Trump’s Second Nominee For @StateDept Personnel Chief Has Some #INL Baggage

Posted: 2:58 pm PT

 

In October 2017, President Trump announced his intent to nominate former FSO Stephen Akard to be the Director General of the Foreign Service (see Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment). After fierce opposition, the White House officially withdrew the nomination of Mr. Akard on March 20, 2018 (see DGHR Nominee Stephen Akard Now Nominated as Director of the Office of Foreign Missions).

On July 31, contrary to the widely circulated rumors about the next DGHR nomination, the WH announced the president’s intent to nominate career diplomat Carol Z. Perez of Virginia, to be the next Director General of the Foreign Service .  The WH released the following brief bio:

Ambassador Perez, a career member of the Senior Foreign Service, has served as the Ambassador to the Republic of Chile since 2016. Previously, she was the Principal Deputy Assistant Secretary in the Bureau of Human Resources and was Principal Deputy Assistant Secretary in the Bureau of International Narcotics and Law Enforcement Affairs, both at the Department of State. Over the course of her three decades of service in the Department of State, Ambassador Perez has also served as Principal Officer and Consul General at U.S. Consulate General Milan, Italy, Executive Director and Deputy Executive Secretary of the Department of State, and Principal Officer and Consul General at U.S. Consulate General Barcelona, Spain. She earned her B.A. from Hiram College and M.A. from George Washington University. Ambassador Perez is the recipient of a Presidential Rank Award and multiple senior State Department Awards, including the Distinguished Service Award and Distinguished Honor Award.

Click here (PDF) for her most recent testimony at the Senate Foreign Relations Committee during her confirmation hearing as U.S. Ambassador to Chile in 2016.

The Director General of the U.S. Foreign Service is equivalent in rank to an Assistant Secretary of State. He/She is responsible for all personnel matters affecting the Foreign Service and the Civil Service at the State Department, including appointments, promotions, worldwide assignments, disciplinary actions, etc. Click here for the previous appointees to this position.

In May 2017, State/OIG released A Special Joint Review of Post-Incident Responses by the Department of State and Drug Enforcement Administration to Three Deadly Force Incidents in Honduras (PDF).

Stick with us here. This joint report relates to three drug interdiction missions in Honduras on May 11, June 23, and July 3, 2012, under a program known as Operation Anvil which resulted in four people killed (including two pregnant women) and four others injured after a helicopter with DEA personnel confused cargo in a passenger boat for bales of drugs and opened fire.  No evidence of narcotics was ever found on the passenger boat. In a second incident, a suspect was killed in a firefight that did not actually happen, and in a third incident that involved a plane crash, a Honduran police officer planted a gun in evidence and reported it as a weapon found at the scene.

At the time of these incidents, Ambassador Carol Perez was the Principal Deputy Assistant Secretary (PDAS) at the Bureau of International Narcotics and Law Enforcement Affairs (INL), the second highest ranking official in the bureau.

One of the report’s findings has to do with INL failure to comply with Chief of Mission Authority which undermined the U.S. Ambassador’s exercise of her authority at post. The U.S. Ambassador to Honduras at that time was Lisa Kubiske. Excerpt from the report (see p.323-324 for more):

As a bureau within the Department of State, INL should understand the importance of Chief of Mission authority. However, INL senior officials repeatedly undermined Ambassador Kubiske’s authority and failed to cooperate with the investigations she authorized.

Within a day of the Ambassador authorizing DS to investigate the June and July shooting incidents, INL Principal Deputy Assistant Secretary Carol Perez began to raise objections to DS involvement. She communicated these objections to both DS and DEA officials, and although she told the OIGs that she did not intend to obstruct the investigation of the shooting incidents, INL’s support bolstered DEA’s unwillingness to cooperate.
[…]
In addition, INL failed to comply with Chief of Mission authority by refusing to assist DS in its attempt to interview the helicopter crews. As noted in Chapter Ten, the SID agent requested to speak with the pilots and gunners, but INL denied this request. The request was forwarded up to the highest levels of INL, and AS Brownfield instructed his staff not to cooperate. Although he recognized that the request fell under the Chief of Mission authority, he instructed that INL was not to produce the crew for DS to interview. Senior DS and INL officials also discussed the request at a September 2012 meeting, but AS Brownfield remained opposed to providing DS access to the crews. In fact, INL was not even focused on the circumstances of the helicopter opening fire on the passenger boat, because they believed the helicopter fire was suppressive only and not intended as a use of deadly force.

The failure of DEA and INL to provide any cooperation with the investigation requested by the Ambassador resulted in the inability of the SID Agent to complete his investigations and develop conclusive findings regarding the three shooting incidents. DEA’s refusal to follow the Ambassador’s written request for information,supported by INL, not only violated their duties under the Foreign Service Act, but prevented a complete and comprehensive understanding of the three incidents. Ambassador Kubiske and other State officials had grave concerns over the methodology and findings of the various Honduran investigations, so she requested the DS investigation to better understand what could quickly become a diplomatic problem. However, her intentions were never realized because of the failure of DEA and INL to abide by Chief of Mission authority.

Tsk! Tsk! Another part of the report notes that INL sided with DEA in jurisdictional dispute, and also specifically names Ambassador Perez:

On June 28, 2012, INL Principal Deputy Assistant Secretary (PDAS) Carol Perez sent an e-mail communication to INL Assistant Secretary (AS) William Brownfield stating that DEA had “squawked” to INL about the DS investigation in Honduras and that she thought the “DS Office of Special Investigations got out a bit too far on this.”

On the same day, PDAS Perez sent another e-mail communication stating that she had been provided good informationto “buttress our arguments that DS has no role in this except at post at the direction of the COM.”

An e-mail communication the same day from another INL official to the INL Director at the U.S. Embassy stated that DS had launched an investigation of the June 23 shooting but that “INL/FO called DS to turn the investigation off.”

On June 29, after Wallace provided Heinemann with DEA’s position at that time on the DS investigation, noting that “INL shares some of our concerns and that INL is in contact with DS senior management” on the issue, Heinemann contacted a DS attorney requesting information on “what has been happening between INL and DS.” In response, the DS attorney told Heinemann:

I learned that Carol Perez in INL contacted DS Director Bultrowicz about this and said that INL’s position is that DS doesn’t have the authority to conduct an investigation of this DEA shooting.

[…] When we asked AS Brownfield and PDAS Perez about these discussions in late June 2012, they told us that INL had not attempted to stop the DS investigation. They did, however, acknowledge raising some concerns about the authority of DS to investigate and their belief that the investigation should be handled by the Embassy rather than DS Headquarters in Washington, and stated that they were simply trying to resolve the dispute without it becoming a problem for INL.
[…]
Several DS officials told us that it was obvious to them that INL was hostile to the DS investigations and voiced frustration that it was much harder to convince DEA to come to an agreement with DS when DS lacked support from other State bureaus on this matter.

The report also has something to say about then INL A/S Bill Brownfield but he is now retired, and he is not currently under consideration to be top personnel chief of the Foreign Service (see our old post So who told Congress the real story about the deadly force incidents in Honduras in 2012? #OperationAnvil

Ambassador Perez is a career member of the Senior Foreign Service. If confirmed, she would be one of the few top ranking female career employees at the State Department, but we believe there are appropriate questions to ask related to her role in the aftermath of the Operation Anvil given the leadership role she will take on as head of a global workforce of over 75,000 employees.

For starters – what are the exceptions for ignoring/undermining Chief of Mission Authority? Click the link to read more about Chief of Mission Authority.  Also what’s the deal with throwing Diplomatic Security under the bus and taking DEA’s side in a jurisdictional dispute overseas? Those were DEA deadly force incidents and these top INL officials somehow thought that DEA should investigate itself instead of Diplomatic Security? Why would INL offer DEA to push the DS investigation“back into the box”?  It was DS not/not DEA, by the way, “who found no evidence indicative of gunfire from the passenger boat.” We look forward to the senators asking relevant questions during the DGHR nominee’s  confirmation hearing.

We should also note that between 2003-2007, Ambassador Perez served as Executive Director at the Executive Secretariat of the State Department; this would have been during the Powell-Rice tenures in Foggy Bottom. State OIG’s ISP-I-07-38 inspection of the office includes the following:

The Executive Director, who has been in the job since 2003, is recognized by her customer offices as a highly professional, competent, and dedicated manager. She has as her twin priorities the overall direction of the office, dealing with the major management issues that arise, and personally assuring that the Secretary gets the pri- ority attention needed to support her mission. […] Having served previously in S/ES-EX, the Executive Director brings a wealth of background and sound judgment in dealing with varied and sensitive management issues ranging from office space, personnel, and travel demands down to who gets parking passes.  Those issues involve a senior level clientele who, by definition, have a high personal sensitivity to anything viewed as impinging on their status. She and her deputy also have to deal with the major resource issues and battle with the Department management offices on the ever increasing space demands emanating from F, S/CT, and the smaller new offices set up under the aegis of S.

Beyond those demands, the Executive Director takes personal responsibility for dealing with support issues involving the Secretary, most visibly the Secretary’s travel. She is responsible for managing the military airlift logistical requirements for the Sec- retary’s foreign travel and accompanies the Secretary on all international trips. That absorbs up to 50 percent of her work time. The Secretary’s staff has only praise for the Executive Director’s performance and her ability to manage logistical crises, large and small, during these trips. They also give her high marks for overall management support of the Secretary’s office.

So there, the links to the two reports are included here and here just in time for your weekend reading.

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Trump Nominates Goldberg, Hale, Sison, and Smith For Personal Rank of Career Ambassador

Posted: 2:45 pm PT

 

On July 18, President Trump sent the nomination of four career diplomats for the personal rank of Career Ambassador to the U.S. Senate. The nominations have been placed on the Senate Executive Calendar on July 26. As of this writing, the nominations are awaiting full confirmation by the U.S. Senate. We believe these are the first career ambassador nominations made under this administration.

The following-named Career Members of the Senior Foreign Service of the Department of State for the personal rank of Career Ambassador in recognition of especially distinguished service over a sustained period:

  • Philip S. Goldberg, of DC
  • David M. Hale, of NJ
  • Michele Jeanne Sison, of MD
  • Daniel Bennett Smith, of VA

Ambassador Goldberg was recently sent to US Embassy Havana to be its chargé d’affaires (see New head of U.S. embassy in Cuba, Philip Goldberg, faces critical road ahead, Feb 2018).

Ambassador Hale has been nominated as the next Under Secretary for Political Affairs. As of July 30, 2018, the nomination is pending in the Senate Foreign Relations Committee.

Ambassador Sison was nominated as U.S. Ambassador to Haiti in July 2017. She was confirmed by voice vote on November 2, 2017.

Ambassador Smith is the current Assistant Secretary of State for Intelligence and Research (INR). He was confirmed to that position in 2014 and serving in that capacity to-date, presumably pending the confirmation of this successor Ellen E. McCarthy who was nominated on June 18, 2018.  He has been widely rumored as the next Director General of the Foreign Service but no official announcement has been made to date.

 

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What did we miss?

 

Ambassador Steve Mull Back in Foggy Bottom

In June, former Ambassador Steve Mull was appointed Acting Under Secretary for Political Affairs (P) at the State Department. Until this appointment, he was a Resident Senior Fellow at Georgetown University’s Institute for the Study of Diplomacy.  Props to Secretary Pompeo for bringing him back to Foggy Bottom. Unless.  a new crop of career ambassadors were nominated and confirmed while we were gone, Ambassador Mull is the last remaining career ambassador in active service as of this writing.

EAP’s Susan Thornton to Retire After 27 Years in the Foreign Service

EAP’s Acting Assistant Secretary Susan Thornton is set to retire at the end of July after a 27-year career with the U.S. Foreign Service. The retirement was reported by Reuters on June 30.  (see Career Diplomat Susan A. Thornton to be Asst Secretary for East Asian and Pacific Affairs (EAP)Tillerson Signals No Career Nominees For Regional Bureaus? #FoggyBottomBlues). Senator Rubio was reportedly prepared to place a hold on the Thornton nomination.

Still No Nominee for Director General of the Foreign Service?

So hey, it’s now July, and the U.S. Foreign Service still does not have a nominee for Director General. U.S. law dictates the nominee must be a member of the career Foreign Service.

US Ambassador to Estonia James Melville Pens Resignation on FB Over Trump Policies

On June 29, U.S. Ambassador to Estonia, Jim Melville, announced on Facebook his intent to retire from the Foreign Service after 33 years of public service. Ambassador James Desmond Melville, Jr., of New Jersey, a Career Member of the Senior Foreign Service, Class of Minister-Counselor was nominated by President Obama as U.S. Ambassador to the Republic of Estonia in the spring of 2015. He was  confirmed by voice vote on August 5, 2015. Prior to his appointment in Estonia, Ambassador Melville was the Deputy Chief of Mission at the U.S. Embassy in Berlin, Germany.  Previous to that, he served as Executive Director of the Bureau of European and Eurasian Affairs and the Bureau of International Organization Affairs from 2010 to 2012. Ambassador Melville also served at the U.S. Embassies in London, Moscow, Paris, and at the North Atlantic Treaty Organization in Brussels.  His earlier positions with the Department of State include service as a Foreign Service Examiner, Senior Watch Officer in the Executive Secretariat Operations Center, and Legislative Management Officer in the Bureau of Legislative Affairs.  Ambassador Melville received a B.A. from Boston University and a J.D. from Rutgers University. He joined the Foreign Service in 1985 during the Reagan Administration. Below via Eesti Ekspress:

 

Confirmations

On June 28, the U.S. Senate confirmed the following nominees:

  • Robin S. Bernstein, of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Dominican Republic.
  • Joseph N. Mondello, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Trinidad and Tobago.
  • Gordon D. Sondland, of Washington, to be Representative of the United States of America to the European Union, with the rank and status of Ambassador Extraordinary and Plenipotentiary.
  • Harry B. Harris, Jr., of Florida, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Korea
  • Ronald Gidwitz, of Illinois, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Kingdom of Belgium
  • Brian A. Nichols, of Rhode Island, a Career Member of the Senior Foreign Service, Class of Career Minister, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Zimbabwe
  • Tibor Peter Nagy, Jr., of Texas, to be an Assistant Secretary of State (African Affairs)
  • Francis R. Fannon, of Virginia, to be an Assistant Secretary of State (Energy Resources)

On May 24, U.S. Senate confirmed the following :

  • James Randolph Evans, of Georgia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg
  • Jonathan R. Cohen, of California, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be the Deputy Representative of the United States of America to the United Nations, with the rank and status of Ambassador Extraordinary and Plenipotentiary, and the Deputy Representative of the United States of America in the Security Council of the United Nations.
  • David B. Cornstein, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Hungary

On April 26, the U.S. Senate confirmed the following nominees:

  • Andrea L. Thompson, of South Dakota, to be Under Secretary of State for Arms Control and International Security
  • Yleem D. S. Poblete, of Virginia, to be an Assistant Secretary of State (Verification and Compliance)
  • Kirsten Dawn Madison, of Florida, to be an Assistant Secretary of State (International Narcotics and Law Enforcement Affairs).
  • Thomas J. Hushek, of Wisconsin, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of South Sudan
  • Richard Grenell, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany.

 

US Embassy Germany: New Ambassador’s Rocky Start

On June 25, Politico Magazine did a lengthy piece on the new U.S. Ambassador to Germany Richard Grenell and his rocky start. “It is hard to overstate just how brashly he has charged onto the Berlin political scene during his first month in town.” Read Letter From Berlin: “‘He Does Not Understand What the Role of an Ambassador Should Be’

 

State/FSI’s Digital Media Administrator Pleads Guilty of Child Pornography Production

On July 2, Skydance MacMahon, 44, of Alexandria, Virginia, pleaded guilty to production of child pornography. During the time he committed these offenses, MacMahon was a Digital Media Administrator at the Foreign Services Institute of the U.S. Department of State in Arlington.  According to court documents, over at least a two year period, MacMahon, 44, conspired with an adult in Canada to produce over a thousand sexually explicit images and videos of minor children in Canada. These images and videos were produced at the direction of MacMahon using Skype and hidden cameras. MacMahon distributed these image and video files to other users and consumers of child pornography by providing access to the files on his cloud storage services and also by directly sending the files to other users.  In addition to the child pornography images and videos MacMahon himself created, he also received and possessed thousands of images and videos of child pornography. See more State Department Employee Pleads Guilty to Producing Child Pornography.

US Embassy London’s Inside the American Embassy Airs on Channel 4

The American Embassy, the previous TV series set at the U.S. Embassy in London in 2002 had six episodes but the show was canceled by Fox after only 4 episodes being broadcast.

It looks like the new show is only up for three episodes. Radio Times reports that Channel 4 has roughly 300 hours of behind-the-scenes footage and says in part: “Perhaps the most surreal part of the documentary comes when the cameras follow various British MPs attempting to garner Johnson’s attention, apparently unaware of the small mic attached to the ambassador’s lapel.” Whatthewhat?!

One TV review says: “Woody’s big problem, like everybody else’s, is the mad badger in the White House”. HIDE EVERYTHING!

US Embassy Costa Rica Sub-Contractor Pleads Guilty to Theft of $2Million Visa Fees

On June 14, a Department of State contractor pleads guilty to theft of government funds after evidence established that he stole more than $2 million of government funds that were supposed to be transferred to a bank account maintained by the Department of State’s Global Financial Services Center in Charleston. Evidence presented at the change of plea hearing established that Mauricio Andulo Hidalgo, age 43, of Costa Rica used his position as President of SafetyPay-Central America to steal over $2,000,000 of government funds.  SafetyPay-Central America had been hired as a subcontractor to handle the processing of visa application fees for the United States Embassy in Costa Rica.  As part of the scheme, Hidalgo diverted the funds from a SafetyPay bank account in Costa Rica to another Costa Rican account under his sole control. See more Department of State Contractor Pleads Guilty to Theft of Government Funds.

 

USCG Guangzhou Security Engineering Officer Mark Lenzi Disputes State Department Statement on Mystery Illness

On June 6, WaPo wrote about Mark Lenzi and his family who  started noticing noises in April 2017 at the U.S. Consulate General in Guangzhou, China. “A few months later, the headaches started — pain that lasted for days at a time. Lenzi and his wife experienced the same symptoms, which soon included chronic sleeplessness as well. Lenzi says he asked his superiors for help but they dismissed his concerns. Consulate doctors prescribed painkillers and Ambien, which did nothing to address the underlying causes of the problem. And then, last month, Lenzi was shocked to learn another neighbor, a fellow Foreign Service officer, had been evacuated from their building and flown back to the United States for a thorough medical assessment, which soon determined that the person in question was suffering from “mild traumatic brain injury.”  

They gave him painkillers and Ambien but medevaced the FSO next door?

The State Department reportedly issued a statement but said it is unaware of any other cases — a point “strongly disputed by Lenzi, who insists he had repeatedly informed both the embassy in Beijing and State Department headquarters in Washington of his family’s predicament.”  Lenzi, who has reportedly called for the resignation of the US Ambassador to Beijing  told WaPo that the State Department “restricted his access to the building where he normally worked after he began to speak up more forcefully about the treatment of his family, essentially neutralizing his capacity to continue his work at the consulate”.

We understand that Mark Lenzi is a specialist who was assigned as a Security Engineering Officer (SEO) in Guangzhou until he and his family were evacuated from post. Given the reported restriction to post access for speaking out about this incident, this is a case that bears watching.

State/ECA Official Pleads Guilty to Theft of Government Funds in Sports Visitors Program

On May 25,  Kelli R. Davis, 48, of Bowie, Maryland, pleaded guilty to one count of conspiracy to commit theft of public funds and engage in honest services wire fraud before U.S. Senior District Judge T.S. Ellis III of the Eastern District of Virginia.  Sentencing is scheduled for Aug. 24.

According to admissions made in connection with her plea, Davis was a Program Specialist for the State Department’s Bureau of Educational and Cultural Affairs, Office of Citizen Exchanges.  She also served as the Program Manager and Grants Officer Representative for the Sports Visitors Program, which sponsored foreign exchanges for emerging youth athletes and coaches from various countries.  The exchange program was managed by George Mason University in Fairfax, Virginia, through a federal grant and cooperative agreement with the State Department.  See State Department Official Pleads Guilty to Honest Services Wire Fraud and Theft of Federal Funds

Forced Repayment of Previously Approved Special Needs Education Allowance (SNEA)?

There were lots of talk some weeks back about people being forced to pay back special needs funding for their children that was already previously authorized and paid.  Folks were wondering if MED’s Office of Child and Family Programs (MED/CFP) previously highlighted by media reporting is responsible in getting this rolling. Anybody got some special insights on the whys and hows of this?

 

Who owns your medical and mental health records?

It has come to our attention that the State Department’s Medical Bureau can deny/restrict employees and family members overseas assignments over erroneous entries in their medical/mental health records. Of particular note is access to mental health records.  Employees can ask for an amendment to their records but how does one go about doing that without access to those records?

Apparently, State’s internal guidance doesn’t say that employees have the right to have inaccurate information removed – just that they can make the request to have it removed: “If you believe that the information we have about you is incorrect or incomplete, you may request an amendment to your protected health information as long as we maintain this information. While we will accept requests for amendment, we are not required to agree to the amendment.”

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Wait – @StateDept Has a Deputy “M” Again, a Position Discontinued by Congress in 1978

Posted: 2:30 pm  PT

 

With vacant offices and multiple departures from members of the Foreign Service and the State Department, it is hard to keep track sometimes of what’s happening amidst the opportunities and chaos in Foggy Bottom.

Bill Todd, the Principal Deputy Assistant Secretary & Acting Director General of the Foreign Service & Acting Director of Human Resources apparently has a fresh new title to add to his Twitter profile: Deputy Under Secretary of State for Management, a position discontinued by Congress in 1978.

How did that happen?

Apparently somebody convinced the now outgoing Secretary of State to sign a memo reconstituting this title on March 4. Did anyone bother to inform Secretary Tillerson that the position of Deputy Under Secretary for Management was discontinued specifically since Congress established the permanent position of Under Secretary of State for Management in 1978? And if nobody informed him …

Yo. This is sad.

Since the discontinued title/position was made “live” again a couple of weeks ago, there were people wondering why this title was resurrected now, and without any official announcement. Today, of course, a day before Tillerson is set to exit Foggy Bottom, the first memo sent under this office is out, so it’s not a secret anymore (bland, routine memo with A Message From Deputy Under Secretary for Management Regarding Planning for a Potential Lapse in Appropriations). And our inbox lighted up from folks with “Whoa, did you see this?” or “State has a Deputy M? or “When was the last time the State Department had a Deputy Under Secretary for Management?”

Whoa, indeed! Not since 1978, my dears.

What we want to know is if Congress is okay with this given that it purposely killed this position when it created the  permanent”M” by legislation decades ago.

Trump’s nominee as the next Under Secretary of State for Management Eric Ueland was nominated last year, renominated earlier this year and was cleared by the Senate Foreign Relations Committee in February. The last Senate-confirmed “M” Patrick Kennedy retired in 2017 in the mass departures of top officials following the arrival of Secretary Tillerson and his aides in Foggy Bottom.  If Mr. Ueland’s nomination survives the current churn, he would be wise to seek assistance from Kennedy during his transition. Whether you like Patrick Kennedy or not, he was the longest serving M at State and no one who knows him questions his dedication to the institution. He also made Foggy Bottom run. The new secretary of state cannot focus his attention on the business of diplomacy if his own building and the people in it are in disarray.

In related news —

Stephen Akard, the nominee to be the next Director General of the Foreign Service has now been withdrawn. We are hearing that a career nominee for DGHR is forthcoming but we don’t have a timeframe for when the announcement might happen. We are guessing that the DGHR position could be among the first that will be announced in the next few weeks leading to Secretary-Designate Pompeo’s confirmation hearing.

Although Akard was a former FSO, his nomination as DGHR was fairly unpopular in the career service and even among retirees, and we understand that the State Department leadership, particularly the Deputy Secretary is aware of this. We think that the withdrawal of the Akard nomination and the announcement of a respected career diplomat as the new DGHR nominee could give the new secretary of state and the career service a fresh start without the baggage of bad feelings casting a shadow over Pompeo’s transition as the country’s top diplomat.

And for those not too familiar  with State, DGHR is one of the bureaus and offices that report to the Under Secretary of State for Management. We have to point out that when the next DGHR is nominated and confirmed, the Acting DGHR right now would presumably be overseeing the Senate-confirmed DGHR in his capacity as the new Deputy Under Secretary of State for Management.

Oh, lordy! We can’t wait to read all your oral histories!

image via imgur

Via history.state.gov:

Deputy Under Secretaries of State for Management

The Department of State by administrative action created the position of Deputy Under Secretary of State for Administration, after Congress authorized ten Assistant Secretary of State positions (two of which could be at the Deputy Under Secretary of State level) in the Department of State Organization Act of 1949 (May 26, 1949; P.L. 81-73; 63 Stat. 111). Between 1953 and 1955, the ranking officer in the Department handling administrative matters was the Under Secretary of State for Administration. The Department re-established the position of Deputy Under Secretary for Administration in 1955, after Congress authorized three Deputy Under Secretary positions in the State Department Organization Act of Aug 5, 1955 (P.L. 84-250; 69 Stat. 536). The Department of State by administrative action changed the title of the position to Deputy Under Secretary of State for Management on Jul 12, 1971.

The position of Deputy Under Secretary for Management was discontinued when an Act of Congress of Oct 7, 1978, established the permanent position of Under Secretary of State for Management (P.L. 85-426; 92 Stat. 968).

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DGHR Nominee Stephen Akard Now Nominated as Director of the Office of Foreign Missions

Posted: 9:52 am  PT
Update: 7:24 pm PT

 

Update: Late on March 20, the White House officially withdrew the nomination of Mr. Akard for DGHR. 

On March 19, the White House announced the nomination of former FSO Stephen Akard to be the Director of the Office of Foreign Missions (with the Rank of Ambassador). The WH released the following brief bio:

Stephen Akard of Indiana, to be Director of the Office of Foreign Missions (with the Rank of Ambassador), Department of State.  Mr. Akard has served as a senior advisor in the Office of the Under Secretary for Economic Growth, U.S. Department of State since January, 2017.  Previously he was Chief of Staff, Vice President and General Counsel, and Director of International Development for the Indiana Economic Development Corporation, Indianapolis, Indiana from 2005 -2017.  Earlier in his career, Mr. Akard was a Foreign Service Officer with the Department of State from 1997 – 2005 and had assignments in India, Belgium, and as a special assistant in the Executive Secretariat of the State Department.  He earned his B.A, M.B.A. and J.D. degrees from Indiana University, Indianapolis, Indiana.  Mr. Akard was honored with several awards while serving in the State Department, including two Meritorious Honor awards, and a Distinguished Alumni Award from Indiana University – Purdue University Indianapolis in 2000.

Akard was previously nominated as Director General of the Foreign Service and personnel chief of the State Department (DGHR). As far as we can tell, the White House has not withdrawn the DGHR nomination. We are, however, hearing that a new DGHR nominee is in the works but we’re still seeking confirmation.

Akard’s OFM nomination was announced on March 19 together with Joseph Mondello, the nominee for U.S. Ambassador to Trinidad and Tobago. Mondello’s nomination was sent to the Senate on March 19 together with five other nominees that does not include Akard’s name, but the public notification is bound to show up at some point.

 

 

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@StateDept Publishes EPAP Positions Available Now/Summer 2018 #Feb20Lists #EFMs

Posted: 2:30 am ET

 

On February 20, the State Department through its Family Liaison Office published the 2018 Spring/Summer positions available under the Expanded Professional Associates Program (EPAP). EPAP is different from other family member employment opportunities in that it has portfolios similar to Foreign Service entry-level positions. EPAP positions are also centrally funded by the Department of State (not post funded) and are administered by the appropriate Washington regional or functional bureau. Last month, the State Department also released its new qualification standards (PDF), and required previously qualified employees/applicants to re-qualify for these jobs (see @StateDept Releases New Strategery For Diplomatic Spouse Professional Employment #Ugh).

Via State/FLO:

Each of the regional bureaus and IRM are creating a list of EPAP positions that are available now and that are expected to become available through summer 2018. These positions will soon be advertised via a vacancy announcement on USAJOBS.gov. Positions that are not filled through this announcement or that become available in fall/winter 2018 will be advertised at a later date.

Appointment Eligible Family Members (AEFMs) who would like to be considered for one or more positions are required to submit an application. AEFMs may only submit applications for positions that are available at their sponsor’s post of assignment. They must either already be at post or be arriving at post within six months of the EPAP advertisement. AEFMs must be able to work at least one full year in the position from the time of hire.

2018 Spring/Summer Positions

Note: Medical positions for all bureaus outside of NEA and SCA will be added soon. Position lists are subject to change; check back often for updates.

Lists as of February 20, 2018:

Each bureau can only fill up to the number of vacant positions allocated. More positions than the number actually available are advertised to give maximum flexibility to both applicants and bureaus in seeking good matches for the positions.

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Watch Out For the 90-Day Rule: Mandatory Retirement For Former Presidential Appointees

Posted: 12:54 am ET

 

Yo!

3 FAM 6215
MANDATORY RETIREMENT OF FORMER PRESIDENTIAL APPOINTEES
(CT:PER-594;   03-06-2007)
(State only)
(Applies to Foreign Service Employees)

a. Career members of the Service who have completed Presidential assignments under section 302(b) of the Act, and who have not been reassigned within 90 days after the termination of such assignment, plus any period of authorized leave, shall be retired as provided in section 813 of the Act.  For purposes of this section, a reassignment includes the following:

(1)  An assignment to an established position for a period of at least six months pursuant to the established assignments process (including an assignment that has been approved in principle by the appropriate assignments panel);

(2)  Any assignment pursuant to section 503 of the Foreign Service Act of 1980, as amended;

(3)  A detail (reimbursable or nonreimbursable) to another U.S. Government agency or to an international organization;

(4)  A transfer to an international organization pursuant to 5 U.S.C. sections 3581 through 3584; or

(5)  A pending recommendation to the President that the former appointee be nominated for a subsequent Presidential appointment to a specific position.

b. Except as provided for in paragraph c of this section, a reassignment does not include an assignment to a Department bureau in “overcomplement” status or to a designated “Y” tour position.

c.  The Director General may determine that appointees who have medical conditions that require assignment to “medical overcomplement” status are reassigned for purposes of Section 813 of the Foreign Service Act.

d. To the maximum extent possible, former appointees who appear not likely to be reassigned and thus subject to mandatory retirement under section 813 of the Act will be so notified in writing by the Director General not later than 30 days prior to the expiration of the 90-day reassignment period.

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Snapshot: @StateDept’s Professional Development Program Principles For #FSOs

Posted: 3:49 am ET

 

Related to our previous posts on the State Department’s new FSO Professional Development Program (see @StateDept Rolls Out New FSO Development Program, and Promotion Rules to Get Into the Senior Foreign Service and AFSA: FSOs Will Now Compete in a “Scavenger Hunt” to Be Considered for Promotion Into the Senior Foreign Service), see a snapshot of the new PDP principles rolled out by the State Department on the last working day of 2017:

The Professional Development Program (PDP) is designed to enhance leadership and adaptive capacity, fuel professional development, and develop the experience and skills of employees over the length of their careers. It is also designed to meet Service needs at various grade levels. Service needs continue to evolve based on U.S. interests, international challenges, and the evolution of diplomacy to encompass inter-agency and “crisis response” responsibilities. The principles outlined below encompass this dual objective of employee and Service needs. No single career path — no specific set or sequence of assignments, no particular promotion timing — determines success. Professional growth and career advancement come from taking on challenges and demonstrating accomplishments across an array of Service-needs assignments to broaden experience, widen perspective, deepen expertise and language proficiency, and amplify leadership and adaptive capacity. Employees should use assignments and training opportunities to challenge themselves and to integrate competencies and skill sets for positions of greater responsibility irrespective of rank or grade.

The PDP has four principles that an officer must develop and demonstrate over the course of his or her career, from entry through tenure and up to consideration for promotion at the Senior Threshold. Officers considered for entry into the Senior Foreign Service should demonstrate:

1) Operational effectiveness, including a breadth of experience over several regions and functions;

2) Leadership and management effectiveness;

3) Professional language proficiency; and

4) Responsiveness to Service needs.

 

OPERATIONAL EFFECTIVENESS

Mandatory Requirement | A minimum of 15 years in the Foreign Service, to include service in a mix of completed domestic and overseas assignments with demonstrated regional and substantive expertise, including service in two separate bureaus after tenure. Those entering the Foreign Service after January 1, 2017, must serve at least one tour in a global affairs bureau or in a global affairs position.

(Note: Superhard language training held in-region may be counted toward regional expertise. “Domestic assignments” refers to Department positions in Washington and elsewhere in the United States, not details or long-term training.)

Mandatory Requirement: Completing one of the following two electives

1) Professional Development (one tour/one academic year, cumulative, after tenure). Such assignments would be drawn from the annual list of training opportunities and details managed by the HR Bureau’s Professional Development Unit (HR/CDA/PDU), including long-term training opportunities such as Senior Training programs at the War Colleges; academic study; Transatlantic Diplomatic Fellowships; Commands and Staff Colleges; Inter-American Defense College; National Intelligence University; and details such as NSC; DHS; Pearson Fellowships; USTR; Treasury; and USTDA.

2) Out-of-Cone Assignment (one year, after tenure). Such assignments would include a position with a skill code other than your primary skill code.

 

LEADERSHIP EFFECTIVENESS

Mandatory Requirement | Significant and substantial leadership responsibility (one tour, after tenure). Such assignments would include positions that assign work, develop and set priorities, counsel employees, evaluate performances, resolve disputes, effect minor disciplinary measures, interview and recommend candidates for positions within a unit, and supervise other employees who perform such responsibilities. Positions such as Deputy Chief of Mission, section heads, unit chiefs, and office (or deputy office) director positions could be examples of positions that fulfill this requirement. Leadership effectiveness entails executing and achieving policy and programmatic results through people.

Mandatory Requirement | In accordance with the Procedural Precepts, FS-03s must complete Basic Leadership Skills (PK245) for promotion to FS-02; FS-02s must complete Intermediate Leadership Skills (PT207) for promotion to FS-01; and FS-01s must complete Advanced Leadership Skills (PT210) for promotion into the SFS.

(Related post: Burn Bag: Does @StateDept Really Care About Leadership Training?)

 

LANGUAGE PROFICIENCY

Mandatory Requirement | One language at the 3/3 level (or at the 3/2 level for a hard or superhard language) tested after tenure, or one language at the 4/4 level (tested either before or after tenure).

 

SERVICE NEEDS

Mandatory Requirement | A completed tour at a 25% or greater hardship differential post from entry into the Foreign Service OR a completed tour at an unaccompanied post from entry into the Foreign Service AND

Another completed tour at a 20% or greater hardship differential post after tenure.

Note: The standard definitions for “tour completion” apply:

10 months for a 12-month TOD

20 months for a 24-month TOD

30 months for a 36-month TOD

 

The term ‘global affairs bureau’ means any bureau of the Department that is under the following —

  •  Under Secretary for Economic Growth, Energy, and Environment (E);
  • Under Secretary for Arms Control and International Security Affairs (T);
  • Under Secretary for Management (M);
  • Assistant Secretary for International Organization Affairs (IO);
  • Under Secretary for Public Diplomacy and Public Affairs (R); or
  • Under Secretary for Civilian, Security, Democracy, and Human Rights (J)

Global affairs positions refers to diplomatic policy and support: components funded under this category are the bureaus and offices of the following:

  • Administration;
  • Arms Control, Verification and Compliance;
  • Budget and Planning;
  • Chief of Protocol;
  • Comptroller and Global Financial Services;
  • Democracy, Human Rights, and Labor;
  • Economic and Business Affairs;
  • Energy Resources;
  • Information Resource Management;
  • Intelligence and Research;
  • International Criminal Justice;
  • International Security and Nonproliferation;
  • Legal Adviser;
  • Legislative Affairs;
  • Oceans and International Environmental and Scientific Affairs;
  • Political-Military Affairs; Population and International Migration;
  • Public Affairs;
  • Secretary of State;
  • Under Secretary for Management;
  • Office to Monitor and Combat Trafficking in Persons.

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@StateDept to Hold “Harassment in the Workplace” Session But First, Read This FSI Sexual Harassment Case

Posted: 3:40 am ET

 

For those attending the event, here are a few items to read though this is not an exhaustive list. Help us ask these presenters questions that State/PA and State/DS have long ignored:

While we are on the subject, let us revisit a classic case of sexual harassment, where the State Department, specifically one of the presenting offices in the January 11 session had determined that “the alleged acts of sexual harassment did not occur” only to be reversed by the EEOC.

On January 4, 2012, Complainant filed Complaint 24 alleging that the Agency discriminated against her based on her national origin (Arabic/Iraqi), sex (female), religion (Christian), color, and in reprisal for prior protected EEO activity under Title VII when:

3. Her teaching contract was not renewed after August 5, 2011;

4. She was subjected to a hostile work environment characterized by, but not limited to, name calling and sharing an office.  She specifically asserted that since her conversion to Christianity, she was taunted by her Iraqi colleagues, who called her a “peasant,” a “prostitute,” a “bitch,’ and a “daughter of a dog.” She asserted further that she had been told that she had “sold her religion” and had a shoe thrown at her.  Complainant further asserted that she had been the victim of an unsolicited sexual overture by a colleague; and

5. On September 23, 2011, she was not selected for a full time teaching position.

The Agency completed its initial investigation on Complaint 1 in November 2012.  It did not complete an investigation on Complaint 2.  On Complaint 2, according to the Agency, Complainant did not submit an affidavit for the investigation.  Around that time – on March 14, 2013 – Complainant signed forms withdrawing Complaints 1 and 2.5  The Agency ceased processing Complaint 2, but went ahead and issued a FAD on Complaint 1 on May 13, 2013.

In its FAD, the Agency found no discrimination on Complaint 1.  Complainant filed an appeal.  On appeal, the Agency did not note that Complainant previously withdrew her complaint.

In EEOC Appeal No. 0120132236 (May 16, 2014), we recounted that Complainant was provided the right to request a hearing before an Equal Employment Opportunity Commission Administrative Judge, but there was no evidence she did so.  We reversed the FAD on the ground that the investigation was inadequate.  Unaware that that Complainant withdrew Complaints 1 and 2, we ordered the Agency to do a supplemental investigation and to consolidate Complaint 2 with Complaint 1 if the Agency was still processing Complaint 2 and had not yet issued a final decision thereon.

In its request for reconsider EEOC Appeal No. 0120132236, the Agency argued that it issued its FAD on Complaint 1 in error, and that Complainant previously withdrew Complaints 1 and 2.  It submitted a copy of its letter to the EEOC compliance officer about the withdrawal of Complaint 1, and Complainant’s signed withdrawals.  We denied the request on the ground that it was untimely filed, and repeated our order in EEOC Appeal No. 0120132236.

Following a supplemental investigation on Complaint 1, the Agency issued a new FAD finding no discrimination therein.  The Agency found that Complainant was not denied the opportunity to attend training and to proctor tests, and the alleged acts of sexual harassment did not occur.  The Agency recounted that it ceased processing Complaint 2 after she withdrew it.6

The EEOC’s decision says that the “Complainant was not subjected to discrimination regarding issue 2” but it determined that “Complainant was subjected to discrimination based on her sex regarding issue 1 – sexual harassment.”

This case which was filed in 2010 was decided by the EEOC on July 7, 2016. Six years. The State Department was ordered to take the following remedial actions within 150 days after the decision became final, and was directed to submit a report of compliance, as provided in the statement entitled “Implementation of the Commission’s Decision.”  The report shall include supporting documentation of the agency’s calculation of back pay and other benefits due complainant, including evidence that the corrective action has been implemented.”

1. The Agency is directed to conduct training at FSI, School of Language Studies for all management and staff in the Arabic Section.  The training shall focus on how to identify and prevent sexual harassment connected with employment.14

2.  If S2 is still employed with the Agency, it shall consider taking disciplinary action against him.  The Agency shall report its decision.  If the Agency decides to take disciplinary action, it shall identify the action taken.  If the Agency decides not to take disciplinary action, it shall set forth the reason(s) for its decision not to impose discipline.

3.  The Agency shall gather evidence on compensatory damages, including providing Complainant an opportunity to submit evidence of her pecuniary and non-pecuniary damages regarding being sexually harassed.  For guidance on what evidence is necessary to prove pecuniary and non-pecuniary damages, the parties are directed to EEOC Enforcement Guidance: Compensatory and Punitive Damages Available Under § 102 of the Civil Rights Act of 1991 (July 14, 1992) (available at eeoc.gov.)  Thereafter, the Agency shall calculate damages, pay Complainant any damages awarded, and issue a new FAD on damages appealable to the Commission.

The State Department was also directed to post the EEOC order:

The Agency is ordered to post at its Foreign Service Institute, School of Language Studies copies of the attached notice.  Copies of the notice, after being signed by the Agency’s duly authorized representative, shall be posted both in hard copy and electronic format by the Agency within 30 calendar days of the date this decision becomes final, and shall remain posted for 60 consecutive days, in conspicuous places, including all places where notices to employees are customarily posted.  The Agency shall take reasonable steps to ensure that said notices are not altered, defaced, or covered by any other material.  The original signed notice is to be submitted to the Compliance Officer at the address cited in the paragraph entitled “Implementation of the Commission’s Decision,” within 10 calendar days of the expiration of the posting period.

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AFSA: FSOs Will Now Compete in a “Scavenger Hunt” to Be Considered for Promotion Into the Senior Foreign Service

Posted: 1:07 pm PT

 
AFSA’s State VP Kenneth Kero-Mentz sent out a message today on the new Professional Development Program and new requirements for promotion into the Senior Foreign Service, Promotion Criteria Changed: Opening Your Window. If you have not seen it yet, see below via afsa.org:

 

Over a year ago, the Department informed AFSA that it wanted to change the criteria for those seeking entry into the Senior Foreign Service under the “Professional Development Program.” While AFSA supported many of the changes included in the PDP, we expressed deep concern about the so-called “service needs” proposal. Currently, those FSOs interested in opening their window must have served at least one tour at a 15% or higher hardship post. The Department told us it wanted to mandate that FSOs complete a tour at a 25% or greater hardship differential post from entry into the Foreign Service (or a tour at an unaccompanied post from entry), AND a second tour at a 20% or greater differential post after tenure.

During the extended negotiations, the Department’s justification for this radical shift changed constantly. Initially, the proposed changes were necessary to fill vacant positions at greater hardship posts. AFSA pointed out that the Department’s own data revealed that vacancy rates at 20% and higher differential posts are actually lower than the vacancy rates at 0% and 15% posts. Next, the Department claimed that the real problem was that there were too few and/or subpar bidders at certain hardship posts in Africa and South Central Asia. We countered that the recent changes to Fair Share rules and bidding privileges will drive more bidders to 20% and higher posts, alleviating that possible concern. But then the Department changed its rationale a third time, arguing that FSOs need to be exposed to service in high differential posts to build the leadership skills necessary for promotion into the SFS.

AFSA fought back, and took the dispute all the way to the Foreign Service Impasse Disputes Panel (FSIDP) where we argued strenuously that this move is unnecessary (based on the Department’s own data), directly contradicts the Foreign Service Act of 1980, harms members of the Foreign Service, and is untenable. Implementing this proposal would result in a less diverse SFS, we argued, and it contravenes both Section 101 of the Act (which states that “the members of the Foreign Service should be representative of the American people”) as well as Secretary Tillerson’s stated goal of a more diverse Foreign Service. Unfortunately, the FSIDP sided with the Department.

Our position has remained consistent: if the Department can identify a realproblem, AFSA is committed to working with the Department to solve it. Not only did the Department fail to provide evidence of a genuine problem, its proposed solution to its ever-evolving alleged problem is contrary to the Act’s SFS promotion criteria in that it undermines the legal authority of the Selection Boards. Adoption of the Department’s proposal guts the SFS promotion process by transferring decisions regarding the future leadership of the Department from the Selection Boards to HR. Instead of competing for promotion on the strength of their performance evaluations, FSOs will now compete in a “scavenger hunt” for the limited number of positions at 25% or higher posts to meet an arbitrary criterion to be allowed to open their windows and be considered for promotion into the SFS by the Selection Boards. We are quite certain this change will lead to unforeseen difficulties, not only for FSOs but also for regional bureaus, especially those with many FSO positions to fill at 15% posts.

This change in criteria will have an adverse impact on many Foreign Service employees who will not be able to meet the requirements due to the lack of available positions and their own or their family members’ personal situations, thus, undermining the diversity of the SFS. We argued—and provided concrete examples—that many of the greater hardship posts are even more challenging to serve in for tandem couples, for those with medical concerns, for families with children with special needs, or for LGBT FSOs where privileges and immunitiesmay not be granted to their spouses and families. And what about for those who are consistently promoted at the first opportunity—our “fast risers”—are they expected to focus only on hardship posts as they move up?

Unfortunately, now that the FSIDP has ruled, the Department announced this change on December 29 with the release of 17 STATE 127376. We believe this change is likely to result in numerous grievances from FSOs who bid, year after year, on greater hardship posts but were not assigned to such posts, and so we urge all FSOs to keep records of bidding. The Foreign Service Grievance Board (FSGB) “has long recognized that agencies are responsible for providing Foreign Service Officers with opportunities to advance their careers… [T]his provides a necessary protection in an ‘up or out’ promotion system and is grounded in the FSA and agency regulations.” Further, “a Foreign Service agency has an affirmative obligation to provide each of its officers with fair and reasonable opportunities for development and retention in the Service… [T]he agency cannot simultaneously engage in a process that deprives its officers of those very opportunities…”

AFSA has repeatedly told the Department that it wants to help solve problems in filling FSO positions at greater hardship posts, if they truly exist, but to date the Department has failed to provide any evidence of an actual problem. While AFSA will continue to be collaborative in its labor management relationship with the Department—and we are pleased that our negotiations with the Department yielded many positive changes in the PDP compared with earlier versions—we will not be complicit in the pursuit of a “solution” for which there is no problem. Further, the Department’s changes to the PDP will further complicate bidding simply because there are not enough hardship positions to meet demand. There is no guarantee that talented FSOs, who have to this point progressed quickly through the ranks, will be able to meet these additional requirements to enter the Senior Foreign Service within the prescribed time frame. Those FSOs unable to meet these new requirements—and, given the scarcity of positions available, that will be many FS-01s—will not be allowed to open their windows unless they can convince HR to grant them a waiver.

With the recent FSIDP decision, the Department is now free to implement this radical change through the Professional Development Program. It is AFSA’s intention to approach discussions with the Department with the goal of minimizing adverse impact of this new policy on our members’ careers to the greatest extent possible. Looking toward the future, we urge all members of the Foreign Service to maintain good records of their bidding efforts, and stay tuned as we work with the Department to ensure that the “waiver” portion of its proposal is developed into a robust, transparent, and well-defined system. In accordance with the Department’s ALDAC, those with policy questions should direct their concerns to careerdevhelpdesk@state.gov and feel free to share your concerns with us as well.

Despite our disappointment, we look forward to continuing with our overall collaborative and positive relationship with the Department.

 

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