Snapshot: Top Five Bureaus & Posts With the Highest Number of Sexual Harassment Complaints (2014-2017)

Via State/OIG:

Related post:
State/OIG Releases Long-Awaited Report on @StateDept Handling of Sexual Harassment Reports

 

 

 

Pompeo’s @StateDept Office – Oh, My! Warning Red in All Categories #BestPlacestoWorkNot

 

The Project On Government Oversight (POGO) recently published a report looking into the firing of former State OIG Steve Linick (see Watchdog Firing Came Amid Probe of Trump’s Friend, the U.S. Ambassador in London). Excerpt below:

In Senate testimony on July 30, Pompeo gave a new reason for the firing, claiming there was dismal employee morale in the inspector general’s office under Linick’s watch. Of “38 assistant secretary level bureaus,” Pompeo said, “the IG’s office was the worst survey results of any of those 38.”

But an examination of the data shows a strikingly different picture.

The department’s Office of Inspector General in fact had the third-highest engagement score of any State subcomponent in 2019, according to the nonprofit Partnership for Public Service’s analysis of Federal Employee Viewpoint Survey data from 2019, the most recent publicly available.

Instead, it was Pompeo’s office—the Office of Secretary of State—that had the lowest employee engagement score of any State Department subcomponent in the “Best Places to Work in the Federal Government” list. Indeed, it ranked near the bottom government-wide, 404th out of 420 federal subcomponents.

So we went and took a look. Within State Department sub-components, the top three highest engagement scores per Partnership for Public Service:

Within State Department sub-components, the three bottom ranked offices with the lowest engagements scores per Partnership for Public Service:
The data includes a total of 24 State Department subcomponents out of 420. Click on the screen caps below to see a larger view. Don’t skip the categories. Click here to see the original data from the Partnership for Public Service.
How soon before the State Department releases its own survey to show that the Office of the Secretary has the best survey results?

Foreign Service Institute Rolls Out Pompeo’s Pursuit – A ‘One Team’ Four-Day Pilot Course For “Everyone”

Last week, Secretary Pompeo announced to agency employees that the Foreign Service Institute has launched its very first “One Team” pilot course.  Apparently, this new course is a four-day pilot  and “builds upon the ideas” expressed in the recently rolled out Professional Ethos. The purpose is  “to unite new employees around the “One Team, One Mission, One Future” vision and the unique history of the Department.”
The “One Team” course will reportedly supplement existing training to provide a common experience for new employees. According to Secretary Pompeo, “For the first time, Foreign Service, Civil Service, Limited Non-Career Appointments, and political appointees will all learn side-by-side. Everyone will grow as one team together”.

In developing the One Team course, we drew heavily from your thoughts on what new Department employees should know and understand about the Department, especially the importance of working together. As a result, the course will:

    • Explore the guiding principles of the Department, including our Professional Ethos;
    • Help employees connect their efforts and that of their colleagues to the Department’s mission;
    • Analyze how the Department’s work connects to the National Security Strategy, and the Department’s other strategic planning mechanisms;
    • Examine the meaning of the Oath of Office;
    • Investigate how the Department’s work directly benefits the American public; and
    • Inform our team about key accomplishments and personnel in the Department’s history that spans more than 230 years.
Supposedly, this course is “light on lectures” but full of “hands-on” engagement with the goal of “helping participants see how they each contribute” to the collective success as an organization.
There are reportedly 85 employees currently enrolled in the pilot course at FSI.  They are expected to provide feedback so the course can be “refined” for “several more trial runs this fall and in early 2020.”
Secretary Pompeo also told State Department employees that the goal is “to finalize the course and begin ramping it up next year to accommodate the roughly 1,600-1,800 new employees that the Department onboards every year.” He also said that “This critical investment will ensure that each one of our future colleagues is best prepared to join our efforts as champions of American diplomacy.”
We can’t tell right now how expensive is this project. Presumably, not as expensive as Rex Tillerson’s redesign project but one never know.  If you’re taking the course, we’re looking forward to hearing your assessment of the course, as well as assessment of the identified learning goals. Is this effective indoctrination, or a waste of dime and time? Are students in a bubble wrap or are they allowed to question the misalignment of stated values and actual practice we can see with our very stable faculties every day? Are trainers able to reconcile the gap between the stated professional ethos and reality? Is the State Department making this course mandatory for the leadership  at the Bureau of International Organizations, for starters or as refreshers?
There is also one glaring omission in the target audience for this course – the largest employee group in the State Department: not Foreign Service, not Civil Service, not Limited Non-Career Appointments, and not political appointees but it’s local employees, spanning over 275 posts, and totaling more than all other employee groups combined.  They do not appear to be included in this training “to unite new employees around the “One Team, One Mission, One Future” vision and the unique history of the Department.” These folks, almost all foreign nationals, often touted as the backbone of the State Department’s overseas presence, do not need to be champions of American diplomacy, do they?
Nothing shouts “One Team” louder than excluding local employees from this supposedly common, and unifying experience for new employees. This “One Team” training is in person right now, we can’t imagine State expending dollars to bring in LE employees from overseas to Washington, D.C. Although, one can make the case that if this is as important as they say it is, then doesn’t it make sense that all employees in the organization are trained and imbued with its specific point of view, and guiding principles? Are they considering an online course? web-based courses?
In any case, when the secretary says that this will help “everyone to grow as one team together”, everyone doesn’t really mean everyone, just all direct-hire American employees. But don’t fret, the $10,000 “One Team” Award is available for uh … Everyone. Even contractors. Oops, uh wait, what’s that?

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EEOC Damages Increased in Two @StateDept Cases

Via The Digest of Equal Employment Opportunity Law | Volume 1Fiscal Year 2019

Commission Increased Award of Compensatory Damages to $50,000. The Commission previously determined that Complainant was discriminated against when the Agency failed to grant him a medical clearance based on its “worldwide availability” requirement. Following a supplemental investigation, the Agency awarded Complainant $5,000 in non-pecuniary compensatory damages noting that Complainant did not provide any medical evidence to support his claim. The Commission increased the award to $50,000 on appeal. Complainant stated that he became despondent, depressed, and reclusive because of the Agency’s discriminatory actions. Complainant experienced sleeplessness, crying spells, weight loss, anger, and humiliation. Complainant’s husband and friends submitted statements supporting his claim. The Commission determined that an award of $50,000 in nonpecuniary compensatory damages was more appropriate given the nature, severity and duration of the distress Complainant experienced as a direct result of the discrimination. Harvey D. v. Dep’t of State, EEOC Appeal No. 0120171079 (Aug. 23, 2018).

Commission Increased Award of Non-Pecuniary Damages to $50,000. The Commission previously found that Complainant was subjected to sexual harassment by her supervisor and ordered the Agency, among other things, to investigate Complainant’s claim for damages. The Agency awarded Complainant $20,000 in non-pecuniary damages, and the Commission increased the award to $50,000 on appeal. The Commission noted that, more likely than not, the sexual harassment was not the only factor that caused Complainant’s depression and anxiety. Complainant’s brother was executed in the Middle East, and Complainant also noted that her co-workers questioned her reputation because of the way she dressed. Nevertheless, the Commission found that the sexual harassment was a significant reason for the ridicule Complainant experienced, as well as her depression, poor self-esteem, irritability, anger, difficulty sleeping, exhaustion, weight gain, and thoughts of suicide. The Commission noted that, seven months after the harassment ceased Complainant was able to form a romantic relationship, and she continued working at the Agency. Considering all of these factors, the Commission concluded that Complainant was entitled to an award of $50,000 in non-pecuniary damages. The Commission concurred with the Agency that Complainant failed to prove her claim for pecuniary damages. Blanca B. v. Dep’t of State, EEOC Appeal No. 0120171031 (Aug. 16, 2018).

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Pompeo Appoints Amb. Dan Smith as New Director of the Foreign Service Institute

 

On October 23, Secretary Pompeo appointed Career Ambassador Daniel Smith as the new Director of the Foreign Service Institute. He was recently the Assistant Secretary of State for Intelligence and Research (INR). This past summer, he was one of four career diplomats nominated by Trump and subsequently confirmed by the U.S. Senate for the personal rank of Career Ambassador. This FSI appointment does not require a Senate confirmation.

In the waning days of Tillerson’s Redesign Project, Ambassador Smith was also assigned as the lead of the “Impact Initiative.” He was widely rumored as the next Director General of the Foreign Service but in late July, 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.

Below is a brief bio of Ambassador Smith (via state.gov):

Daniel B. Smith was appointed as Director of the Foreign Service Institute on October 23, 2018. In this capacity, he serves as the Chief Learning Officer for the Department of State and the federal foreign affairs community.

A member of the Senior Foreign Service, Ambassador Smith holds the Department’s highest diplomatic rank of Career Ambassador. Ambassador Smith served most recently as Assistant Secretary of State for Intelligence and Research from 2013 to 2018 and as Ambassador to the Hellenic Republic from 2010 to 2013. Previously, he served as Executive Secretary of the State Department, Principal Deputy Assistant Secretary for Consular Affairs, and Deputy Executive Secretary. In addition to Greece, his overseas service includes tours in Bern, Istanbul, Ottawa, and Stockholm. He also taught Political Science at the U.S. Air Force Academy.

Ambassador Smith is a recipient of the Arnold L. Raphel Memorial Award, the Secretary’s Distinguished Service Award, a Presidential Distinguished Service Award, and several Superior and Meritorious Honor Awards.

Ambassador Smith received his Ph.D. and M.A. from Stanford University, and his B.A. from the University of Colorado at Boulder. His foreign languages are German, Turkish, and Swedish.

As of this writing, the highest ranking officers of the Foreign Service with the exception of David Hale (P) are out of Foggy Bottom (Goldberg in Cuba, Sison in Haiti, and Smith at FSI). With one of only four Foreign Service’s equivalent to a four-star general heading to FSI, one wonders if Pompeo is out to elevate FSI and training to the same level as the U.S. Army Training and Doctrine Command (TRADOC) headed by  Army four-star Gen Stephen J. Townsend. If yes, that’s great. If not, then not so great because you know what that means.

For now, nothing in Ambassador’s Smith’s blogpost Up To the Task of Preparing Our Foreign Affairs Professionals indicate forthcoming changes in Foreign Service training.

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Ex-State/FSI Employee Gets 26 Years in Prison for Child Pornography Production

Last July, we blogged briefly about State/FSI’s digital media administrator who pleaded guilty of child pornography production. On Friday, USDOJ announced that  Skydance MacMahon, 45, was sentenced to 26 years in prison for production of child pornography. Excerpt below:

Former State Department Employee Sentenced for Producing Child Pornography

An Alexandria man was sentenced today to 26 years in prison for production of child pornography.

According to court documents, over at least a two year period, Skydance MacMahon, 45, 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 as well as overt recording. 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.

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.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorneys’ Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

This is a case that originated in Ohio when local police interviewed of an individual who admitted to sexually assaulting a five year old minor victim and producing pornographic images. That individual’s phone led to Dropbox links, which then led to a State Department IP address. The Affidavit executed in support of this criminal case notes that MacMahon, a GS-14 employee also used his USG-issued Iphone7 in the conduct of this crime. Excerpt below from the FBI agent’s affidavit:

9. The reponse from Dropbox included, in part, information pertaining to the kvlesil007@protonmail.com User ID: 663651981. This paid account was created on April 15, 2017. A usemame of “Kyle Silvyr” was provided by the registrant. A recurring payment of 99.99 was established using a Mastercard Debit card (521992XXXXXX0894). Multiple IP addresses used for authentification were also provided (IP address 2601:140:8000:61af:2d75:7fef:f243:6dfd on 08/09/2017 at 13:18:19 GMT; IP address 12.28.184.116 on 09/14/2017 at 18:24:55 GMT).

10. An open source search identified IP address 12.28.184.116 as being associated with the US Department of State , 4020 Arlington Blvd, Arlington VA.

13. Database queries identified J.M. as an individual associated with the Menokin Drive, Alexandria, VA address. An open source search located a social networking profile associated with J.M. that contains publicly viewable images of the account holder who visually matches the likeness of J.M.’s Virginia driver’s license photograph. Additional publicly viewable photographs on J.M.’s Facebook profile include those of a Caucasian male identified as “SKYDANCE MACMAHON”. SKYDANCE MACMAHON visually matches the individual appearing in the two (2) non-pornographic images in the material in the kvlesil007@protonmail.com User ID 663651981 Dropbox.com account.

15. An open source search identified a Linkedln.com profile for SKYDANCE MACMAHON who self-identified as a Digital Media Administrator at the Foreign Services Institute (which is associated with the Department of State) in Arlington, VA, and a 1995 graduate of James Madison University. Database queries fully identified SKYDANCE MACMAHON. SKYDANCE MACMAHON’s Virginia driver’s license photograph visually matches the likeness of the male depicted in the images contained in the kvlesil007@Drotonmail.com User ID 663651981 Dropbox.com account and the SKYDANCE MACMAHON Facebook account.

16. On March 16,2018, an administrative subpoena to Kik for usemame kylesilOOT yielded a confirmed email address associated with the account as kvlesil007@protonmail.com. Review of the IP logs provided by Kik yielded a mixture of the IP address (12.28.184.116) resolving to the Department of State facility, Verizon Wireless IP addresses, and a Comcast Communications IP address (73.87.155.249) which resolves to the same address in the 2400 block of Menokin Drive, Alexandria VA 22302, as recently as of March 15, 2018. The Menokin address is the address of J.M., who investigation has revealed is an associate and girlfnend of SKYDANCE MACMAHON.

19. On March 15, 2018, Department of State, Office of Inspector General (OIG) was contacted regarding the employment of SKYDANCE MACMAHON. OIG confirmed SKYDANCE MACMAHON was currently employed as a Federal Grade 14 employee at the US State Department, as a Digital Media Administrator at the Foreign Services Institute in Arlington, VA.

22. SKYDANCE MACMAHON advised that minutes prior to the investigators arriving at his work, he received a telephone call from his wife telling him the FBI/police were at their daughter’s school and they asked that she come over the to the school to talk. Upon hanging up the phone with his wife, SKYDANCE MACMAHON deleted items off of his Iphone 7 cellular telephone, such as the applications “kik”, “Wire”, “Dropbox”, “Box” and inappropriate photographs that consisted of child pornography. SKYDANCE MACMAHON’s Iphone 7 was his Department of State issued cellular telephone that he used to communicate with K.C., and other individuals using apps such as Kik and Dropbox.

The case is USA v. Macmahon; Case Number: 1:18-mj-00218-IDD. Warning, abhorrent and horrifying details.

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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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@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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Burn Bag: Does @StateDept Really Care About Leadership Training?

Via Burn Bag:

FSI runs Intermediate Leadership Training all year, with a new section starting more or less every other week. That means there are slots for about 350-400 participants a year. There are currently 3,400 FS-02 FSOs alone – and significantly more civil service officers eligible for the course. This makes it nearly impossible to get into training. Despite the fact that promoted officers cannot be paid at their new rate of pay until they have completed mandatory leadership training, it is difficult to convince supervisors to provide time off and travel budget resources to complete leadership training during an overseas tour, and most FSOs are left to fight for the training during a PCS. Concerns about delaying the training are often met with eye rolls and tossed-off platitudes about how promotions are slowing and it will be “so long” before the officer is actually up for promotion that there’s no need to expend resources. But the transition season sections are the first to fill. Right now, every scheduled Intermediate Leadership section is full, and, according to the FSI registrar, every section has a long waitlist. At this point, it would take more than 10 years to get every 02 officer through training the Department mandates.

Those of us trying to find a way to get required training in time to avoid losing salary money wonder if anyone in the Department is even cognizant of the problem — let alone seeking a solution. If the Department is unable to provide mandatory training, HR should either suspend the requirement or take steps to expand training availability.

Via reactiongifs.com

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Tillerson Delivers Remarks at the Redesign Leadership Gathering #AllTheHappyPeople

Posted: 1:20 pm PT

 

Via state.gov

Secretary Tillerson was over at the Foreign Service Institute on November 29 and apparently delivered the opening remarks at the Redesign Leadership Gathering.  We don’t know what he said over there since the Bureau of Public Affairs has not seen it fit to post the transcript of his official remarks online.

Secretary Tillerson Delivers Opening Remarks at the Redesign Leadership Gathering | U.S. Secretary of State Rex Tillerson delivered opening remarks at the Redesign Leadership Gathering at the Foreign Service Institute in Arlington, Virginia on November 29, 2017. [State Department Photo/ Public Domain]

 [for full visual effect, click on image above or here for a larger view]

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