State/OIG Reviews Former FSO’s Allegation of Improper Denial of Promotion

Posted: 3:48  am EDT
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On July 31st, State/OIG posted online its review on an FSO’s allegation of improper denial of promotion:

The Office of Inspector General (OIG) conducted this review to assess a former Department of State (Department) employee’s (complainant) allegations of an improper denial of promotion. Specifically, in September 2013, the complainant alleged that (1) the Department’s Bureau of Human Resources (HR) fraudulently tampered with or manipulated six reconstituted promotion boards conducted in 2010 and 2011 and (2) HR fraudulently altered documents generated by these six boards to prevent the complainant from being ranked for promotion. OIG interviewed former board members and consulted with a forensics expert, and found that the evidence does not support the complainant’s allegations.

According to the footnote in this report, on August 18, 2011, the FSGB issued its final decision, concluding that the Department fulfilled its responsibility of proving that the complainant would not have been promoted during the years at issue even if the alleged procedural errors had not occurred. The complainant appealed to the Federal District Court and challenged both the FSGB interim decision (which resulted from its order to conduct the six final boards), and the FSGB final decision. The complainant filed a Federal appeal in U.S. District Court on January 7, 2011, which has now been temporarily suspended at the complainant’s request.

This case does not include the name of the foreign service officer but we think this is the Joan Wadelton’s case that has been through the Foreign Service Grievance Board and is the subject of a litigation in the U.S. District Court of the District of Columbia.

Reading through this report, we are struck by OIG being “unable to review any notes or score sheets generated by the 2006 boards because Department policy required treating them as working files; as such, they were destroyed once the rankings were finalized.” Although it appears State/OIG reviewed other scoresheets and consulted with a DHS expert to conduct forensic analysis. The report says that the review could not substantiate the complainant’s allegation that HR fraudulently altered documents associated with her 2010 to 2011 reconstituted promotion boards.

We don’t understand this policy of destroying working files, particularly on cases such as promotions. What’s the rationale for doing so? Anyone want to school me on this?

Read it here: ESP-15-06_Improper Denial of Promotion Allegation.

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Joan Wadelton’s Appeal Makes it to FSGB 2011 Annual Report to Congress

In May, we posted about the case of FSO Joan Wadelton from Patricia Kushlis’ troubling blog post (see Joan Wadelton’s Case: That’s One Messy Promotion Scorecard, Next Up – It’s GAO Time!).  Ms. Wadelton’s case made it to the FSGB’s 2011  Annual Report to Congress:

Appeal of Joan Wadelton. On January 7, 2011, Joan Wadelton, a Foreign Service Officer with the Department of State, filed a Complaint in the District Court for the District of Columbia, asking that it review the Board’s decision resolving a 2008 grievance appeal. Ms. Wadelton had filed three grievances prior to the 2008 appeal contesting the results of six selection boards which had not promoted her. As a result of those grievances, all six boards were reconstituted and Ms. Wadelton’s file was again reviewed for promotion. None of the six reconstituted boards promoted her. Ms. Wadelton then challenged the results of the reconstituted boards in the 2008 follow-on grievance. In its decision, the Board found deficiencies and irregularities in the operations of all six reconstituted boards, rebutting the presumption that they were conducted with regularity, and ordered that six new reconstituted selection boards be convened. Ms. Wadelton’s complaint challenges the Board’s decision to order a new round of reconstituted boards, rather than direct a promotion, as she had requested.

So Ms. Wadelton contested the results of the six selection boards, and State reconstituted all six boards.

Then Ms. Wadelton challenged the reconstituted boards, and FSGB ordered State too reconstitute six new selection boards.

The Grievance Board “found deficiencies and irregularities in the operations of all six reconstituted boards” so it ordered State, that is, the same HR Bureau to reconstitute six new selection boards.  Because that makes a lot of sense. It did not say if the deficiencies and irregularities were isolated to these six reconstituted boards or if they are systemic to the bureau and the process.

Hopefully the new boards are better at math so the promotion scorecards won’t be as messy, yes?  Or maybe, since this is now a case in the District Court for the District of Columbia, we’ll hear much more about the perplexing promotion scorecard process and how they get so messy.

Domani Spero