Foggy Bottom’s Humongous Professional Ethos Poster Board Deserves a New Life

We are starting Week #6 of our eight-week annual fundraising. Our previous funding ran out in August 2020.  If you think what we do here is useful, we could use your help. Please see GFM: https://gofund.me/32671a27

 

Related posts:

###

Foreign Service Grievance Board Annual Report 2020-Statistics (3/1/21) – Updated

13 GoingOn 14: Help Keep the Blog Going For 2021 — GFM: https://gofund.me/32671a27

 

Update 3/30:  A source with insight into the FSGB process informed us that  the new metric starts counting the days when the file is complete and ready for adjudication.  Prior to file completion, processing times depend heavily on how promptly the grievant and agencies provide documentation.  It appears that the FSGB want to focus on the period that is totally under the FSGB’s control.  That’s understandable but that does not give a full picture. The source agreed that it would have been useful to also report the total processing time as previously calculated. There’s no reason why FSGB can’t include the processing time from ROP closure to decision, as well as the total processing time as it has done in the past. We also learned that to keep cases moving forward during the October 2020 to mid-February 2021 staffing gaps, the remaining 11 FSGB members reportedly had to increased their case work hours on average by about 21 percent. Some cases were also reportedly judged by two-member panels instead of the usual three-member panels. 

Last December, AFSA called on then Secretary of State Mike Pompeo to fulfill his statutory responsibility (22 U.S.C. 4135b) to make appointments to the Foreign Service Grievance Board (FSGB). Eight seats on that board have been vacant since October 1 due to inaction on their nominations. “The nomination paperwork was transmitted to Secretary Pompeo’s staff on or before August 28, 2020, giving him at least four weeks to act prior to the September 30 expiration of the terms of office of the eight positions. If Secretary Pompeo had adverse information on any nominees, he could have allowed the Foreign Service agencies and AFSA to submit replacement nominations prior to September 30. Unfortunately, Secretary Pompeo has taken no action over the past three months.”
In the March 2021 issue of the Foreign Service Journal, AFSA Retiree Representative John Naland wrote that  “Secretary Pompeo left office without acting on the nominations, leaving it to his successor to fulfill that responsibility. Secretary Antony Blinken did so within two weeks of taking office. Perhaps by the time a future historian finds this column, Secretary Pompeo will have explained his failure to act. But my impression today as the AFSA Governing Board member charged with overseeing the annual FSGB nomination process is that Secretary Pompeo’s dereliction of duty was of a piece with the arrogance and contempt for the rule of law that he frequently showed to committees of Congress, the media and others. Secretary Pompeo’s passive-aggressive evisceration of the FSGB deserves to be recorded and remembered.”
Lawrence C. Mandel, the Chairperson of the Foreign Service Grievance Board issued the Annual Report for 2020 on March 1, 2021. The report notes that staffing was complicated by delay in the re- appointment of the Board’s Senior Advisor and two annuitant members, and the delay in appointment of five new Board Members, resulting in vacancies of nearly half of their members over the final three months of the year. Members of the Board are appointed for terms of two years by the Secretary of State.
The Annual Report says that despite these staffing challenges, “the Board closed 66 cases – almost as many cases as in 2019 (69). The average time to issue decisions was 66.9 days after closure of the Record of Proceedings (ROP).”
Whoa, whoa, wait, “the average time to issue decisions was 66.9 days after closure of the Record of Proceedings (ROP)?”  That got our attention. Based on the previous annual reports, the disposition of a case was measured from the time of filing to Board decision (or withdrawal/dismissal); not from when decisions are issued after closure of the ROPs.
In 2019, the disposition of cases, as we normally understood it, took 57 weeks, which would have been 399 days. In 2020, the average time is 66.9 days which is just 9.5 weeks. See below:
2020: Average time for disposition of a case, from closure of Record of Proceedings to Board decision was 67 days 
2019: Average time for disposition of a case, from time of filing to Board decision, withdrawal, or dismissal, was 57 weeks. A number of older cases were closed this year, including some that had to await decisions in other fora. Additionally, fewer cases were settled and withdrawn this year, which increased the average time for disposition.
2018: Average time for disposition of a case, from time of filing to Board decision, withdrawal, or dismissal was 41 weeks. Excluding three cases that were significantly delayed by extraordinary circumstances, the average time for disposition was 38 weeks.
2017: Average Time for disposition of a case, from time of filing to Board decision, withdrawal, or dismissal was 41 weeks.
2016: Average Time for disposition of a case, from time of filing to Board decision, withdrawal, or dismissal was 39 weeks.
So we asked the FSGB about this new way of describing the average time of disposition of FSGB cases.  The new way of describing duration of cases is not from time of filing, but rather from when a decision is issued after closure of the ROPs.
We also wanted to know what impact the 3 month delay in appointing/reappointing eight seats to the Board affected the processing of their cases.
We received a brief response that says in part, “We allow the FSGB Annual Report, as submitted to Congress, to speak for itself.”
Help alert! That is, we need help to understand stuff. We still can’t understand the way they calculate the disposition of a case. Counting from closure of ROPs to Board decision does not tell us the actual duration of cases, does it?
Good news though; at least they do not have an email chewing doggo over there!

###

Pompeo: Congratulations to you, and you , and you, but NOT you President-Elect @JoeBiden

 

MikeyPo Shows Once More His Smallness as Secretary of State #ByePompeo

We’re not sure why people expects anything better from the 70th secretary of state. If you were shocked, you have not been paying attention. This secretary of state has shown repeatedly, despite a much touted swagger, that he was not the man for this job. Why do you think he needed that swagger?  But swagger can only take one so far. Reality eventually catches up with you. He will go down in history not only as the most political secretary of state in modern times, but also the worst one by far.
No, we haven’t forgotten about Rex Tillerson, but the 69th secretary of state was not an  ideologue nor an opportunistic hack like his successor. SecState 69th was also his own man, and he recognized a moron when he saw one. Unfortunately, this is something we cannot say about the soon to be former secretary of state otherwise known as ‘a heat-seeking missile’ for … oh, golly, you undiplomatic, you!
Folks may complain in the future about other secretaries of state, but we expect it will always come down to the threshold question — is he or she Pompeo-bad?
The leadership behavior at State appears to be trickling down. A senior security official at the US Embassy in Kabul recently called the U.S. election on social media, a “fraudulent election”, called President-Elect Joe Biden, a “senile idiot” and Vice President-Elect Kamala Harris, “a woman that claims to be black, but she’s not.” As if that’s not offensive enough, this senior career official also writes, “Oh and did I mention, so much for the economy, when this stupid fucking moron appoints Bernie Sanders and Elizabeth Warren to his cabinet. Watch it all collapse and then you’ll wonder what happened to our country. Obama fucked it all up and Trump turned it around. Now it all goes to shit again.”  Meltdown at the Kabul aisle!
This is not only unacceptable and outstandingly bad behavior for a senior official overseas, this is also against the Department’s Foreign Affairs Manual, see 3 FAM 4123.3  for Political Activities for starters. But given the tolerance for bad behavior in Foggy Bottom, will US Embassy Kabul, DGHR, or the State Department clean up or just look away with a sigh?
There are some good news though; come January 20, Mr. Pompeo (and his buddies), whether he accepts the Biden reality or not, will have to step down from his job. And oh, my gosh!  He also must leave the USG-provided housing he now occupies (one flag officer says yay!) and return to … well, we’re not sure exactly where that might be. Maybe Kansas where he almost run for the Senate and could have won a six-year term.  It doesn’t matter, really, does it?  He’ll be working on his 2024 project unless somebody crashes it.  Somewhere, we imagine, he will be grilling a journalist or two with blank world maps. And he needs to walk and scoop after Sherman and Mercer.
Also on January 20, please fumigate swagger from Foggy Bottom and get moving. There is much work to be done. We hope folks will pour their energies in the rebuilding and strengthening of our institutions. But we also hope they won’t forget to write down their memos to file documenting their last four years of organizational life. May y’all remember because the world will not go back to what it was as the Kabul incident shows.  Something broke here. And it will take many long years to repair. But it’s important to remember, and uphold — as Sheila S. Coronel of the Columbia University Graduate School of Journalism wrote in “A warning from the Philippines on how a demagogue can haunt politics for decades” — uphold “a truthful record of history” even as some of these people swagger into the sunset.

 

Amb. P. Michael McKinley on the Politicization of the State Department

Via The Atlantic: The Politicization of the State Department Is Almost Complete by P. Michael McKinley, a former senior adviser to Secretary of State Mike Pompeo and a former U.S. Ambassador to Brazil, Afghanistan, Peru, and Colombia.
I worked at the State Department for nearly four decades, in the later years as a four-time ambassador overseas and as a senior adviser to Secretary of State Mike Pompeo. I have watched as Pompeo and his predecessor, Rex Tillerson, have weaponized the institution for the Trump administration’s domestic political objectives. On October 9, just weeks away from the presidential election, Pompeo announced that he would authorize, apparently at President Donald Trump’s urging, the release of more of Hillary Clinton’s emails. In doing so, Pompeo will have all but completed the politicization of the State Department, arguably bringing it to its lowest point since the 1950s. The damage may be generational.
[…]
This transformation started with Tillerson, who came in with the goal of “redesigning” the State Department and with what appears to have been a political agenda to weed out anyone who had served in leadership positions during prior presidential administrations.
[…]
As a result, more than 100 out of some 900 senior Foreign Service officers—including the most visible high-ranking Hispanic, African American, South Asian, and female career officers—were fired, pushed out, or chose to leave the State Department during the first year of the Trump administration.
[…]
The track record since my departure shows that suspicious mindset. No career official has been nominated to fill an assistant-secretary position. Political ambassadorial nominations are at an all-time high; more than 40 percent have gone to political appointees, as compared with a historical average of 30 percent. The political attendees at Pompeo’s “Madison Dinners,” and the audiences he meets with in his domestic travel, demonstrate the blurring of professional and political lines. In May, Trump fired Steve Linick, the State Department’s inspector general, who was looking into Pompeo’s activities, underscoring how the legal adviser and IG offices are being drawn into political partisanship.
[…]
The transformation is not irreversible. Career civil servants have raised the alarm about the deep damage that the Trump administration has inflicted on U.S. institutions, including the State Department. The American people will soon make a decision about whether they want to continue down this path. Come Election Day, voters will not be able to say that they did not know.
Read in full here:

Office of Special Counsel Investigates Pompeo For Two Potential Hatch Act Violations

 

Travels With the Pompeos and the Espers: Who Invited the Spouses?

 

American Oversight Calls on @US_OSC and @StateOIG to Investigate Pompeo’s Email Rush Before the Election #WSOS

 


 

 

 

Burn Bag: If you donate $10,000, you will receive a “personal visit with Secretary of State Mike Pompeo”

Via Burn Bag from Sender A:
“Secretary Pompeo is attending the Florida Family Policy Council (FFPC) annual dinner on October 3.  The invitation for the event states that if you donate $10,000 (Diamond Table Sponsor) to the organization you will receive a “personal visit with Secretary of State Mike Pompeo.”  If you donate $3-5,000 you will receive “2 VIP Tickets to Reception with Secretary of State Mike Pompeo.”  (https://ffpc.regfox.com/2020dinner)
This is an obvious pay-to-play situation and a clear violation of the federal regulations on fundraising activities (5 CFR 2635.808).  The statute lists below an example of a prohibited activity:
A nonprofit organization is sponsoring a golf tournament to raise funds for underprivileged children. The Secretary of the Navy may not enter the tournament with the understanding that the organization intends to attract participants by offering other entrants the opportunity, in exchange for a donation in the form of an entry fee, to spend the day playing 18 holes of golf in a foursome with the Secretary of the Navy. (https://www.law.cornell.edu/cfr/text/5/2635.808)
This is exactly what Secretary Pompeo is doing.  The Florida Family Policy Council is charging thousands of dollars for the opportunity to meet the Secretary of State.  Moreover, the Department and U.S. government – and, by extension, U.S. taxpayers – are paying for the Secretary to fundraise for the FFPC.  The Department will send staff to support his travel and he will fly a government plane to/from the event.  Significant resources will be spent so the Secretary can fundraise and promote the cause of an organization that is very openly hostile to the LGBTQ+ community.  
Not only does Secretary Pompeo’s pay-for-play participation violate statute, it marginalizes State’s LGBTQ+ community and is wholly inconsistent with the remarks of Deputy Secretary Biegun at the virtual panel discussion on U.S. engagement on LGBTQ+ issues:  “We need to lead by example. At the State Department, our management team, led by Under Secretary for Management Brian Bulatao and our Director General Carol Perez, is working hard to recruit, retain, and promote a diverse workforce, and to build a culture of inclusion. We continue to identify ways our workplace can be more inclusive for our LGBTI employees as well as for all of our employees.”  (https://www.state.gov/remarks-at-a-virtual-panel-discussion-on-u-s-engagement-on-lgbti-issues/).”
(Also see https://www.flfamily.org/issues-research/marriage-family/lgbt-issues).

Mike Pompeo Grabs Title as Worst Secretary of State “in History”, “in Modern Times”, “Ever”