottawa, but also through our seven consulates that stretch from Vancouver to Halifax.  The U.S.-Canada relationship is a priority for the Biden-Harris Administration as we revitalize and strengthen our historic alliance and steadfast friendship. I am committed to continuing the exceptional work already being done by my colleagues and Canadian government officials under the Roadmap for a Renewed U.S.-Canada Partnership.  We will continue to make progress together in the key areas of trade, climate change, COVID-19 response and recovery, diversity, inclusion, and equity, and global and regional security issues,” said Chargé d’Affaires Chacon.

Chargé d’Affaires Chacon succeeds Katherine Brucker who has been acting in the role since September of 2020.  Ms. Brucker will continue to serve at the U.S. Embassy in Ottawa as Deputy Chief of Mission.

In keeping with public health requirements, Chargé d’Affaires Chacon will self-isolate for the next 14 days.

We’re wondering if folks are ready to do the Bhangra dance.

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Amb Arnie Chacon Heads to U.S. Mission Canada as Chargé d’Affaires (a.i)

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So late Friday, the State Department announced the designation of Ambassador Arnie Chacon to be Chargé d’Affaires ad interim at U.S. Embassy Ottawa:

Today, Secretary Blinken designated Ambassador Arnold Chacon to serve as Chargé d’Affaires ad interim at U.S. Embassy Ottawa. A career diplomat with the rank of Career Minister, Ambassador Chacon is currently detailed from the Department of State to the National Defense University as Senior Vice President. Ambassador Chacon previously served as the Director General of the Foreign Service and Director of Human Resources and U.S. Ambassador to Guatemala.

Ambassador Chacon’s appointment underscores the United States’ strong commitment to Canada and the Canadian people. He will lead the U.S. government’s diplomatic engagement in Canada by advancing the Roadmap for a Renewed U.S.-Canada Partnership, including trade, climate change, COVID-19 response and recovery, and global and regional security issues.

The United States highly values its close partnership with Canada, and Ambassador Chacon is dedicated to advancing the bilateral relationship.

We’ve previously asked What’s going on at U.S. Mission Canada?
The State Department is just now sending out to Ottawa a former Ambassador (Guatemala) but also the former Director General of the Foreign Service to be CDA. He will be responsible for the embassy and its seven constituent posts as well.
👀
A top executive at the cable company Comcast has been rumored to be in the running to be Biden’s top diplomat for Canada. The announcement for the first slew of political ambassadorships is reportedly expected shortly.

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@StateDG Carol Z. Perez Takes Office as @StateDept’s New Personnel Chief

Posted: 1:13 am EST

 

In addition to the State Department not having a Senate-confirmed Under Secretary for Management (the position that has been vacant now since the departure of Patrick F. Kennedy in January 2017 following Rex Tillerson’s arrival in Foggy Bottom),  it also did not have a Senate-confirmed Director General of the Foreign Service and Director of Human Resources since Ambassador Arnold A. Chacón departed this position in June 2017. No Senate-confirmed personnel chief for 19 months. Imagine that.

On February 1, 2019, Ambassador Carol Z. Perez officially took office as Director General of the Foreign Service and Director of Human Resources.

So the former dual-hatted Acting DGHR Bill Todd and Deputy Under Secretary for Management, where is he going?

Related posts:

Senate Confirmations: Promotion List – Senior FSOs to Class of Career Minister

Posted: 12:26 am ET
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The following-named Career Members of the Senior Foreign Service of the Department of State for promotion within the Senior Foreign Service of the United States of America, Class of Career Minister (FE-CM):

Robert Stephen Beecroft California
Arnold A. Chacon Virginia
Tracey Ann Jacobson District of Columbia
Geoffrey R. Pyatt California
Marie L. Yovanovitch Connecticut

2016-12-07 PN1909 Foreign Service | Nominations beginning Robert Stephen Beecroft, and ending Marie L. Yovanovitch, which 5 nominations were received by the Senate and appeared in the Congressional Record on November 29, 2016.

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POTUS Issues Memo Promoting Diversity and Inclusion, and @StateDept Sounds Like Baghdad Bob

Posted: 1:47 am ET
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On October 5, President Obama issued a Presidential Memorandum on Promoting Diversity and Inclusion in the National Security Workforce. Below is an excerpt:

Currently, more than three million military and civilian personnel in the U.S. Government are engaged in protecting the country and advancing our interests abroad, through diplomacy, development, defense, intelligence, law enforcement, and homeland security.  In broad comparison with the wider Federal Government, the federal workforce dedicated to our national security and foreign policy is – on average – less diverse, including at the highest levels.

While this data does not necessarily indicate the existence of barriers to equal employment opportunity, the Presidential Memorandum outlines a number of actions that will allow departments and agencies to better leverage the diversity and inclusion of the federal workforce, consistent with the existing merit system and applicable law, including:

#Collection, analysis, and dissemination of workforce data: Data is an essential tool to help departments and agencies identify workforce talent gaps, assess the efficiency and effectiveness of their diversity and inclusion efforts, and promote transparency and accountability. The memorandum provides guidance for departments and agencies to make key workforce data available to the general public, provide an annual report to their leadership and workforce on the status of diversity and inclusion efforts, expand the use of applicant flow data to assess the fairness and inclusiveness of their recruitment efforts, and identify any additional demographic categories they recommend for voluntary data collection.

#Provision of professional development opportunities and tools consistent with merit system principles: Providing access to professional development opportunities consistent with merit system principles is a key element to retaining and developing a diverse and inclusive workforce. The memorandum directs departments and agencies to engage their workforce through regular interviews to understand their views on workplace policies and why they choose to stay or leave, prioritize the expansion of professional development opportunities including programs specifically designed to develop the next generation of career senior executives, and implement a review process for decisions related to certain assignment or geographic restrictions.

# Strengthening of leadership engagement and accountability: The memorandum recognizes the critical role that senior leadership and supervisors play in fostering a diverse and inclusive workforce and cultivating talent consistent with merit system principles. It encourages departments and agencies to reward and recognize efforts by senior leaders and supervisors to participate in mentorship, sponsorship, and recruitment; to disseminate voluntary demographic data for external committee and boards that advise the leadership of an agency; and to expand the provision of training on implicit or unconscious bias, inclusion, and flexible work policies.

The full text of the memo is available here.

The State Department’s top HR person Arnold Chacon forwarded President Obama’s message to agency employees encouraging them to read the memo and learn of government-wide efforts:

Today the President issued a new Presidential Memorandum providing guidance on the implementation of policies to promote diversity and inclusion in the national security workforce. Under the leadership of Deputy Secretary Higginbottom the Department has been an integral part of this effort. It’s consistent with our values and the principles enshrined in the Foreign Service Act of 1980 and other legislation. As outlined in the QDDR under Secretary Kerry’s leadership, we’ll continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.

I believe strongly that we have no greater resource than our people. As the face of America to the world, we have a responsibility to ensure the Department’s workforce reflects our nation’s richness and diversity. I encourage you to read the White House fact sheet below and the Presidential Memorandum to learn more about government-wide efforts to strengthen diversity and inclusion at all levels.


Waaaaa! When the State Department sounds like Baghdad Bob!

The statement says, this has been so “consistent with our values and the principles enshrined in the Foreign Service Act of 1980” that it was impossible to pry the gender and diversity data from the State Department (a 2013 stats was made available to AFSA). For years we’re been looking at the State Department to make available publicly its diversity statistics, most particularly the gender and race component of its promotion statistics (see related posts below). Somebody from Secretary Kerry’s office once told us he would look into it and then we never heard anything back despite periodic reminders.  Data is available annually, just not available publicly.

Last April 2016, the Senate passed a bill (introduced in June 2015) that would require the State Department to report on diversity recruitment, employment, retention, and promotion.  That same month, just days before the Senate passed S.1635, the State Department dumped online its promotion data for 2015 (see @StateDept Dumps Online the 2015 FS Promotion Statistics Including Diversity Data, Have a Look!). The way HR presented this data –particularly the one on diversity and cone — is enough to give you migraine.  But what happened to the previous years’ data? Is the State Department going to wait until Congress forces it to publish promotion data going back three fiscal years?

Patricia Kushlish of WhirledView wrote two posts Lies, Damned lies and non-comparable statistics: reporting diversity at the State Department and More than Undiplomatic Moments: State’s Diversity Record Remains Behind a Hard Line that are both worth a read.

 

Talking the Talk, But Where’s the Walk?

The DGHR cites “the leadership of Deputy Secretary Higginbottom” his boss’s boss and the State Department as “an integral part of this effort.” He further cites “the QDDR under Secretary Kerry’s leadership” as the State Department “continue to work to promote a diverse, capable, agile workforce that can advance America’s interests and values in the 21st century.”

Look, first — remember back in 2014 we posted about FSO Margot Carrington’s paper on Advancement for Women at State: Learning From Best Practices? That report was written during a sabbatical sponsored by the Una Chapman Cox (UCC) Foundation and the State Department (see Advancement for Women at the State Department: Learning From Best Practices). The paper includes multiple recommendations including the collection of detailed attrition data and exit interviews to better understand the factors leading to attrition/retention; training and other assistance to women to help them learn to network more effectively and solicit sponsors to help them in their career development and advancement; mitigating unconscious bias; mentoring requirement for all SFS officers and making them accountable for their performance as mentors, to cite a few. Wasn’t the State Department’s “integral” participation in this WH effort informed by the report done by Ms. Carrington? Yes? No? Never heard of it?

WhirledView once asked, “Why is it that Foreign Service recruitment is able to recruit entry level classes that are far more representative of the American population as a whole but the further an individual advances up the career ladder the fewer the women and minorities are found.”  That is a really good question and top officials at State should be able to answer that. And what would have been most useful in that DGHR statement?  Had DGHR included information on what the State Department has done or is planning to do in support of promoting diversity and inclusion. What programs and accommodations is it doing to improved D&I at the agency?  Since the State Department was an “integral” part of President Obama’s effort why not talk about what is the State Department doing in terms of collection, analysis, and dissemination of workforce data? What is it doing in support of strengthening leadership engagement and accountability?   What is it doing in support of  professional development to improve opportunities for women and promote a more diverse leadership?

Because after reading and admiring the government-wide D&I efforts–  then what?

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More Email Fallout and Security Clearance: @StateDept Says, “We’ll do it by the FAM.”

Posted: 4:22 am ET
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The State Department has reportedly resumed its internal review related to the Clinton emails.  The spox refused to confirm “what specific materials” the State Department will consider or “what individuals may or may not be evaluated for possible employment or security clearance-related actions.” Note that this internal review is conducted by Diplomatic Security; perhaps due to public interest the results of the review may be released to the public, but that is not a given.

Via DPB dated July 15, 2016

We have additional information to provide about our internal review process. I will not be speaking about any specific case, nor will I be engaging in hypotheticals. As is standard, to protect the integrity of our work we cannot discuss the details of an ongoing review. Just as the FBI did not comment on its investigation, while it is ongoing we will not comment on our review.

That means I cannot confirm for you what specific materials we will consider or what individuals may or may not be evaluated for possible employment or security clearance-related actions. Our policy – so yes, it is —

QUESTION: What can you tell us?

MS TRUDEAU: It is moving. Yes, well, let’s go and I’ll give you exactly what we can.

Our policy is to assess each case on its own merits while taking into account all relative – relevant facts and circumstances. Furthermore, the department cannot comment on the status of any particular individual’s security clearance. Our goal is to complete this process thoroughly and expeditiously, but we will not put arbitrary deadlines on our work.

There is a significant amount of information about our process available to the public online. You’ll like this: For instance, I would point you to our Foreign Affairs Manual, specifically 12 FAM 500 and 230 sections. I’ll do my best to outline this process from the podium, but I cannot speak to every provision in the FAM. I also cannot speak to how the process will be applied to account for any specific circumstances.

In summary – and I still have a lot more to go, so stay with me – Diplomatic Security is responsible for evaluating security incidents and then reviewing them as appropriate for potential security clearance-related actions. Diplomatic Security is also responsible for referring certain incidents to our Bureau of Human Resources for potential employment actions. No matter the individual or conduct involved, the department conducts the review process in a professional, impartial, and fair manner that takes into account all relevant circumstances.

Multiple components within Diplomatic Security are involved in the process, supervised and overseen by the assistant secretary for Diplomatic Security. One component of Diplomatic Security conducts an initial assessment of security incidents and, when appropriate, issues security infractions or security violations. Security clearance reviews are conducted by a different DS component. As with Director Comey at the FBI and Attorney General Lynch at DOJ, it’s standard for our chief law enforcement officer, the assistant secretary for Diplomatic Security, to be involved with high-profile or complex matters, which is certainly the case here.

Assistant Secretary Greg Starr is the person in Diplomatic Security who is ultimately responsible for affirming or rejecting recommendations to revoke an individual’s security clearance. A decision to revoke a security clearance may be appealed to the Security Appeals Panel. Similarly, our human resource process can include multiple components, but ultimately Director General Arnold Chacon is responsible for taking disciplinary actions on an employee. That’s our process.

I know there’s questions about potential outcomes of the process. The short answer is that outcomes for any individual depend on their specific circumstances taking into account all of the relevant facts. This is what our review will determine. Current employees can face a range of employment discipline including reprimand, suspension, and termination. People with security clearances, including former employees, could have those clearances suspended and/or revoked.

We also maintain a security file on all personnel involved in security incidents. For individuals who no longer have a security clearance, the incident information is kept in their security file so it can be considered if they apply for a security clearance in the future. When evaluating whether a person remains eligible for access to classified information, the department follows the whole person approach based on the government-wide adjudication guidelines. Our Foreign Affairs Manual states that, quote, “Each case will be judged on its own merits,” end quote, based on specific, quote, “facts and circumstances,” end quote. Under the guidelines we can look at the severity of an incident, whether the person is a repeat offender, whether the individual is amenable to training or reform, and whether the incident was a technical violation or resulted in actual harm to national security.

As we have said, now that the FBI and DOJ have concluded their investigation, the department intends to conduct a review of Secretary Clinton’s emails according to our well established Security Incident Program. We’re preparing to conduct our review.

QUESTION: Okay.

MS TRUDEAU: So there’s a lot. Thank you for your patience.

QUESTION: Well, I’ve got to digest quite a few.

MS TRUDEAU: Yeah.

QUESTION: But be with me on this, because I’m trying to get my head around it.

MS TRUDEAU: Yeah.

QUESTION: So the question here is: Has the FBI handed over – and how many emails has the FBI handed over to be reviewed?

MS TRUDEAU: At this stage, we have not received any from the FBI.

QUESTION: Have they indicated to you when that’s going to be?

MS TRUDEAU: I have no timeline on that, but we have not received them.

QUESTION: And then on DS, are they the – do they have the final word? Would – does Greg Starr have the – Assistant Secretary Greg Starr have the final word on this? Or can Secretary Kerry or even the President overturn those decisions or have the final say?

MS TRUDEAU: So I said there is – as I mentioned, there is a significant amount of information about our process online. So for this particularly, look at section 230 and 500 of 12-FAM. The 500 section outlines the Security Incident Program, which is handled by the Program Applications Division of Diplomatic Security. The 230 section outlines the security clearance, which is administered by the Office of Personnel Security and Suitability, also within DS. Both components operate under the oversight and supervision of the assistant secretary for Diplomatic Security.

QUESTION: So when it comes to Diplomatic Security, is that withdrawn – as you’re investigating it, is that withdrawn at the end or is it withdrawn at the beginning? Is it frozen? How does that work?

MS TRUDEAU: So the process you’re talking about – and forgive me for the FAM references, but it’s really detailed and really specific. So if people are looking for the details on this, refer to 12-FAM 233.4. I’m going to refer you there. As a general matter, the suspension of a security clearance is available if Diplomatic Security determines it’s appropriate while they carry out their review. However, if you read the FAM, you’ll see it’s not an automatic process; whether or not to suspend a person’s clearance depends on the circumstances. It’s a judgment of the trained professionals in DS.

QUESTION: And then how unusual is it that Diplomatic Security – or how unusual is it that this process – that you use this process?

MS TRUDEAU: So I’m not – it’s – I’m not going to talk sort of precedent, but I would say that there is offices within Diplomatic Security, and this is their mandate. All of us within the department – and we’ve spoken about this; Secretary Kerry has spoken about this – have the obligation to safeguard and correctly handle information.

QUESTION: So would this also include former employees? It includes former employees, right?

MS TRUDEAU: As I’ve said.

QUESTION: As you said. Does it include employees that are not part of the State Department but might also be involved in this – in the emails?

MS TRUDEAU: Okay, I’m not going to speak, as I mentioned, to the specifics of any individual, any case. I just want to outline this broadly, bring you guys up to date on it, and give you the references, because it is such a technical and granular matter.

QUESTION: Yeah. But I mean, as you know, Secretary Kerry – Secretary Clinton has been involved in this, and a lot of people are wondering how this could affect her. So would you be able to make some kind of outcome whether it includes her or whether it includes somebody in a lower position? Is everybody going to be looked at equally?

MS TRUDEAU: Again, I just can’t speak to the specifics on who will be reviewed, what incidents will be reviewed. But I will say the review is taking place.

QUESTION: And you can’t tell us when this review is going to start?

MS TRUDEAU: No. No, they – the idea of projecting a timeline on this – we’ll say they’re committed to a fair, impartial, and absolutely rigorous process.

QUESTION: And when you say – just one more question.

MS TRUDEAU: Sure.

QUESTION: When the FBI says that it’s looking at thousands of withheld emails, that it’s going to give State thousands, you don’t know if it’s going to be thousands or if it’s going to be hundreds? You have no idea?

MS TRUDEAU: I couldn’t speak to the FBI documents.
[…]
QUESTION: Is Pat Kennedy going to be involved in any of this?

MS TRUDEAU: Okay, so thanks for the question.

QUESTION: I know there’s been some questions about that.

MS TRUDEAU: Yeah. So first, as we’ve said many times, Under Secretary Kennedy did not approve nor was he aware of the extent to which Secretary Clinton was using personal emails. No matter the individual or the conduct involved, the department will conduct and does conduct the security clearance process review in a professional, impartial, and fair manner that takes into account all relevant circumstances.

According to our Foreign Affairs Manual, the Under Secretary for Management Pat Kennedy becomes involved in a security clearance revocation in the event of an appeal. He is a member of a three-person panel that’s at the very end of our process. I’m not going to speculate that it’ll even get that far.

QUESTION: And you said Secretary Kerry is not going to be involved?

MS TRUDEAU: So Secretary Kerry will be informed of the details, the results of the review, after its completion. Again, I’m not going to speculate on outcomes or hypotheticals. As we’ve said many times from this podium, he wants this review done by the book, and the book requires Diplomatic Security lead and conduct this review.

QUESTION: And then just one more small one.

MS TRUDEAU: Sure.

QUESTION: Will the – so FAM is pretty clear that supervisors (inaudible) be held responsible for their subordinates’ actions. How are you going to deal with this? Is this —

MS TRUDEAU: That is – that’s something I think I’m not going to speculate on that. I’m not going – I can’t speak to the details of that. I can’t speak to the review. And honestly, I’m not going to get into hypotheticals on the review.

QUESTION: Yeah. And then are you going to deal it as one big infraction, or are you going to look at several —

MS TRUDEAU: Again —

QUESTION: You don’t know?

MS TRUDEAU: I can’t speak to how they’ll do it – specific incident, individuals. It’s just the review is happening.

QUESTION: Will they —

MS TRUDEAU: We’ll do it by the FAM.

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@StateDept Honors 47 Employees For Exceptional Performances at Home and Abroad

Posted: 12:20 am EDT
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The Department-wide annual awards ceremony was held on November 5, 2015 at the Ben Franklin Room with Secretary Kerry, Deputy Secretary of State for Management and Resources Heather Higginbottom and DGHR Arnold Chacon in attendance. As its usual practice, the names of awardees are usually announced via cable to all posts in fall but the public release of names occur via publication in the agency’s official rag, State Magazine, which typically occurs in January of the following year.

Extracted from State Magazine, January 2016:

 

Related items:

Awards of the United States Department of State (Wikipedia)

3 FAM 4800 Department Awards Program (Foreign Affairs Manual):
4810 Awards Program-General
4820 Honor Awards
4830 Annual Awards
4840 Recognition Awards
4870 Honor Award for Exceptionally Arduous Service

 

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State Dept’s Conduct and Disciplinary FAM Regulations — Still as Clear as Mud?

Posted: 3:54 pm EDT
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On March 17, the American Foreign Service Association (AFSA) wrote to Arnold Chacon, the Director General of the Foreign Service and the State Department’s top HR official requesting clarity on the applicability of 3 FAM to career and political/non-career employees of the oldest executive agency in the union. (see AFSA Politely Asks the State Dept: Is Adherence to the Foreign Affairs Manual Optional For Some?NewsFlash: “The FAM is not a regulation; it’s recommendations.” Hurry, DECLINE button over there!).

A long time Foreign Service hand told us that the practice has usually been that if a politically appointed State Department official or ambassador violates the Foreign Affairs Manual conduct and disciplinary regulation, that matter is generally raised with the sponsor of the non-career appointee.  Which typically means, the White House.  The infraction is then reportedly handled outside of the State Department system.  In rare cases, the Office of Inspector General is called in with the approval of the secretary of state. This is, apparently not the practice at DOD where political appointees are warned that DOD regulations and enforcement system apply to them equally.

We know that DGHR did respond to AFSA’s inquiry towards the end of Bob Silverman’s tenure but we were told to wait for the incoming elected officials to release the response. Last month, we sent a follow-up email to new AFSA president Barbara Stephenson asking if AFSA can share the DGHR’s clarification on the applicability of the FAM to non-career appointees.  To-date we have received only radio silence from AFSA’s Barbara Stephenson and her VP. We can appreciate why some official correspondence between AFSA and DGHR under special circumstances should be under wraps but what good reason is there not to respond to a solicitation for information on this matter?

A source on background did provide us what DGHR sent to AFSA in response to its March 17 inquiry.

AFSA was seeking clarity as to the provisions in 3 FAM.  In his response, the Director General of the Foreign Service (DGHR) specifically mentions 3 FAM 4300 and 3 FAM 4500 regarding conduct and disciplinary standards and how they might be applied to non-career appointees as opposed to career employees.

DGHR Arnold Chacon writes with an assurance, “From the outset let me assure you that 3 FAM regulations are much more than “guidelines.” They are derived from law and for govemment-wide regulation and are directives to State Department personnel. As you are aware, 3 FAM governs all pertinent personnel policies, practices and matters affecting conditions of employment, most if not all of which as it pertains to Foreign Service is negotiated as appropriate with AFSA.”

DGHR Chacon further writes, “Regarding conduct and discipline of non-career appointees, I can say with confidence that all forms of misconduct are taken seriously by the Department and will be dealt with accordingly. The FAM, by its terms, applies to Schedule A and B appointees. lf a Schedule C or other political appointee were to allegedly commit misconduct, then the State Department and the White House would work in concert to review the situation, take action to prevent abuses, and, if appropriate,  remove the employee. You can be assured that misconduct will always be addressed and dealt with in a fair, thorough and responsive manner, while respecting the right of due process and adherence to the tenet of like penalties for similar offenses.”

Last month, the question of the applicability of the FAM, related to the secretary of state also surfaced during a Daily Press Briefing (see Question of the Day: Is the Secretary of State bound by the rules of the Foreign Affairs Manual or not?). We note the following in a blog post:

The January 2015 OIG report, Review of Selected Internal Investigations Conducted by the Bureau of Diplomatic Security (pdf) includes the following:

[The] Office of the Legal Adviser staff told OIG that the FAM’s disciplinary provisions do not apply to Ambassadors who, as in this instance, are political appointees and are not members of the Foreign Service or the Civil Service.

According to the OIG report, the Under Secretary for Management disagrees with this interpretation:

[T]he Under Secretary of State for Management advised OIG that he disagrees with the Office of the Legal Adviser interpretation, citing the provisions in the Foreign Service Act of 1980 which designate Chiefs of Mission appointed by the President as members of the Foreign Service. See Foreign Service Act of 1980, §§ 103(1) & 302(a)(1) (22 USC §§ 3903(1) & 3942(a)(1)).

So to sum up, the Office of the Legal Adviser has the opinion that the FAM’s disciplinary provisions do not apply to Ambassadors and other political appointees because they are not members of the Foreign Service or the Civil Service. “M” disagreed with that interpretation.  DGHR, an office reporting to “M” has the opinion that the FAM’s disciplinary provisions do/do apply to Schedule A and B appointees.  But note the careful wording in the DGHR’s response as he makes a distinction about Schedule C/political  appointees. He could have said straight up that the FAM applies to Schedule A, B, and C appointees, he did not.

So, there you have it, still as clear as mud?

cake

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Confirmations: Gilbert (NZ), Barber (Iceland), Hyatt (Palau), Palmer (Malawi), Heflin (Cabo Verde), Chacon (DGHR)

— Domani Spero
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Late Friday, December 12, the U.S. Senate confirmed by voice vote the following ambassadorial nominees:

  • Mark Gilbert – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to New Zealand, and to serve concurrently and without additional compensation as Ambassador Extraordinary and Plenipotentiary of the United States of America to the Independent State of Samoa;
  • Robert C. Barber – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Iceland;
  • Amy Jane Hyatt – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Palau;
  • Virginia E. Palmer – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Malawi;
  • Donald L. Heflin – to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Cabo Verde;
  • Arnold A. Chacon – to be Director General of the Foreign Service;

The Senate also confirmed David Nathan Saperstein, to be Ambassador at Large for International Religious Freedom in a 61-36 vote.

Two members of the Broadcasting Board of Governors were also confirmed:

  • Michael W. Kempner – to be a Member of the Broadcasting Board of Governors for a term expiring August 13, 2015;
  • Leon Aron – to be a Member of the Broadcasting Board of Governors for a term expiring August 13, 2016

 

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Is the U.S. Senate Gonna Wreck, Wreck, Wreck, the Upcoming Bidding Season in the Foreign Service?

— Domani Spero

 

Do you know how many Foreign Service members are currently awaiting approval for commissioning, tenuring and promotion in the U.S. Senate? 1,705. That’s 1,705 regular folks  in the career service, excluding the ambassadorial nominees.

Some of these names have been submitted since January, and they are all still pending in a dark cauldron brewing in the SFRC.

In a message to its members on March 18, AFSA writes that it “has worked diligently for months on this issue and we would like to alert you that last week, important progress was made in resolving the holds, through the leadership of Senate Foreign Relations Committee Chairman Senator Bob Menendez (D-NJ) and Ranking Member Senator Bob Corker (R-TN).   AFSA is confident that both sides have demonstrated the good will necessary to move the process forward and looks now to an amicable and expedited solution to this situation in the coming days.”

The Senate's side of the Capitol Building in DC.

The Senate’s side of the Capitol Building in DC. (Photo credit: Wikipedia)

End of the month and here we are.  Neither the Chairman nor the Ranking Member of the SFRC has anything to say about this logjam on their website.

These employees are waiting Senate attestation so they are officially commissioned, tenured and promoted. And you know what, the Foreign Service “bidding season” is fast eating up the days in the calendar.

Why this can get complicated?

A good number of these employees pending at the SFRC will be “bidding” for their next assignments.   The Foreign Service is a rotational, rank-in-person system.  As a consequence, there will be “real” FS-01s, for example and “FS-02s” who are supposed to be treated as 01s but who technically are 02s.

The State Department reportedly is telling folks looking at bids to treat “02” bidders as “01s” and so on and so forth because of inaction from the Senate.

Oh crap, how do you sort them all out?

One frustrated official writes, “I can’t see how this won’t have a major impact as we’re evaluating employees.”

Not only that, we imagine that the bump in pay and associated hardship/danger/COLA allowances (a percentage of basic compensation) will also not get taken care of until the Senate officially blesses these names.

Since bad news comes in threes — you should know that Ambassador Arnold A. Chacon’s nomination as Director General of the Foreign Service got out of the SFRC in February 2 but has been stuck since then waiting for a full vote in the U.S. Senate.

WaPo recently reported that President Obama may have learned how to finally break through the months-long Senate logjam on his ambassadorial nominations: he or Vice President Biden must travel to the countries where nominees would be headed.

Unfortunately for the Foreign Service, neither President Obama nor VP Biden has DGHR listed in their immediate schedule.

Below is the list of nominations pending in committee:

  • Feb 10, 14     PN1419    Foreign Service Nominations beginning Scott S. Sindelar, and ending Christine M. Sloop, which 6 nominations were received by the Senate and appeared in the Congressional Record on February 10, 2014.
  • Feb 10, 14     PN1418    Foreign Service Nominations beginning Mark L. Driver, and ending Karl William Wurster, which 59 nominations were received by the Senate and appeared in the Congressional Record on February 10, 2014.
  • Jan 30, 14     PN1384    Foreign Service Nominations beginning Beata Angelica, and ending Benjamin Beardsley Dille, which 381 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1383    Foreign Service Nominations beginning Kevin Timothy Covert, and ending Paul Wulfsberg, which 277 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1382    Foreign Service Nominations beginning Matthew D. Lowe, and ending Wilbur G. Zehr, which 242 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1381    Foreign Service Nominations beginning Gerald Michael Feierstein, and ending David Michael Satterfield, which 196 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1380    Foreign Service Nominations beginning Kate E. Addison, and ending William F. Zeman, which 121 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1379    Foreign Service Nominations beginning Kathleen M. Adams, and ending Sean Young, which 112 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1378    Foreign Service Nominations beginning Julie Ann Koenen, and ending Brian Keith Woody, which 94 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1377    Foreign Service Nominations beginning Susan K. Brems, and ending Ann Marie Yastishock, which 45 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1376    Foreign Service Nominations beginning Scott Thomas Bruns, and ending Janelle Weyek, which 23 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1375    Foreign Service Nominations beginning James Benjamin Green, and ending Geoffrey W. Wiggin, which 11 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 30, 14     PN1374    Foreign Service Nominations beginning Christopher David Frederick, and ending Julio Maldonado, which 3 nominations were received by the Senate and appeared in the Congressional Record on January 30, 2014.
  • Jan 09, 14     PN1317    Foreign Service Nominations beginning Ranya F. Abdelsayed, and ending Fireno F. Zora, which 135 nominations were received by the Senate and appeared in the Congressional Record on January  9, 2014.

We can’t help but think that this is one more  unintended consequence from the Senate’s “nuklear” option.  This WaPo piece on President Obama’s inability to fill many of his administration’s most important jobs is not even hopeful.

Doesn’t this remind you of  wreck ’em Plants v. Zombies, the DC edition?

 

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