How @StateDept Handles Domestic Violence Overseas: One Example and Some Questions

 

In the many years that we’ve watched the State Department, or asked questions about assaults, harassment, or domestic violence, we seldom see a public accounting of how the agency handles these cases, particularly overseas.  State had such a case in 2018. And we’re only seeing it now because the case landed in the U.S. Equal Employment Opportunity Commission.  The EEOC case came from a complainant who was previously assigned to an overseas post in the Bureau of Near Eastern Affairs (NEA).
On November 7, 2018, Complainant filed an EEO complaint alleging that the Agency [State Department] subjected him to discrimination and a hostile work environment/harassment on the basis of sex (male), status as a parent, and in retaliation for “whistleblower activity”. The EEOC notes that “With respect to Complainant’s allegations on appeal of violations of the U.S. Constitution, whistleblower protection laws, criminal laws, and tortious laws not addressed by EEO laws, these laws are not within the purview of the EEO complaint process.”.
The State Department concluded that Complainant failed to prove that the Agency subjected him to discrimination as alleged. On March 13, 2020, the EEOC issued a decision which affirmed the Agency’s final decision. Excerpt from Appeal No. 2019005790:
The Agency accepted the complaint as to the alleged basis of sex and conducted an investigation, which produced the following pertinent facts:
Complainant was assigned to the Agency’s facility [/], accompanied by his spouse (“Spouse”) (female) and children. He and his family resided in U.S. government-supplied housing.
On September 21, 2018, Spouse reported an incident of domestic violence to the Deputy Regional Security Officer (Deputy RSO), alleging Complainant assaulted her. The alleged assault occurred on September 9, 2018, while they were on vacation in Poland. Deputy RSO attested that, based on Spouse’s report, it was reasonable to believe that domestic violence had occurred, and he reported the situation to the front office and the Office of Special Investigations (OSI), as required by Agency policy.
The Agency’s Family Advisory Team (FAT) was advised of Spouse’s report of domestic violence and they recommended that, in the best interest of the family, Complainant and Spouse be separated for a cooling down period. One factor in the decision was Spouse’s comment that she was afraid of Complainant’s finding out that she made the report. Members of the FAT recommended the separation out of concern for further violence, without a determination as to the veracity of Spouse’s allegations, until a decision could be made as to the next steps. The Deputy Chief of Mission instructed that Complainant be removed from the residence, pending further deliberations by the FAT.
On September 21, 2018, Deputy RSO and two other Agency employees went to the residence Complainant shared with his Spouse and their children and informed Complaint that he was being relocated to a hotel. Complainant and Spouse were instructed not to contact each other until a decision was made about the alleged domestic violence incident. Complainant cooperated and was escorted to a hotel.
On September 25, 2018, Complainant reported to Deputy RSO that Spouse was the aggressor in the domestic violence incident. Deputy RSO instructed Complainant to communicate with OSI, as they had jurisdiction.
In the instant complaint, Complainant alleged sex was a factor because he was required to leave the residence, while Spouse remained in the home with their children.
On September 26, 2018, Complainant met with a Human Resources Officer (HRO) and Agency security personnel and was informed that he must immediately leave the post and return to the United States. He was given the choice of voluntary or involuntary curtailment. He was informed that the issues facing his family could not be addressed locally and resources were not available to manage his family situation. Complainant agreed to a voluntary curtailment because the official reason would be classified as personal and there would be no discipline. He also attested that he selected voluntary curtailment because, even though he was the victim of Spouse’s assault, he did not believe he would have any support at the post.
HRO explained that when there is a conflict between two members of a household and one or more of the individuals are direct hires, the Agency policy is to curtail the direct hire. She further explained that this approach is preferred as there is an unwillingness to involve the local police in a potential domestic violence situation. She explained that the post cannot adjudicate claims and make a determination, as that authority rests with OSI. She explained that the post has no authority to require a family member of a direct hire to leave the country and the only viable option is to require the direct hire to curtail, which then will require the spouse or other family member to vacate the government-supplied housing.
The Deputy Chief of Mission attested that she made the decision to curtail Complainant, as this was the third occasion of serious behavioral incidents involving Complainant since he arrived, less than a year ago and, based on the advice from FAT, she instructed that he be given a choice of voluntary or involuntary.
On September 28, 2018, Complainant returned to the United States. Spouse and their children remained behind to pack their belongings and arrived in the United States on October 17, 2018.
Upon his arrival in the United States, Complainant was informed by Diplomatic Security that an update for approval of his security clearance had been initiated “for cause.” Complainant’s security clearance was not scheduled to expire until June 2021. Complainant alleged that the review of his security clearance was initiated by the post to support their decision to remove him from [post].
The Office Director of DS/SI/PSS explained that he was, in part, responsible for the investigation and adjudication of security clearances for the Department and Complainant was subject to an “out of cycle” investigation regarding his security clearance because of the reports received from a Diplomatic Security investigation alleging potential misconduct. He explained that the investigation was “for cause,” non-routine, and pursuant to regulations.
With respect to the alleged harassment, Complainant attested that, on November 7, 2018, the Agency notified him that he was the subject of an administrative inquiry into allegations that he was a harasser.
He explained that he learned that, during a social setting, he made a comment about Spouse that might have been considered a distasteful joke but did not rise to the level of harassment. He also alleged that, during a meeting with the American Foreign Service Association and Human Resources, a Human Resources representative asked him when he anticipated retiring.
[…]
The Agency explained that, following Spouse’s report of domestic violence, the Agency felt it in the best interest of the family that Complainant and Spouse be separated for a cooling down period, pending a determination as to what steps were next. The Agency further explained that there is an unwillingness to involve local authorities in such matters and it lacks the authority to adjudicate such matters. The Agency explained that in such situations involving a direct hire employee and an accompanying spouse, it is the Agency’s policy to curtail the direct hire, which would then cause the spouse and family to be required to vacate the government-supplied housing. The Agency also explained that Complainant was subject to an “out of cycle” investigation regarding his security clearance because of the reports of alleged potential misconduct. We note that, although Complainant and Spouse disagree as to who initiated the domestic violence, Complainant does not deny that the domestic violence occurred. We find the Agency’s actions of separating the spouses, sending the employee back to the United States, and subjecting him to another security investigation to be reasonable under these circumstances. Therefore, although Complainant has alleged discrimination, he has not established by a preponderance of the evidence, that the legitimate, non-discriminatory reasons articulated by the Agency were a pretext for unlawful discrimination or motivated by some unlawful discriminatory animus with respect to any of these claims.
The links to the related regs are below. In this case, State told the EEOC that “there is an unwillingness to involve local authorities in such matters and it lacks the authority to adjudicate such matters.” And yet, 3 FAM 1815.2 says:

d. If the initial report is substantiated, action may include one or more of the following: (1)  Post may call upon local authorities or resources in certain cases; […] (5)  Post may be asked to call upon shelter and child protection resources or find alternative shelter within the post community for the victim and any children.

Seriously though, why are these options decorating the FAM if they are never real options? In certain cases? Which cases would there be a willingness for post to call upon local authorities to settle a domestic violence case?
Perhaps the most striking thing here — well, a couple of things. 1) “Complainant agreed to a voluntary curtailment because the official reason would be classified as personal and there would be no discipline”; and 2) the Agency’s point that “the only viable option is to require the direct hire to curtail, which then will require the spouse or other family member to vacate the government-supplied housing.”
And then what?
The spouse and children returns to the United States. To where actually? To get back with the spouse? To a halfway house? To a homeless shelter? What actually happens to the family upon return to the United States following a report of domestic violence overseas? Folks do not always have houses in the DC area, spouses may be foreign born with no families in the DC area. In most cases, the household effects and those on storage are also under the employee’s name only (unless the spouse made prior arrangements).
So what happens next? Could ‘what happens next’ be one of the main reasons why folks do not report these cases?  

Related items:
3 FAM 1810 FAMILY ADVOCACY PROGRAM (CHILD ABUSE, CHILD NEGLECT, AND DOMESTIC VIOLENCE)
3 FAM 1815  DOMESTIC VIOLENCE

FSGB 2020-008: Voluntarily Curtail Under Threat of Involuntary Curtailment or a Bad EER

 

Via FSGB 2020-008
Grievant is a tenured FP-02 Diplomatic Security Special Agent assigned as the Regional Security Officer (“RSO”) at U.S. Embassy [REDACTED] from June 2, 2017 until her involuntary curtailment on May 30, 2019. On July 3, 2019 she filed a complaint with the Department’s Office of Civil Rights (“S/OCR”) alleging sex, disability and age discrimination and reprisal for prior protected activity. In her S/OCR complaint dated July 3, 2019, she alleged 10 separate incidents of discrimination or reprisal by her rater, the Deputy Chief of Mission (“DCM”). She also alleged that at a May 8, 2019 meeting with the Ambassador (her reviewer), the rater and other senior officials, the Ambassador asked her to voluntarily curtail. When she refused, her rater informed her that her Employee Evaluation Report (“EER”) from April 16, 2018 to April 15, 2019 would contain a negative review statement. She ultimately declined to voluntarily curtail.
[…]
Grievant’s recitation of the facts – the underlying transactions – are contained in her agency filing as she has not yet filed her supplemental submission where she would have an opportunity to refine further her claims and remedies. In that filing, she provides extensive background chronicling allegations of sex and other forms of discrimination by her rater, the DCM. She also describes in detail four instances in which she invoked the displeasure of the Ambassador, her reviewer, for raising concerns that his actions or proposed actions constituted security risks. She then describes the removal of laudatory language in the draft rater’s statement and the circumstances surrounding her involuntary curtailment where she claims the DCM threatened to insert a negative reviewer’s statement into her previously drafted EER. She attributes both of these actions to retaliation for informing the DCM that she was initiating S/OCR proceedings.
From footnote, p.9:
“In stating I was going to seek EEO counsel and AFSA guidance related to discrimination I faced from the DCM, as I believe there were reprisal protections in place, I never envisioned I would face retaliation in the form of an involuntarily curtailment. It was only after I stated I was going to seek EEO counseling and AFSA guidance related to the DCM’s changes to the rater statement and then my refusal to voluntarily curtail under threat of involuntarily curtailment that a review statement which contained alleged performance issues materialized in retaliation for not acquiescing to the Front Office’s discrimination and reprisal.”
The FSGB Board issued the following order:
“… the Department’s Motion to Dismiss is denied in its entirety. Since the Department did not consider grievant’s claims on the merits, the Board remands the case to the Department for a decision on the merits. The Department should advise the Board of its decision not later than 45 days from the date of this order. Pending that decision, the Board retains jurisdiction of the case. Once the Department’s amended decision has been issued, grievant will have 60 days to amend her grievance appeal to the Board. In the meantime, the proceedings before the Board are stayed. The timeline for discovery will start anew when grievant files her amended appeal or advises the Board that no such amended appeal will be forthcoming.”
The FSGB files are not readable online; the files have to be downloaded first. Click here and locate FSGB 2020-008 from “Decision and Orders 2020” to read the full Motion to Dismiss order.

FSGB’s Noteworthy Cases Filed in 2019 and Pending Decision

The following cases are extracted from the Foreign Service Grievance Board’s 2019 Annual Report dated February 2020:
The grievant in FSGB Case No. 2019-045 was assigned to a country where the Zika virus was widespread. When his wife became pregnant, she was medically evacuated from the post. When the pregnancy ended in a miscarriage, State/MED contacted grievant’s wife and instructed her to forward the results of genetic testing done on the fetus, and she complied. Grievant claims that the Department gained access to these records under false pretenses and shared them in violation of the Genetic Information Nondiscrimination Act (GINA). He has asked that State/MED destroy the records. The Department has asserted that the Board lacks jurisdiction over the claims, and that grievant’s redress is through the Privacy Act.
The grievant in FSGB Case No. 2019-036 is an employee of the U.S. Agency for Global Media (USAGM), formerly the Broadcasting Board of Governors. He was hired in a position that had a salary cap of FP-02. In 2012, grievant was assigned to a position designated FP1/SFS (Senior Foreign Service). Grievant claims that at the time it was agreed that a mechanism would be found to lift the cap so he could compete for promotion to the higher grade. In 2012, a personnel form SF-50 was issued showing a skill code change to effect the desired change in status. Subsequently, however, the Human Resources Office advised grievant that the conversion was done incorrectly and that he was not eligible for promotion until the issue was resolved. Grievant claims that despite repeated requests from him, nothing has been done.
The grievant in FSGB Case No. 2019-020 claims that the Department retaliated against him when he questioned three grant activities involving his predecessor on the grounds of conflict of interest and violations of the ethics regulations. He claims that, as a consequence, his responsibilities were reduced and, ultimately, he was asked to curtail from post.
FSGB Case No. 2019-008 involves four claims, one of which is being resolved separately. In the first three claims, grievant challenges the Developmental Areas of three EERs and a low-ranking statement. In the fourth claim, grievant contends that his security clearance was wrongfully suspended and revoked. Although his clearance has subsequently been reinstated, he claims that harm to his career resulted.
In FSGB Case No. 2019-052, the grievant was assigned to a country in which the ambassador was a political appointee of the previous administration. Grievant believed she enjoyed good relations with him, despite a number of difficult issues the embassy encountered. However, when the ambassador chose to leave post early, he advised grievant that he was requesting her involuntary curtailment. On the advice of colleagues, she instead opted for a voluntary curtailment. She claims that although she was told by post management at the time that she would not be receiving an EER, she was later given one for a four-month period. That EER was the basis for a low ranking. Grievant claims that the EER includes a number of falsely prejudicial statements as well as procedural errors.
The grievant in FSGB Case No. 2019-040 is a female officer who claims that an EER she received is the result of gender bias and retaliation on the part of her rater. The EER formed a basis for low ranking.
The grievant in FSGB Case No. 2019-039 was the subject of an investigation, on the basis of which the Department originally recommended a 45-day suspension. While the charges were pending, the grievant was reached for promotion; however, the promotion was withheld pending the close of the disciplinary proceedings. Grievant was advised at the time that if the charges were resolved satisfactorily, his promotion would be made retroactive. At the close of the disciplinary procedures a number of years later, the penalty was reduced to a letter of admonishment. However, the Department maintains that the White House currently will not forward recommendations for retroactive promotions to the Senate for confirmation. It therefore forwarded a recommendation for promotion in 2019, not to be retroactive. Grievant claims back pay and benefits to the time he was reached for promotion.
The grievants in FSGB Case No. 2019-021 are new FSOs hired while already living in the Washington, DC area. They claim that they were improperly denied locality pay while assigned to long-term training prior to their first overseas assignments.
The grievant in FSGB Case No. 2019-024 is part of a tandem couple. When she was assigned to her first overseas post, her husband was granted Leave Without Pay to accompany her. According to State regulations, his official assignment was therefore Washington, D.C. Grievant and her husband returned to Washington after that assignment, in transit to their next post, where she took home leave and annual leave and had four months of language training. Rather than considering grievant as being on TDY and thus entitled to receive per diem, the Department classified her as having the same status as her husband, a Washington-based assignment, in accordance with its Standard Operating Procedures (SOP) on tandem couples. Grievant contends this is a violation of Department regulations, which treat each member of the Service as individuals entitled to their own benefits. Approximately one year after the grievance was filed, the Department, with AFSA approval, modified the operative SOP to permit tandem employees in grievant’s circumstances to be on TDY and receive per diem; however, the Department maintains that the modification was not retroactive and, therefore, does not apply to grievant.

U.S. Embassy Nassau: Aging Facility, Staffing Gaps, Curtailments, Morale Issues, and More in Sunny Bahamas

 

In 2012, State/OIG did an inspection of the US Embassy in Nassau, The Bahamas (see US Embassy Nassau: Where Absence Makes the Heart Not/Not Grow Fonder); State/OIG Nassau Report: What’s taking them so long?
The new inspection dated August 2019 reveals that the aging facility which was supposed to have been replaced in 2016 is still aging. The IG report now says that construction of a new chancery building is scheduled to begin in 2019 and be completed in 2021 on property purchased by the Bureau of Overseas Buildings Operations (OBO).
The State Department announced on February 1, 2019 that it has awarded the Design-Build contract for the new U.S. Embassy in Nassau to Caddell Construction Co., LLC of Montgomery, Alabama. Ennead Architects of New York, New York is the design architect for the project and Integrus Architecture of Spokane, Washington is the architect of record.
The report notes that the embassy had been without a permanent, confirmed ambassador since November 2011, when the incumbent, a political appointee, resigned. Her replacement was never confirmed, and, at the time of the inspection, the current nominee had been awaiting confirmation since 2017.
In May 2017, the WH announced the president’s intent to nominate Doug Manchester to be his ambassador to the Bahamas. His nomination was cleared by the SFRC in the fall of 2017 but failed to make it to the full Senate. His nomination was resubmitted in January 2018 and again in January 2019. The SFRC has held hearings on June 20, 2019. According to congress.gov, this nomination remains pending at the Senate Foreign Relations Committee.

 

Below via State/OIG:
  • Embassy Nassau is located in an aging facility originally leased by the Department of State (Department) in 1973 and purchased outright in 1994. Construction of a new chancery building is scheduled to begin in 2019 and be completed in 2021 on property purchased by the Bureau of Overseas Buildings Operations (OBO).
  • A related classified inspection report discusses the embassy’s security program and issues affecting the safety of mission personnel and facilities.
  • At the time of the inspection, the embassy had 143 authorized U.S. staff positions, 2 eligible family members, and 76 locally employed (LE) staff members. The embassy houses 11 different U.S. Government agencies and sub-agencies. Embassy Nassau also provides International Cooperative Administrative Support Services (ICASS)1 administrative and logistical support to U.S. Government agencies on Grand Bahama Island, Great Inagua Island, Andros Island, Great Exuma Island, and in Turks and Caicos.

Yay! Sections

  • The Chargé and, beginning in October 2018, the acting DCM carried out regular reviews of the Consular Section chief’s nonimmigrant visa adjudications, as required by 9 FAM 403.9-2d and 9 FAM 403.10-3d.
  • The Consular Section chief, who arrived in August 2017, demonstrated strong leadership in developing standard operating procedures, mentoring three First- and Second-Tour officers, and preparing for future hurricanes. OIG determined that the embassy’s consular programs generally complied with guidance in 7 FAM, 9 FAM, 7 FAH, applicable statutes, and other Department policies.
  • Embassy Nassau’s American citizen services workload consisted primarily of processing emergency passports. Nassau hosts up to six cruise ships from the United States per day with approximately 3,000 passengers each, the majority of whom are U.S. citizens. Passengers who missed their ships’ return to Florida contributed to the more than 400 emergency passports Embassy Nassau issued in FY 2018.
  • OIG determined that the Chargé and the acting DCM conducted their security responsibilities in accordance with 12 Foreign Affairs Handbook (FAH)-1 H-721[…] Shortly after her arrival, the Chargé reviewed, revised, and reissued all security directives, including one to all personnel under chief of mission authority mandating participation in the weekly checks of the emergency and evacuation radio network. In addition, she emphasized to staff that she expected full participation in the radio checks. Participation rates increased from 20 percent in spring 2018 to almost 90 percent by October of that year.
  • The Chargé successfully oversaw the embassy’s First- and Second-Tour employee development program for five officers and specialists, as directed by 3 FAM 2242.4. Participants commented favorably on the Chargé’s involvement in the program.

Oh, Yow! Sections

Via reactiongifs.com

Lengthy Gaps in Key Leadership Positions Hampered Operations

Embassy Nassau faced significant operational challenges due to lengthy staffing gaps in three key leadership positions: ambassador, DCM, and management officer. The embassy had been without a permanent, confirmed ambassador since November 2011, when the incumbent, a political appointee, resigned. Her replacement was never confirmed, and, at the time of the inspection, the current nominee had been awaiting confirmation since 2017. As a result, three different long-term Chargés have led the embassy since 2011. The current Chargé arrived in March 2018. Additionally, because the embassy’s DCMs have served as Chargé, it has also had a series of acting DCMs. The current acting DCM arrived in June 2016 as the INL Director and assumed the collateral duties of acting DCM in June 2018. As a result, like previous acting DCMs, she shouldered two sets of responsibilities. Finally, due to a series of curtailments in the management officer position, from 2014 to September 2018, the management section had relied on nine temporary duty officers as well as support from the Florida Regional Center.

OIG found that the lack of consistent leadership in the ambassador, DCM, and management officer positions, combined with a series of section heads covering two positions at once for long periods of time, led to serious internal control deficiencies and morale issues, as detailed later in this report. The newly assigned Management Officer arrived in September 2018 and started addressing the embassy’s internal control deficiencies, lack of procedures, and outdated policies. However, the current Front Office structure continued to place undue burdens on both the Chargé and the acting DCM, making it impossible for them to perform all of their required functions.

Internal control deficiencies

During the inspection, OIG identified numerous internal control deficiencies and vulnerabilities in the Management and Information Management Sections. The lengthy staffing gaps in key leadership positions exacerbated many of these issues, particularly those detailed in the Resource Management section of this report.

Management Section operations and oversight suffered as a result of staffing gaps due to two previous curtailments in the management officer position. Since 2014, the embassy had relied on a succession of nine temporary-duty management officers. Additionally, from 2014 to 2018, both the embassy and the management support structure at the Florida Regional Center experienced high turnover of staff.

Embassy Nassau did not have internal controls in place to ensure maintenance and repair charges for its vehicle fleet were properly recorded and monitored, increasing the risk of fraud. OIG’s review of maintenance logs and procurement orders found that in FY 2017 and FY 2018, the embassy spent $244,533 on maintenance and repairs but did not keep records to document that the work was necessary or was actually completed.

INL’s $17.8 million foreign assistance with no formal evaluation

INL has supported Bahamian law enforcement since 1978, including committing $17.8 million in foreign assistance since 2010. […] INL Nassau lacked appropriate metrics to monitor progress for its four law enforcement and judicial assistance projects. Specifically, OIG found that project metrics had not been updated since at least 2014 and were outdated. Furthermore, INL Nassau did not formally evaluate project progress on a quarterly basis, as required by INL guidance.7 INL Nassau told OIG that it informally reported project progress on a quarterly basis but was unaware of the requirement to formally track and monitor project progress against established metrics. Without current metrics for its projects, the embassy cannot measure progress and performance against the embassy’s ICS goals and INL’s strategic planning objectives.

Intranet woes, and WHA the hey?

Embassy Nassau’s intranet network faced critical processing delays and frequent variations in processing speed due to internal IT infrastructure issues. The May 2017 Bureau of Diplomatic Security CSA report also identified this severe network performance deficiency and recommended that the embassy work with the Department and the Regional Information Management Center in Ft. Lauderdale to resolve the issue. In August 2017, a regional center network technician performed a limited service repair to the network infrastructure but did not complete all needed repairs. Embassy staff told OIG that despite repeated embassy requests, WHA had yet to provide the additional Regional Information Management Center technical support to complete the work.

#

 

U.S. Consulate General Istanbul: Post On Evacuation Status With a “No Curtailment” Policy?

Posted: 1:49 am ET
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In October 2016, the State Department updated its Travel Warning for Turkey to announce the mandatory departure of family members of employees assigned to the Consulate General in Istanbul. The announcement says that the Department of State made this decision “based on security information indicating extremist groups are continuing aggressive efforts to attack U.S. citizens in areas of Istanbul where they reside or frequent” but adds that “the Consulate General remains open and fully staffed.”

The mandatory evacuation order issued in October meant that family members departed Turkey for temporary housing typically in the Washington, D.C. area without their household effects or personal vehicles. And like all posts on mandatory evacuation, the children had to be pulled out from their schools and temporarily enrolled in local schools in the DC area. We are not sure how many family members were evacuated from post but the last data we’ve seen indicates that USCG Istanbul has approximately 80 direct-hire US employees.

By law, an evacuation cannot last longer than 180 days so after the Under Secretary of State for Management (“M”) approves the evacuation status for post (authorized or ordered), the 180-day clock “begins ticking”. The order can be lifted at any time but if family members are not allowed to return to post, and no reassignment decision has been reached, the post status could change to “unaccompanied”.  For those not in the FS, that means, family members will not be allowed to return to post and incoming employees will no longer be allowed to bring their family members to their diplomatic assignment.

The latest evacuation order for USCG Istanbul could potentially last until April 2017 unless terminated earlier, or could be extended with a new order. Note that a previous evacuation order for US Mission Turkey was terminated in September 2016 and about five weeks later, the current evacuation order was issued. Who would have thought that Istanbul would become more restrictive than say, Beirut, where employees can still bring adult family members to post?

In any case, we understand that US Mission Turkey’s DCM had a meeting recently with the staff to let them know that post and HR/EX had agreed to halt all curtailments. Apparently, employees were told they cannot leave post until they have incoming replacements. But see — if they’re not allowed to send in their requests, or if the jobs of the curtailing employees are not listed anywhere, how will folks know about these job vacancies?  How will incoming replacements come about?  We understand that the hold placed on all curtailments apparently has “no stated expiration.”

We asked the State Department about this “no curtailment” decree specific to USCG Istanbul. Below is the full official response we received:

We cannot comment on the status of individual requests, but we can confirm that it is incorrect that a “no curtailments” policy is in effect in Mission Turkey. The Department adjudicates curtailment requests on a case by case basis, in line with established regulations and procedures. In doing so, we take into account the well-being and the individual circumstances of our employees and their family members, as well as the need to ensure sufficient staffing to undertake the important work of our diplomatic posts.

We should note that we did not inquire about individual curtailments; and our question was specific to Istanbul, and did not include Ankara or Adana. You are welcome to interpret “Mission Turkey” in the most convenient way, of course.

We’ve learned that this is not the first instance of a decree issued on specific posts. In one NEA post, the Front Office reportedly made it known that it “would not accept” curtailment requests until further down the “ordered departure” road.  During the Ebola outbreak in West Africa, the Director General was also reportedly asked to implement a policy that no curtailment requests from those affected posts would be allowed until senior management decided it was “appropriate.”

We can see where the State Department is coming from; it certainly would not like to see mass curtailments from staffers but  — there is no authority in the books that prohibit curtailment requests. And as somebody familiar with the bureau puts it, “HR knows this damn well.”  

Curtailment is the shortening of an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post.  The statutory authority for curtailment is found in the Foreign Service Act of 1980.

In the Foreign Affairs Manual, 3 FAM 2443.1 allows an employee assigned abroad to request curtailment of his or her tour of duty for any reason.  The regs say that the employee should submit a written request for curtailment that explains the reasons for the request to the appropriate assignment panel through his or her counseling and assignment officer. Post management must state its support for or opposition to the employee’s request.  The Foreign Affairs Manual makes clear that a curtailment is an assignment action, not a disciplinary one.

The FAM provides any employee the right to request a curtailment for any reason at any time, regardless of where the employees are serving.  It’s been pointed out to us that this does not/not mean that the assignment panel will approve the request. We understand that the panel’s decision typically depends on the argument made by the CDO (Career Development Office) at panel and whether ECS (Employee Consultation Service) strongly supports the “compassionate curtailment.”

A source familiar with the workings of the bureau observed that if post is refusing to send out the curtailment request via cable, the employee needs to connect with his/her CDO and go the DGDirect route. If necessary, employees can also go to AFSA, as there are precedence for this in prior attempts to declare no curtailment decrees at other posts under “ordered departure” or where there were outbreaks of diseases (Ebola, Zika).

Note that 3 FAM 2446 provides the Director General of the Foreign Service the authority to propose curtailment from any assignment sua sponteAccording to the FAM, the Director General may overrule the assignment panel decision to curtail or not to curtail if the Director General determines that to do so is in the best interests of the Foreign Service or the post.

Related posts:

 

 

From Someone Who Has Unfortunately Been There: Sexual Assault Trauma Triage in the Foreign Service

Posted: 1:51 am ET
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In response to our post — First Person: I am a ✂️ FSO who was ✂️ raped in ✂️… Continuing on has been ✂️ incredibly difficult…, we received the following from a Foreign Service member who does not want to be identified but sent a note that says “here are some suggestions for sexual assault trauma triage in the FS, from someone who has unfortunately been there.”  

1. Reach out to someone outside of DOS for support, like friends and family back home whose discretion you trust. There is so much shame involved in sexual assault, but you do not have to go through this alone.

2. Find a therapist (PhD preferable). Sexual assault survivors report the most improvement with Cognitive Processing Therapy (CPT) and EMDR (you’ll likely have to do this domestically). If you can’t find a CPT sexual assault specialist, try going to your closest VA hospital’s website and look for one there. Reach out to her and ask for a private practice referral for sexual assault in a military-like service. Since you’re overseas, you may be able to find a private CPT specialist who does Skype/telephone. Be prepared to pay out-of-pocket, and it won’t be cheap. And speaking of costs: CPT for sexual assault may be the most psychologically taxing thing you’ve ever done, but it is worth it. I promise.

3. Consider a medical curtailment to get yourself out of the situation immediately. The only department that I trust at DOS is MED. Fill out a MED update form, and note the questions on what should be the second page (related to PTSD). Check whichever boxes are relevant to you. You can also write down there what happened to you—something as simple as “Sexual assault at Post” will suffice. They will have a psychiatrist reach out to you—and you can request a female psychiatrist. If they don’t immediately contact you, start calling twice a day until you get what you need. Depending on your symptoms, you may qualify for a Limited Class 2, but if you need to be back in the U.S. for intensive counseling (and there is no shame in doing so, your well-being is the priority), they can work with you on getting you a Class 4 so that therapy can happen domestically.

4. FSO Friend who wrote in: I know that curtailment can seem like he wins. But this is emergency triage, and you may need to retreat to a place of safety (far away from him) until you have healed enough to decide your next steps. This is a “put on your oxygen mask before attempting to help others” level-situation. Please don’t be ashamed of curtailment if that is what you need to do for you. You are the priority right now. Please don’t tough it out and expose yourself to further harm–including the psychological trauma of being around him regularly. And please don’t suffer in silence. Out of all of the organizations at DOS that claim that they can help, I believe that MED actually can help you. Please use MED if it’s appropriate for you.

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This is one person’s suggestions based on her experience and perspective and we’re passing this along for consideration. Since the sender did not provide a return email, we have not been able to ask follow-up questions. We have to respect that this is all that she is able to share at this time. She reached out to this blog out of concern for the FSO who was raped.  We will leave this up to you to consider which of her suggestions may be worth exploring depending on what feels appropriate in your case.

Read more about Cognitive Processing Therapy (CPT) (PDF).

Read here on the Eye Movement Desensitization and Reprocessing (EMDR).

Curtailment is the shortening an employee’s tour of duty from his or her assignment.  It may include the employee’s immediate departure from a bureau or post, or from assignments in the U.S.  3 FAM 2440 says that curtailment is an assignment action, not a disciplinary one. Folks, of course, know that in real life that’s not always true.

Please note that 3 FAM 2444 allows an employee assigned within the United States to request voluntary curtailment of his or her tour of duty for any reason “by submitting the request and an explanatory memorandum to the assignments panel via his or her counseling and assignments officer. The bureau of assignment must state its support for or opposition to the employee’s request.”  What happens if one is a sexual assault victim in a domestic assignment or while on extended TDY or on training and have to go through this to get curtailed from an assignment where the perpetrator is also located? Imagine this happening to an untenured employee. What  does one write in the explanatory memo — I was raped, and I need to curtail my assignment because my attacker is right next door? How many folks will get to see that memo? Something for the new State Department task force to think about.

We should add that another FS member’s medical clearance was downgraded to a Domestic only (Class 5)  after reporting to MED.  12 FAM 210 notes that Class 5 is issued to all who have a medical condition which is incapacitating or for which specialized medical care is best obtained in the United States.  Employees or eligible family members with a Class 5 medical clearance may not be assigned outside the United States.  So right there, that’s really scary stuff for Foreign Service folks.

On November 22, the State Department directed a task force to create a new Foreign Service Manual section for sexual assault (see U/S For Management Directs Task Force to Create New Sexual Assault FAM Guidance).

 

Sexual Assault Related posts:

 

 

US Embassy Belize: Three DCMs+Two Senior Manager Curtailments Since 2014, and More

Posted: 2:53 am ET
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State/OIG inspected the US Embassy in Belmopan, Belize from February 29 to March 11, 2016. According to the report, Embassy Belmopan’s authorized staffing includes 40 U.S. direct hires, 10 U.S. local hires, and 106 locally employed (LE) staff. The embassy’s FY 2015 budget, including all agencies, was approximately $35 million, which included $6.5 million in Bureau of International Narcotics and Law Enforcement (INL)-managed foreign assistance and $19 million in Bureau of Overseas Buildings Operations funds. Belize’s capital, Belmopan, is approximately 90 minutes away from the much larger Belize City, the country’s economic, political, and cultural hub. This distance affects access to professional contacts, medical services, and cultural and entertainment activities. See the full report here (PDF), or read the quick summary below:

bh-map

Report summary:

  • Despite logistical difficulties inherent in the distance between the capital and the much larger Belize City where most government officials reside, the Ambassador had cultivated relationships with the highest levels of the Belizean Government. This enabled the mission to promote U.S. Government interests.
  • The lack of internal controls over non-official use of government resources weakened safeguards against waste, loss, unauthorized use, or misappropriation of funds, property and other assets.
  • The Bureau of Human Resources, Office of Overseas Employment, had not responded to three long-standing embassy requests submitted as part of the requirement to change the local compensation plan. Premium rates and use of compensatory time were inconsistent with local law and prevailing practice.
  • Embassy Belmopan’s ClassNet equipment and architecture were significantly outdated compared to that deployed worldwide. A planned Global Information Technology Modernization upgrade was cancelled without warning as part of a worldwide suspension of installation activities.

US Embassy Belmopan is headed by non-career appointee, Carlos R. Moreno who assumed charge as Ambassador to Belize  on June 21, 2014. His deputy is DCM Adrienne Galanek who arrived in September 2015. According to the OIG report, there had been three DCMs and two senior manager curtailments “due to personal and performance issues since June 2014.”  

Excerpt below:

Embassy Belmopan was striving to manage mission resources and personnel more effectively. Most country team members were serving in leadership positions for the first time, and some section chiefs were also working outside of their areas of expertise. Embassy leadership was focused on advancing U.S. interests, developing a more collegial atmosphere, and improving internal controls.

Embassy Belmopan was striving to manage mission resources and personnel more effectively. Most country team members were serving in leadership positions for the first time, and some section chiefs were also working outside of their areas of expertise. Embassy leadership was focused on advancing U.S. interests, developing a more collegial atmosphere, and improving internal controls.

OIG conducted 49 documented interviews of U.S. staff, 26 of which elicited comments on the Ambassador and Deputy Chief of Mission (DCM). Confirming the results of OIG’s pre-inspection survey, interviewees consistently expressed the opinion that both the Ambassador and DCM were approachable, concerned for the welfare of their staff, and had strong interpersonal skills, all of which are leadership attributes emphasized in 3 Foreign Affairs Manual (FAM) 1214. For example, the Ambassador and DCM demonstrated their commitment to embassy safety and morale when deciding how to allocate the sole U.S. direct-hire position received through the Mission Resource Request process. Compelled to choose between an additional political reporting position and a Foreign Service nurse practitioner position, they opted for the latter to mitigate Belize’s limited health care facilities and improve employee access to skilled medical care. The interagency community, which consisted of the Peace Corps, the Military Liaison Office, and the Drug Enforcement Administration, all gave the Ambassador and DCM high marks for their efforts to foster cooperation throughout the mission.

Nonetheless, the Ambassador’s scores in OIG’s inspection survey, which evaluates ambassadors on more than a dozen leadership attributes, were lower in several categories than the average range seen in embassy inspections over the past 5 years. These leadership categories included communication, engagement, and feedback—all crucial factors in ensuring a well-managed embassy. Employees referred to the Ambassador and DCM as a good team that worked hard to cultivate a collaborative atmosphere, but employees also stated that the Ambassador and DCM had only partially succeeded in attaining this goal. Staff consistently described the DCM as overworked and struggling to resolve intersectional squabbles. OIG found that lengthy staffing gaps and the inexperience of several country team members had strained work interactions and contributed to low morale. Since June 2014, three DCMs and two senior managers had curtailed due to personal and performance issues, departures that hampered team building efforts.

OIG observations and employee interviews indicated a mission working to accomplish U.S. objectives. However, the front office often took weeks to clear and approve cables, memoranda, and embassy notices.

Yay!

  • An OIG review of the Ambassador’s and DCM’s claims for official residence and representational expenses and gift records determined that they both adhered to applicable regulations and to the 3 FAM 1214 principle that all employees model integrity.
  • The DCM performed nonimmigrant visa adjudication reviews, a required element of consular internal controls, as prescribed by 9 FAM 403.9-2(D).
  • The Department rated Belize high for crime. All embassy personnel who completed OIG surveys stated that the Ambassador and DCM supported the embassy security program as required by the President’s Letter of Instruction and 2 FAM 113.1(c)(5). The embassy was up-to-date on all emergency drills.
  • Props for Consular Section chief, Yomaris Macdonald: “Consular management and operations, including management controls, met Department standards. OIG reviewed emergency preparedness, visa adjudication standards, fee and controlled item reconciliation, and Regional Consular Officer reports and found no deficiencies. The Ambassador, DCM, consular officers, LE staff, Regional Consular Officer, and Bureau of Consular Affairs managers uniformly cited the Consular Section chief for her leadership skills.”


Yo, Tsk! Tsk!

  • Inspection surveys and interviews indicated that more front office attention to management operations was warranted.
  • The First-and Second-Tour (FAST) officer and specialist program had been dormant for several years.
  • The Bureau of Human Resources, Office of Overseas Employment, had not responded to three long-standing embassy requests submitted as part of the requirement to change the local compensation plan.
  • The ClassNet local area network was old and unreliable. The last equipment refresh or upgrade was in July 2010, making Embassy Belmopan’s ClassNet equipment and architecture significantly outdated compared to that deployed worldwide.
  • The Information Management Office was not conducting Information Systems Security Officer duties as required by 12 FAM 613.4 and 12 FAH-10 H-112.9-2. The person assigned these responsibilities was unaware of his assignment, nor had he completed the training requirement for the position.
  • Record Keeping Did Not Comply with Archiving Requirements
  • Lack of Management Controls Risked Inappropriate Use of Staff and Resources

The OIG Inspection Team was composed of Amb. Joseph A. Mussomeli, the team leader, John Philibin, the deputy team leader and the following members: William Booth, John Bush, Ronda Capeles, Darren Felsburg, Leslie Gerson, Michael Greenwald, Edward Messmer, Matthew Ragnetti, and Colwell Whitney.

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State/OIG Inspects US Mission Japan: Oh, Heck, Where Do We Start?

Posted: 1:35 pm EDT
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State/OIG released it inspection report of the U.S. Embassy in Tokyo and its constituent posts.  The OIG made 65 recommendations intended to improve Embassy Tokyo’s operations and programs.  Mission Japan is headed by Ambassador Caroline Kennedy who arrived in November 2013, and her DCM,  Jason P. Hyland who arrived in June 2014. Mr. Hyland’s predecessor is not named in the report. Prior to this inspection, US Mission Japan was last reviewed in early 2008, and a report was issued in June 2008 (link to that report at the bottom of this post).

US Embassy Japan from diplomacy.state.gov

Let’s start with the key findings:

 The Department of State has not addressed security problems, including vulnerabilities which the Office of Inspector General identified in previous inspection reports.

 The role and authorities of the Ambassador’s chief of staff are not clearly defined, leading to confusion among staff as to her level of authority, and her role in internal embassy communications.

 The embassy’s focus on daily reporting of political and economic developments comes at the expense of building a broad network of contacts and providing in-depth analysis for policy formulation.

 The embassy is not coordinating reporting and diplomatic engagement across the mission. Constituent posts in Sapporo, Nagoya and Osaka-Kobe need to be brought up to the high standards set by posts in Fukuoka and Naha.

 The level of U.S. direct-hire staffing in the embassy’s political, economic, and consular sections is greater than workload warrants.

 The public affairs section faces major management challenges, but has begun to focus on educational exchanges and staffing adjustments to cope with the high visitor load and public outreach needs.

 American Presence Post Nagoya should cease offering routine consular services; consular operations in Fukuoka and Sapporo are inefficient.

 Although the embassy’s management section has made significant progress on cost containment, senior managers should pay greater attention to management controls over travel and official residence allowances.

 Office of Inspector General inspectors identified $122,665 in cost savings and $2,331,787 in funds put to better use during the inspection.

Overview of the mission:

Mission Japan is one of the U.S. Department of State’s (Department) most important missions in terms of its size and the U.S. interests for which it is responsible. The mission includes 13 U.S. Government agencies and 5 constituent posts: consulates general in Osaka-Kobe and Naha, consulates in Sapporo and Fukuoka, and an American Presence Post1 in Nagoya. The mission also includes the Foreign Service Institute language school in Yokohama. Headquarters of U.S. Forces Japan are located nearby at Yokota Air Base, and various U.S. military commands are located throughout the mainland and on Okinawa. The mission has 272 U.S. direct-hire employees and total employment of 727. In FY 2014, total funding for the mission, including other agencies, was $93.6 million. U.S. direct-hire employees were receiving a 25- to 35-percent cost-of-living allowance based on location at the time of the inspection.

Now, the good news:

  • Good Scores for Ethics | The Ambassador has made clear to the bureau’s executive office, the management officers at Embassy Tokyo, and her front office staff that she wants all her activities to be conducted in accordance with U.S. Government regulations. This was borne out by the fact that the highest score she received from staff members who completed a personal questionnaire was for her ethical behavior.
  • Hague Convention Accession | Japan is second only to Mexico in the number of children abducted from the United States. Japan’s accession to The Hague Convention on International Parental Child Abduction in 2014 was a significant development, due in no small part to Embassy Tokyo’s efforts to encourage Japan to join.
  • EFM Employment | A de facto work agreement with the Government of Japan allows family members to apply for work permits with strict rules governing employment. Twenty-seven eligible family members are employed inside the mission, and 34 eligible family members are employed outside the mission, mostly as English teachers.
  • RSO:  The Tokyo regional security office is responsible for the security and emergency preparedness of a large geographically dispersed diplomatic mission. In discussions and interviews with embassy staff members, the OIG team was told repeatedly that the regional security office is responsive to their needs. Accomplishments of the senior regional security officer include reinvigorating the law enforcement working group, updating and drafting missing or outdated security policies, and implementing modifications to the local guard contract that save the Department approximately $230,000 annually. The regional security office staff uniformly describes the senior regional security officer as a good mentor and communicator.
  • Cost Containment: In 2014, to contain cost, the embassy transferred 70 percent of its voucher processing to the Department’s regional voucher processing center. The cost to process a voucher in Japan is three times higher than at the regional center. The transfer resulted in the elimination of at least two voucher examiner positions.

And the not so good news, oh where do we start?

  • Leadership | A non-career Ambassador with wide experience in nongovernmental and publishing industries leads Embassy Tokyo. She sees the strengthening of mutual understanding between the Japanese and the American people and the deepening of the security alliance as her prime responsibilities. The Ambassador does not have extensive experience leading and managing an institution the size of the U.S. Mission to Japan. She relies upon two key senior staff members—her non-career chief of staff and a career Senior Foreign Service deputy chief of mission (DCM)—to make sure that Embassy Tokyo and its constituent posts receive the resources and guidance they need to conduct day-to-day operations. The chief of staff, who has extensive experience in public relations and has worked with the Ambassador over a period of years, organizes special projects for the Ambassador, coordinates functions within the embassy, and oversees embassy staff interactions with the Ambassador. The DCM, who arrived in Tokyo 6 months before the start of the onsite inspection process, focuses on internal management of the embassy and coordination with the constituent posts.
  • Communication Between the Front Office and Embassy Sections Needs Improvement.
  • High Visibility Ambassador Puts a Strain on Some Embassy Elements
  • Role of Chief of Staff Needs Refinement
  • The Deputy Chief of Mission Should be More Proactive in Exercising Leadership

The leadership section does not include discussion on training, mentoring, and professional development of First and Second Tour (FAST) officers, or mission morale. The report says that “four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date.”  There’s a term for that; it’s called curtailment.  A non-career chief of staff, a PR person, who has a large sway in the functioning of this embassy is not named in this report.  And just before the arrival of the inspectors, the front office apparently had made some headway on improving communication by holding a town hall meeting to unveil the revised memo outlining the activities the Ambassador would undertake. The report is not clear if this is the ambassador’s first town hall meeting with embassy staff.

Political Section:

  • Minister Counselor Positions Under-Ranked
  • Economic Section Has Too Many Supervisors
  • Economic Section Portfolios Organized Poorly
  • Excess Staff in the Political and Economic Sections
  • Law Enforcement Working Group Lacks Political Context

Econ Section

  • Reporting and Advocacy Needed on Structural Reform
  • Economic Section Not Keeping Proper Records and Files
  • Embassy Tokyo does not have a current records management policy and does not enforce Department and Federal regulations on records management.

  • The economic section’s reporting relies heavily on media sources. On some policy developments, the OIG team found that embassy reporting did not add value to more timely reporting by the international press. Reporting was mostly single-sourced and did not evidence a range of contacts among Japanese business leaders, legislators or staff, political parties, academia, or other economic leaders or decision makers, as intended by 2 FAM 113.1 c (10) and (11).

Consular Section

  • Consular Officer Staffing Is Excessive
  • No Coordination of Consular Social Media
  • Inefficient Consular Operations in Fukuoka and Sapporo

Note that citizens of some countries including Japan, who are traveling to the U.S. for 90 days less for business or tourism may not need a visa as they are eligible for the Visa Waiver Program (VWP). This report says that Tokyo’s consular section, with 14 officers, has more officer positions than other consular operations of similar workload, with a high proportion of managers to entry-level officers.

Management Section:

  • Inconsistencies in Billing Methods Creates Confusion
  • Cashiering Violation and Fiscal Irregularity
  • Class B Cashier’s Cash Advance is Excessive
  • Salaries Inappropriately Paid Directly to Official Residence Expense Staff (this is a pretty common subject in OIG reports)
  • Position Descriptions Are Inaccurate
  • Delays in Processing Within-Grade Increases
  • In-House Post Language Program Is Not Cost Effective
  • No In-House Equal Employment Opportunity Training Provided to Staff
  • Allegations of Sexual Harassment Not Reported to the Office of Civil Rights
  • Unauthorized Use of Motor Pool Shuttle Services
  • Living Quarters Allowance Not in Compliance with the Foreign Affairs Manual
  • No Emergency Backup Generators at Some Constituent Posts
  • The Department’s Office of Fire Safety conducted visits in 2014. The report identified 83 deficiencies of which the mission has corrected 53.
  • Locally Developed Software Applications Not in Compliance
  • Emergency Communication Does Not Meet Department Standards
  • No Logs of Network Maintenance
  • Premium Class Train Travel Policy Does Not Comply with Department Regulations
  • Extra Travel Costs Inappropriately Approved for Using Indirect Routes
  • USCG Naha: Inappropriate Use of Official Residence Expense Funds Instead of Representation Funds

Public Affairs

The OIG report says that in the past 8 months, four of seven officers in the public affairs section assigned to Tokyo have left post before their tour end date. That’s called curtailment. Unless they were all medevaced.

  • Embassy’s 11-person Media Analysis and Translation Team Lacks a Clear Mandate | Without a survey of the MATT’s customers, the embassy cannot confirm who—if anyone—is reading its products or justify the $1.25-million annual cost of operating the MATT.
  • Social Media Lacks Coordination| Several LE staff members work separately with social media, resulting in a multiplicity of uncoordinated messages
  • Grants Management Not in Compliance
  • No Public Diplomacy Strategy
  • The public affairs section was told to take a 26-percent cut. This reduced the public diplomacy allotment from $11.5 million in FY 2011 to $8.6 million in FY 2012. Even at that reduced rate, Mission Japan’s public affairs budget was still the largest in the Bureau of East Asian and Pacific Affairs. As a result of these budget cuts, the public affairs section eliminated 17 LE staff positions. The public affairs section allocated 68 percent of its FY 2014 budget of $8.5 million to LE staff salaries. According to the Under Secretary for Public Diplomacy and Public Affairs, this is high by world standards. […]The Ambassador selected the country public affairs officer, who arrived in Tokyo in August 2014, to stabilize the public affairs section, end the curtailments, define LE staff duties in order to clarify the new distribution of duties following the 2012 staff cuts, bring transparency to personnel decisions, and get the entire staff’s commitment to move forward. Since the public affairs officer’s arrival, the public affairs section has had considerable success, particularly with programs on educational exchange and women’s issues

A few more items with notable details extracted from the report:

Commercial Email Usage |  In the course of its inspection, OIG received reports concerning embassy staff use of private email accounts to conduct official business. On the basis of these reports, OIG’s Office of Evaluations and Special Projects conducted a review and confirmed that senior embassy staff, including the Ambassador, used personal email accounts to send and receive messages containing official business.

Employee Evaluation Reports do not Reflect Demonstrated Weaknesses | The OIG team reviewed a range of Department employee evaluations written by managers at the U.S. Mission to Japan. They found several examples of evaluations that did not reveal any indication of serious weaknesses, even though the rated officers had required in-depth management and or discipline by their supervisors and had absorbed time and resources from senior embassy officers. The DCM, having been at post only 6 months, has not yet produced employee evaluations. The inspectors advised him to make clear to rating officers that employee evaluations must present an accurate record of each staff member’s strengths and a realistic area for improvement.

Yokohama Language Program Cost-Benefit Analysis Lacking | To provide Japanese-language instruction in Yokohama, it costs the Department an estimated $2.3 million per year. The total cost of operating the school, factoring out fixed expenses, such as leasing residences for the students, post allowance, education allowance, the school director’s salary and benefits, and other sunk costs, is $1 million per year. This translates into a per-student cost of from $83,583 to $200,599 for a student body of from 5 to 12 students. The Department could be incurring higher costs for providing language services.

No Justification for Paying Post Allowance to Family Member Appointees | Worldwide, Embassies London and Tokyo are the only two authorized to pay post allowance to family member appointees. In 2001, the Department granted them an exception on the basis of their inability to recruit individuals for family member positions because of lower salaries and wages, in accordance with 3 FAM 8218.1 c. In Japan, these adverse employment conditions no longer exist. Except for security escort positions, the embassy has had no difficulty filling family member positions. It also has been able to fill some of its LE staff vacancies with eligible family members when they meet all position requirements. The cost impact to the embassy of providing the post allowance to nine full-time family members is $59,190, annually.

Consulate General Naha Not Benefiting from Zero Cost Leasing Offer | In February 2010, the Open Source Center located on the U.S. Army’s Torii Station offered four Government-owned houses located on Kadena Air Base to Consulate General Naha at zero leasing costs. Consulate General Naha has not fully considered this offer. The OIG team estimates accepting the Open Source Center’s offer would save leasing costs of $110,665 per year. The embassy would continue to fund utility and make-ready costs. In Naha, U.S. direct hires already use base services, including the commissary, Post Exchange, and other support services. U.S. direct-hire dependents attend Department of Defense schools. According to 15 FAM 228 b, housing selection should achieve maximum cost benefit to the U.S. Government, and every effort should be made to lease appropriate housing with terms that reflect the likelihood of the housing unit remaining in posts inventory, with lease terms of 5 years or more whenever appropriate.

Private Domestic Staff Inappropriately Housed in U.S. Government-Owned Facility | The embassy continues to house private domestic staff of U.S. direct-hire officers in a separate U.S. Government-owned facility (the former U.S. Marine Dormitory) despite a 2008 Office of Legal Counsel’s opinion cautioning that the legality of operating living quarters for private domestic servants of U.S. Government employees on U.S. Government premises is highly doubtful under Federal appropriations/employment law. The presence of such facilities on U.S. Government-controlled real property also raises liability issues under employment law and tort law. The embassy raised concerns about prior fraudulent domestic staff employment contracts, use of appropriated funds to maintain the facility and collection of utilities reimbursements through the employees association as a probable violation of appropriation law. At the time of inspection, 42 domestic staff resided in the 31-room U.S. Government-owned building designated for domestic staff. According to 15 FAM 244, post personnel may house full-time domestic staff in their own U.S. Government-provided quarters if space is available and approved by the regional security officer. The estimated cost of maintaining the facility is $60,000 per year.

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Related items:

OIG_ISP-i-15-35a JAPAN Aug 25, 2015

OIG – U.S. Embassy Tokyo, Japan and Constituent Posts June 2008