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.

 

 

Related posts:

 

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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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@StateDept Spox Talks Foreign Service Retirement Numbers, Paris vs. Pakistan

Posted: 5:02 am ET

 

According to a State/HR workforce document, the actual retirements and retirement projections for the Foreign Service are as follows:

  • FY2015: 186 FSOs/178 FSSs retirements (or a total of 364) – actual
  • FY2016: 229 FSOs/185 FSSs (or 414 total, average 34 retirements/month) – projection
  • FY2017: 219 FSO/187 FSSs  (or 406 total/ave 34 retirements/mo) – projection
  • FY2018: 195 FSOs/193 FSSs (388 total/ave of 32 retirements/mo) – projection

For non-retirement separations (including resignations), the actual number for non-retirements separation and non-retirement separation projections for the Foreign Service are as follows:

  • FY2015: 93 FSOs/82 FSSs (a total of 175) – actual
  • FY2016:  61 FSOs/43 FSSs (104 or 9 ave separations/month) – projection 
  • FY2017: 56 FSOs/39 FSSs (95 or  8 ave separations/mo) – projection
  • FY2018: 57 FSOs/36 FSSs (93 or 8 ave separations/mo) – projection

The spokesperson gave the press an update on retirements, but the numbers did not include non-retirement separation (this includes resignations, transfers, and deaths, as well as “selection out” of tenured employees and non-tenured decisions for entry level FS employees).  If journalists simply ask for the resignation number, that number would only be one component of the non-retirement separation data.

The State Department’s DGHR has the actual numbers of retirements/non-retirement separations of Foreign Service officers and specialists for FY15, FY16, FY17, and FY18-todate. It should release those numbers. It will allow us to get a comparative view of attrition in the State Department. It will also allow us to see if the retirement/non-retirement separations are within the projected numbers made by its HR professionals in late 2016. Why? Because the agency’s own HR folks projected that the average annual FS attrition over the next five years will essentially mirror the average annual attrition of the previous five years. Obviously, that will no longer be the case with the looming staff reduction and buyouts but FY16-FY17 would still be useful markers to look at.

Since the State Department has pushed back on the narrative that the State Department has been gutted, here is its chance for some real show and tell. Somewhere in DGHR’s bullpen, somebody has these numbers and can potentially see a trend if there is one. But if we have those numbers, we, the public can also look for ourselves and decide if the “sky is falling” or if this is just a normal part of the plan.

But you know, even if the numbers show that State is not “gutted” now, even if the numbers are at par with last year’s, at some future time when the staff reduction and buyouts are fully in effect, over 2000 positions will still be eliminated from the State Department. We understand that State/HR has been sending “some serious signaling” — making reps available, sending links to necessary forms for retirements, transfers or reassignments, links to retirement courses at FSI, contact info for employee benefits, etc. So we can talk about retirement numbers all we want, that staffing reduction plan is marching on.

The State Department needs about 1,700 employees to leave through attrition, and some 600 to leave via buyouts. If the spokesperson is right, that the retirement in 2017 is “roughly on par with the number that retired in 2016” then … wait — does that mean that it’s staff reduction plan has not moved the needle?  Which is it? Can’t have it both ways, folks.

Via DPB, December 12, 2017:

QUESTION: — I was interested in listening to hear for updated figures, if you all have them, about retirements, resignations over the course of the past 11 months. He didn’t really address that. There was one brief mention of the size of the Foreign Service being roughly the same as it was at this point last year.

MS NAUERT: I do have some numbers for you, some updated numbers for you. But I want you all to keep in mind that these numbers are constantly changing. As people make decisions about retiring, we may see some new changes – or some new numbers in the coming weeks. But I do have an update for you. But go ahead, finish – if you want to finish the question —

QUESTION: Well, that’s – I just —

MS NAUERT: That’s it? Okay. So —

QUESTION: I’d like one more, but that’s the – but not about the numbers.

MS NAUERT: Okay. All right. I’ll take the numbers first and then we’ll go to your next one and get to everybody else. In terms of our career Foreign Service officers and specialists, here are some of the preliminary accounts that we have – counts, pardon me. From February the 1st to October the 31st of 2017, 274 career Foreign Service officers and specialists have retired during that time period. That is roughly on par with the number that retired in 2016. That number was 262. So 274 this year, up till October the 31st, that same time period last year was 262.

QUESTION: What about resignations?

MS NAUERT: Uh, let’s see. Retirements – I’m not sure that I have anything on actual resignations.

QUESTION: Well, you’re probably aware that in recent days there’s been a flurry of new reports about the – about mid- to lower-level people resigning out of frustration, anger —

MS NAUERT: I saw one news article about —

QUESTION: — disappointment.

MS NAUERT: — a woman who retired in Africa, or decided to step down.

QUESTION: Well, she didn’t retire; she resigned.

MS NAUERT: She resigned; pardon me.

QUESTION: So I’m curious to know about numbers of resignations rather than retirements because if you look – if someone resigns rather than retires, and doesn’t have benefits, is not vested, that’s – it’s a little bit different than a retirement. So I’d be curious, if it’s possible, to get the numbers of resignations of —

MS NAUERT: I will – I will certainly check in with our human resources people and see what I can find for you in terms of the number of resignations that we’ve had.

QUESTION: Okay. And then the last one, which will be also very brief, was that the Secretary, in response to some question, I believe, made a mention of how staffing at posts, some posts in Europe – and I think he named London, Paris, and Rome – might go down as people are repositioned. I’m wondering if this is in any way analogous to what former Secretary of State Rice put in place with this – her concept of transformational diplomacy, where she also talked about shifting significant numbers of diplomats from European capitals to places of – India, Indonesia, Pakistan, rising places. And if it is analogous, how? Because it – her initiative was not combined with a goal of reducing staffing by 8 percent.

MS NAUERT: Okay. Well, first of all, I wouldn’t compare what the Secretary mentioned today to what Secretary Rice had done in the past. And I say that because the Secretary now – Secretary Tillerson – has looked at some of our posts, some of our very, very well-staffed posts in places like Paris and London and elsewhere, and certainly they do great work there. But we also have posts where perhaps more people are needed, where there are perhaps issues that are very pressing that need a lot more attention.

So I think as the Secretary looks at some of these bigger posts in very well-off countries, industrialized countries where the issues aren’t as grave as in other places, he’s looking to maybe see if we can reconfigure things to put more people in posts where there may be more people needed.

QUESTION: Can I follow up on that?

MS NAUERT: So that’s why I wouldn’t compare it to Secretary Rice’s. Yeah, hi, Nick.

QUESTION: Just to follow up on that, he said that there would be no office closures. Does – is he saying now that there will be no closures of consulates in countries in Europe as part of this shift in resources?

MS NAUERT: I don’t think so. I think – and we’ve spoken about this in the past. I think he’s just looking at it, saying, hey, look. Look at Paris. Look at London, where – I don’t know what the numbers are, and you know we don’t announce those numbers anyway. But they’re – it’s a huge staff in some of these places. And if you look at that and compare it to – and this is just me saying this – if you compare it to a place like Pakistan, they might need more people in Pakistan. They might need more people in Venezuela. They might need more people elsewhere than they have in these beautiful postings like Paris.

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Dear Secretary Tillerson: What Are You Going to Do About This? #16Days

Posted: 3:40 am ET
 

 

A new mail in our inbox:

“In reference to a blog posting dated August 8th, you reported on a woman who was raped and stalked by a supervisory special agent.  This employee is still employed and he has struck again.  Why is he still employed yet still committing offenses?”

The new case includes a petition for temporary restraining order/injunction filed on November 13, 2017. It appears that the petitioner in this case did testify but the injunction hearing is scheduled for April 2018.

Back in August, we blogged about an individual who asserted that she was raped and stalked by a supervisory Diplomatic Security agent assigned to one of Diplomatic Security’s eight field locations in the United States:

She said that was interviewed by Diplomatic Security’s  Office of Special Investigations (DS/DO/OSI) in November 2014. She also said that she provided a Victim Impact Statement to DS/OSI in December 2015. The investigation reportedly concluded in February 2016 with no disciplinary action. She informed us that during one telephonic conversations with a Supervisory Special Agent, she felt pressured to say that “I was pleased with the DoS handling of this case.” She presumed that the call was recorded and refused to say it.  She cited another case that was reported around the same time her case was investigated in 2014.  She believed that there were multiple police reports for the employee involving different women for similar complaints.

We’ve asked the Bureau of Diplomatic Security for comments about this case, and whether this was reported to the Office of Inspector General. To-date, we have not received an acknowledgment to our inquiry nor a response to our questions despite ample time to do so.

Read more: A Woman Reported to Diplomatic Security That She Was Raped and Stalked by a DS Agent, So What Happened?

We are aware of at least three different incidents allegedly perpetrated by the same individual who has law enforcement authority. One of these three identifies herself as “Victim #4”.

Per Department of State Authorities Act for Fiscal Year 2017:

1 FAM 053.2-6  Required Reporting of Allegations to the OIG (CT:ORG-411;   04-13-2017)

a. Effective December 16, 2016, section 209(c)(6) of the Foreign Service Act of 1980, as added by section 203 of the Department of State Authorities Act, Fiscal Year 2017 (22 U.S.C. 3929(c)(6)), provides:

REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHORITY.—

(A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘Department entity’) shall submit to the Inspector General a report of any allegation of—

(i) waste, fraud, or abuse in a Department program or operation;

(ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher;

(iii) criminal misconduct on the part of a Department employee; and

(iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority.

(B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation.

b. Any allegation meeting the criteria reflected in the statute should immediately be brought to the attention of the relevant head of a bureau, post, or bureau-level office. (Bureau-level offices are entities on the Department’s organizational chart as revised from time to time, see Department Organizational Chart.)

c.  The first report by any Department entity should cover the period beginning December 16, 2016 (the day the law went into effect), and ending not later than five business days before the date of that report. Thereafter, any additional reportable information is due not later than the five-business day deadline stated in the statute. 

See more: @StateDept Now Required to Report Allegations and Investigations to OIG Within 5 Days

The case of the individual in the August blogpost occurred before the Department of State Authorities Act for Fiscal Year 2017 became law. But this latest case was filed on November 13, 2017.

We’ve asked Diplomatic Security for comment but despite ample time to do so, we only hear radio silence.

NADA

We’ve inquired from State/OIG if DS officially reported this case to them, and we got the following response:

“In response to your inquiry, it is best addressed by the Department.”

What the what?! So we end up asking our dear friends at the State Department’s Public Affairs shop:

We recently received information that the same individual is now alleged to have committed similar offenses in another state. This is not the first nor the second allegation. Since DS never acknowledged nor responded to our request for comment, and State/OIG told us we should direct this question to you, we’re asking if you would care to make a comment. What is the State Department’s response to this case involving an individual, a supervisory DS agent with multiple allegations who remains a member of the agency’s law enforcement arm?

Apparently, our dear friends are still not talking to us.  As of this writing we have not received any acknowledgment or any response to our inquiry.  Should we presume from this silence that the State Department hope that we just get tired of asking about this case and go away?

Anyone care that there is potentially a serial offender here?

In 2014, a woman (identified herself as Victim #4) reported that she was raped and stalked by a supervisory agent of Diplomatic Security.

In April 2015, a case was filed for Domestic Abuse-Temp Rest Order against the same person.  The case was closed. Court record says “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.” 

On November 6, 2017, another case for “Harassment Restraining Order” was registered against the same individual and closed. The court sealed the name of the complainant. The court record says  “The court did not issue an injunction against the respondent in this case. The reasons were stated on the record and may be explained in the final order. No adverse inference should be drawn against the respondent when an injunction is denied or a case dismissed. The fact that a petition was originally filed means nothing.”

On November 13, 2017, a “Domestic Abuse-Temp Rest Order” was filed against the same individual, and this case is scheduled for an injunction hearing on April 30, 2018.

2014. 2015. 2017.

A source speaking on background explained to us that once Diplomatic Security completes the investigation, its Office of Special Investigations (OSI) sends the case report to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD).  This office is under the responsibility of the Director General of the Foreign Service, or in the absence of a Senate-confirmed appointee, under the authority of Acting DGHR William E. Todd, who reports to the Under Secretary for Management (currently vacant), who in turn reports to the Deputy Secretary of State John Sullivan.

“The most concerning cases can take years and remember, the employee is waiting from CSD to hear proposed discipline. Almost everybody appeals that initial decision. Then they appeal the next decision to the FSGB which, not infrequently, dismisses cases or reduces disciplinary action for timeliness. Each step in the process can take multiple years and DS can’t do anything other than remove law enforcement authority when appropriate.”

This one via State/OIG (ISP-I-15-04):

The Bureau of Diplomatic Security, OIG, and/or the Office of Civil Rights (S/OCR) may initially investigate misconduct involving both Foreign Service and Civil Service employees, depending on the nature of the allegation. If an investigation suggests a possible disciplinary issue, the case is forwarded to the Bureau of Human Resources Conduct, Suitability, and Discipline Division, Office of Employee Relations (HR/ER/CSD). Similarly, when a bureau without delegated disciplinary authority or post management determines that misconduct by an employee warrants more than admonishment, they forward documentation to HR/ER/CSD for consideration of disciplinary action. HR/ER/CSD, which has eight staff members, receives about 240 referrals per year.

“Preponderant Evidence” vs “Beyond a Reasonable Doubt” Standard via State/OIG:

HR/ER/CSD and bureaus with delegated disciplinary authority are responsible for determining whether disciplinary action is warranted and for developing disciplinary proposals.

The “preponderant evidence” standard is used rather than the higher standard of “beyond a reasonable doubt” used in criminal cases.4 The Department is additionally required to establish a nexus between the disciplinary action and the promotion of the efficiency of the service.5 For both Civil Service and Foreign Service disciplinary cases, a proposed penalty is based on the review of similar past discipline cases and the application of the Douglas Factors…”

The Office of the Legal Adviser, Employment Law (L/EMP), and DGHR’s Grievance Staff, along with the Office of Medical Services, the Bureau of Diplomatic Security, OIG, DGHR’s Office of Career Development and Assignments, and domestic bureaus or overseas posts, as necessary, cooperate in developing a factual basis for a disciplinary case. HR/ER/CSD and L/EMP clear proposed disciplinary actions from the bureaus with delegated disciplinary authority that involve suspension, termination, or reduction in pay grade for Civil Service employees.

In the 2014 State/OIG report, HR/ER/CSD staff members acknowledge that timeliness is one of their primary challenges and that the case specialists are consistently unable to meet their performance target of 30 days from receipt of a complete referral package to proposal finalization. “The OIG team’s analysis of 891 discipline cases between 2010 and May 2014, for which timeliness data could be extracted from the GADTRK database, revealed that the average time from case receipt to decision letter was 114 days.”

Our source speaking on background elaborated that the reason State/DS has an adverse action list is because it takes so long for the Department to discipline employees, Diplomatic Security “needed a tracking mechanism.” (see Bureau of Diplomatic Security’s “Naughty List” — What’s That All About?).

But. 2014. 2015. 2017.

How many is too many?

How long is too long?

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