New @USUN Ambassador Kelly Craft Enters World Stage, Also Get Ready For #UNGA74

 

On September 12, new USUN Ambassador Kelly Craft presented her credentials to the UN Secretary General. The U.S. Senate confirmed her as US Ambassador to the United Nations in a 56-33 vote on July 31, 2019.  On September 10, she was also confirmed to be Representative of the United States of America to the Sessions of the General Assembly of the United Nations (UNGA) during her tenure of service as Representative of the United States of America to the United Nations in a 56-38 vote.

The 74th session of the General Assembly opens on Tuesday, 17 September 2019. For more information, see the Provisional Agenda of the Session. The first day of the high-level General Debate will be Tuesday, 24 September 2019.

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Pompeo: “you will treat every human being with the dignity and respect …” (except when senior leaders don’t)

 

 

…”[I]t’s an imperative that senior leaders set the culture right on that. That we make sure that every team member, whether they’re a Foreign Service Office, or a Civil Servant, or part of our locally-employed teams in the field, understands that you will treat every human being with the dignity and respect they deserve by the nature of their humanness. And so I’ve said that from the moment I walked in the building on C Street the first day, and I say it in every gathering that I have. We have to do that. The team has to do that. The leadership must lead on that issue, but everyone who comes through here must understand it is one team, one mission.
And the second thing we’ve tried to do is set a professional standard of excellence that isn’t unique to any one group. It’s not unique to Western Hem. It’s not unique to our cyber folks.  It’s not unique to Foreign Service Officers. We did this with something that we’ve called the Ethos that we’ve put forward, which says these are the characteristics of people who will be part of America’s diplomatic corps, the team that is out delivering on behalf of the United States of America. So if you work with USAID, or you work in another part of our organization, this is the standard to which you should aspire. It has both the personal character standard and an organizational set of understandings, and we hope that that will become something that’s foundational and part of the DNA of everyone who works here at the State Department.”

Secretary Mike Pompeo
State Magazine, July 2019

Note: We should note here that USAID (created with the passage of the Foreign Assistance Act of 1961 (pdf) by Congress) is not/not part of the Department of State.  Despite a recent effort to merge USAID into the State Department, it remains an independent agency with its own Senate-confirmed administrator, Mark Green.

BONUS:

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Workplace Horror Award Goes to the IO Bureau, @StateDept Offers Counseling in Uppercase Voice

 

Where do you even start with this bonkers IO report from the State Department Inspector General? Congrats?
Well, then, felicitations and congratulations to the Bureau of International Organization Affairs and its leadership for getting the Workplace Horror Award!
Given the lack of meaningful action from the 7th Floor following this report, perhaps we should borrow Secretary Pompeo’s “Miles With Mike” signoff and send “Keep crushing it!” wishes to everyone, too.
Bear it, and swagger, there’s an Ethos Award at the end of the rainbow.
But really, Secretary Pompeo should stop talking about his professional ethos initiative because, to put it mildly, this report ruins it loudly, particularly the parts about showing “unstinting respect in word and deed for my colleagues and all who serve alongside me” and taking “ownership of and responsibility” of something, something stuff.
As Nero Wolfe would say, “Pfui!”

Short Take: BAD, ALL CAPS

Update at 10:08 am: Added the DOS swagger seal

 State/OIG began this review in July 2018 by examining whether the Bureau of International Organization Affairs (IO) officials had acted improperly toward career officials on the basis of their perceived political or ideological views.
Just reading the report makes us want to drown our sorrows in vats of grapes, wine, rum, etc.,  Don’t worry, we’re allergic to alcohol but if we could, we would. This is painful to read, but can you imagine the people living through this?
Has anyone heard from AFSA?
Read the full report here.  A few excerpts below:

“OIG found evidence of leadership and management deficiencies and mistreatment of career employees in the Bureau of International Organization Affairs (IO). These inappropriate practices included disrespectful and hostile treatment of employees, accusations against and harassment of career employees premised on claims that they were “disloyal” based on their perceived political views, and retaliation associated with conflicts of interest. OIG also found that numerous employees raised concerns about the IO leadership to Department management officials outside of IO and that Department officials counseled IO leadership; however, the Assistant Secretary for IO, Kevin Moley, did not take significant action to respond to such concerns.

During the course of this review, OIG received allegations that two personnel actions were undertaken by IO leadership for improper motives: the removal of the IO Principal Deputy Assistant Secretary (PDAS), a career senior foreign service officer, and the cancellation of the selection process for a career position in the IO Office of Human Rights and Humanitarian Affairs. OIG found evidence that both actions by IO leadership were likely based on non-merit factors and thus violated Department policy.”

Staff Departures Set a Record in Our Books

Approximately 50 of 300 domestic IO employees have departed IO! Darnit, that’s quite a record that will be in our books for quite a while. Well, actually, maybe in our books until we see the next IG report focused on the Secretary’s office. That could be record-breaking, too, in terms of how many people departed the State Department starting at the dawn of Tillerson’s tenure. Alas, we’d also like to know who did what to whom, to the Senate-confirmed DGHR and others, who thought it was a great idea to double the stress and double the fun at the Ops Center, and other stuff… we can wait.

“In 2018, IO had 239 civil service positions and 71 domestic Foreign Service positions. Assistant Secretary Moley began his tenure in IO in April 2018. The IO Bureau also has four Deputy Assistant Secretary positions, one of which is the Principal Deputy Assistant Secretary (PDAS). In April 2018, all Deputy Assistant Secretary positions were held by career employees. During Assistant Secretary Moley’s tenure, three individuals have served as PDAS: the first, whose reassignment is described on page 14 below, served until June 2018; the second served from August to October 2018; and the third has served since November 2018.
[…]
Approximately 50 of 300 domestic IO employees have departed IO since Assistant Secretary Moley took over its leadership, and nearly all of the former employees who OIG interviewed stated that poor leadership of the bureau contributed to their decision to depart.”

 

When the OIG Rings the Fire Alarm and …

Image via Giphy

The OIG report paints in great details the leadership deficiencies and mistreatment of career employees; the disrespectful and hostile treatment of employees; the unmerited accusations of disloyalty and harassment based on perceived political views; retaliation based upon conflicts of interest; and failure of bureau leadership to respond to concerns expressed by employees, and expressed by Department management.

“OIG found significant evidence of systemic deficiencies in leadership and management relating to the treatment of career employees, as well as evidence that non-merit-based considerations played a role in at least two personnel decisions. Several employees raised concerns relating to disrespectful and hostile treatment of staff, inappropriate accusations of disloyalty and harassment of employees based on perceived political views, and retaliation based on conflicts of interest. Furthermore, despite being counseled by Department management regarding some of these issues, IO leadership has not adequately addressed these concerns. Such conduct conflicts with the Department’s leadership principles, which set expectations that its management will strive for a collaborative, respectful, and inclusive workplace. Moreover, these failures of leadership have led to serious morale problems in IO and to the departure of a significant number of career staff. OIG encourages the Department to take action to address these concerns promptly.”

On the two personnel actions undertaken by Assistant Secretary Moley and Ms. Stull, the OIG report notes the following:

“The circumstances of Assistant Secretary Moley’s removal of the PDAS suggests that he undertook a personnel action based on non-merit factors, namely, her articulation of concerns about Ms. Stull’s conduct. In addition, her removal raises questions regarding compliance with the Department’s non-retaliation policy because the concerns that she brought to Assistant Secretary Moley, Under Secretary Shannon, and Deputy Secretary Sullivan could evidence the violation of a law, rule, or regulation.
[…]
Ms. Stull’s instruction to the human resources officials that future vacancies reflect the President’s agenda and beliefs was inappropriate for career positions and reflects an intent to introduce non-merit factors into the IO hiring process. Based on this evidence, Assistant Secretary Moley and Ms. Stull appear to have violated Department prohibitions on using non-merit factors in personnel assignments.

The State Department Passes the Buck ..er Alarm

The OIG made two recommendations to the Under Secretary for Political Affairs: to develop a corrective action plan to address the leadership and management deficiencies within the Bureau of International Organization Affairs and to consider other appropriate action, including disciplinary action. The Department concurred with both recommendations.
Now for the funny part (but don’t laugh).
The State Department told the OIG that “The Department noted that two IO officials are named in the report, but one of them is no longer employed by the Department and therefore not subject to any disciplinary action. The remaining official has already been counseled regarding his leadership, and the Department will consider additional discipline based on OIG’s “assessment” of the response from Assistant Secretary Moley.”
Oh, dahrlings, the State Department wants the IG to do the Department’s job! Looks like the decision on what to do with IO is beyond OIG, or “P” or “M” or “D” but sits on Secretary Pompeo’s desk.
Also how soon before we’re going to start seeing this case  as a comparator in grievance cases? “I only screamed once and I apologized, and two people curtailed from post during my tenure. The proposal to suspend me for three days is not fair given similar cases at the agency. For example, the IG report on IO …” or something like that…

Yes, Your Concerns Are Pointless: True as the Sky is Blue

(and the State Department Offers More Counseling)

Below excerpted from the OIG report:
  • [I]n his interview with OIG, Assistant Secretary Moley was dismissive of the counseling he received from senior Department leaders. He cited other senior government positions he held in the past and expressed his opinion that individuals such as Acting Director General Todd were in no position to give him advice.
  • On June 25, 2018, Deputy Secretary John Sullivan met with Assistant Secretary Moley to discuss the comments and the general atmosphere in IO. According to Deputy Secretary Sullivan, Assistant Secretary Moley responded that IO employees were misinterpreting his and Ms. Stull’s actions and were over-reacting. Also, on June 25, Deputy Secretary Sullivan and then-Legal Adviser Jennifer Newstead counseled Ms. Stull on her treatment of employees.
  • Despite these counseling efforts, multiple witnesses told OIG that the hostile treatment and other conduct described above continued into the fall of 2018, and some of the notable examples described above occurred after Assistant Secretary Moley’s June 2018 meeting with the Deputy Secretary.
  • Several employees told OIG that they approached the Assistant Secretary at various times with concerns about treatment of employees and management of the bureau. These employees consistently reported to OIG that Assistant Secretary Moley reacted negatively when employees brought concerns to him and that, rather than addressing the issue directly, he tended to minimize the concern or place blame on others.
  • Similarly, when individuals raised concerns with Ms. Stull about her treatment of employees, she asserted that she was herself the victim of harassment and informed at least one employee that raising such concerns was pointless because the Trump administration “has my back.”
  • Beginning in late April 2018, a succession of increasingly more senior Department officials shared concerns they had received regarding the leadership and management of IO directly with Assistant Secretary Moley. However, OIG found that Assistant Secretary Moley did not undertake any meaningful efforts to address these concerns. Furthermore, in the course of this review, OIG continued to receive accounts of the same type of conduct against which the Assistant Secretary had been counseled, such as hostile treatment of employees, allegations of disloyalty, and conflicts of interest.
  • Then-Under Secretary for Political Affairs Thomas Shannon met with Assistant Secretary Moley to discuss concerns about management of the bureau that Under Secretary Shannon had heard from several IO employees. Under Secretary Shannon told OIG that he reminded Assistant Secretary Moley that his first responsibility is to the Secretary and that he put himself at risk by not exercising leadership and granting Ms. Stull an “unprecedented level of independence” to manage the bureau, especially during the critical period before UNGA. Under Secretary Shannon advised against managing the bureau by intimidating staff and questioning their loyalties.
  • On June 13, 2018, Acting Under Secretary Mull contacted Assistant Secretary Moley and recounted these concerns, including an email exchange that the Assistant Secretary had with a junior desk officer,30 the reported imminent departure of several members of IO’s senior staff, and general reports that he was “targeting” career civil service and Foreign Service officers. Acting Under Secretary Mull advised Assistant Secretary Moley that such reports were “embarrassing” to the Secretary and ran counter to his priority of lifting morale and forging a better sense of teamwork. Acting Under Secretary Mull directed him to take several steps [snip].

Quick Test: Compare and Contrast

Via Imgur

We should note that former S/P Kiron Skinner who was reportedly fired for her “abusive” management style did not oversee close to 300 people but a couple dozens (see @StateDept Policy Planning’s Kiron Skinner Reportedly Out Over “Abusive” Management Style).  Not to minimized the issues at S/P where some staffers reportedly left and five more threatened to quit according to Politico, that’s still less than the approximately 50 departures  cited by OIG from the IO bureau.  Good grief!
Yes, we are pointing out that the State Department is inviting criticism of contrasting treatment between these two offices: one managed by an African-American woman who was reportedly fired amidst allegations of bad management (but no IG investigation), and another managed by a white American male who was given repeated counseling amidst allegations of bad management and mass staff departures (despite an IG investigation). Any “unusually candid” official out there willing to explain this, we’re all ears.

 

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State/OIG and OSC Reportedly Looking Into Political Reprisals @StateDept

Via FP:

The U.S. State Department’s Office of the Inspector General has widened an investigation into alleged political retaliation by Trump administration officials against America’s diplomatic corps. It is probing claims that a political appointee in the Bureau of International Organization Affairs has taken action against career officials deemed insufficiently loyal to President Donald Trump, according to at least 10 current and former State Department officials.

The Office of Special Counsel, an independent watchdog that oversees the federal government, is also investigating whether Trump’s political appointees—including Mari Stull, the aforementioned senior advisor in the international organization bureau—are carrying out political reprisals against career officials, according to two State Department officials familiar with the matter. The inspector general is also investigating allegations that Stull hurled homophobic slurs at a State Department staffer.

“The inspector general is looking into an allegation that Stull blocked the promotion of one career official to a top human rights post because the official had previously been involved in overseeing humanitarian assistance to Palestinian refugees. The nominee had the backing of the department’s top career officials. But when Stull caught wind of the pending promotion, she convened a meeting with Moley and accused the candidate of having sympathy for Palestinian terrorists. Moley froze the appointment.”

We’ve been away; has AFSA said anything about this? Also if these allegations were true (we should note that allegations of political reprisals and loyalty questions are not limited to IO), we gotta ask – what kind of leadership is there in Foggy Bottom that considers this acceptable behavior? You and I, and all of IO, and Foggy Bottom are looking forward to the results of these investigations. Perhaps, it would also be useful for the oversight committees to look into the turn over and curtailments of career employees specific to IO.

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Confirmations: Trujillo, Pence, Prado, Traina, Moley, Royce, and More

Posted: 12:04 am  ET

 

Late on March 22, the U.S. Senate confirmed the following executive nominations for the State Department, the Peace Corps, and a few other reps for international banks:

Exec. Cal. #616 Carlos Trujillo, of Florida, to be Permanent Representative of the United States of America to the Organization of American States
Exec. Cal. #752 – Robert Frank Pence, of Virginia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Finland
Exec. Cal. #753 – Edward Charles Prado, of Texas, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Argentine Republic
Exec. Cal. #754 – Trevor D. Traina, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Austria
Exec. Cal. #759 – Kevin Edward Moley, of Arizona, to be an Assistant Secretary of State (International Organization Affairs)

Exec. Cal. #761 – Marie Royce, of California, to be an Assistant Secretary of State (Educational and Cultural Affairs)

Also confirmed:

PEACE CORPS
Exec. Cal. #760 – Josephine Olsen, of Maryland, to be Director of the Peace Corps

EUROPEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT

Exec. Cal. #330 Steven T. Mnuchin – to be United States Governor of the European Bank for Reconstruction and Development, United States Governor of the African Development Fund, and United States Governor of the Asian Development Bank.

Exec. Cal. #756 – Judy Lynn Shelton, of Virginia, to be United States Director of the European Bank for Reconstruction and Development

INTERNATIONAL MONETARY FUND

Exec. Cal. #331 Steven T. Mnuchin – to be United States Governor of the International Monetary Fund, United States Governor of the African Development Bank, United States Governor of the Inter-American Development Bank, and United States Governor of the International Bank for Reconstruction and Development for a term of five years.

INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT

Exec. Cal. #755 – Erik Bethel, of Florida, to be United States Alternate Executive Director of the International Bank for Reconstruction and Development for a term of two years

The nominee to be U.S. Ambassador to Germany is still stuck in confirmation purgatory:

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Ex-Ambassador Kevin Moley to be Asst Secretary for International Organization Affairs (IO)

Posted: 12:05  am ET

 

On January 3, the White House announced the President’s intent to nominate Kevin Moley, a former Bush-appointed ambassador to be the next Assistant Secretary of State for International Organizational Affairs (State/IO). Ambassador Moley was previously Ambassador to the U.S. Mission to the United Nations in Geneva, and in that in capacity, he appears on FOIA’ed materials available in ACLU’s public repository of documents relating to the Bush administration’s policies on rendition, detention, and interrogation.” Also see the op-ed he wrote in 2003 on the Guantánamo detainees. Prior to his appointment to USUN/Geneva, he was Senior Advisor to Dick Cheney for the Bush-Cheney 2000 Presidential Campaign.

The WH released the following brief bio:

Kevin Edward Moley of Virginia, to be an Assistant Secretary of State (International Organizational Affairs).  Mr.  Moley, a prominent businessman, Federal Government official and former Ambassador, was a private investor in Scottsdale, Arizona, and Williamsburg, Virginia, from 2006-present and 1998-2001.  From 2001-2006 he was Representative of the United States to the Office of the United Nations and Other International Organizations in Geneva, Switzerland, with the rank of Ambassador.  Previously, he was a senior executive in the health care industry and served the Federal Government as Deputy Secretary, Department of Health and Human Services (1992-1993), Assistant Secretary for Management and Budget, Department of Health and Human Services (1989-1992), and in senior positions in the Health Care Financing Administration (1984-1988).  He played key leadership roles in the Reagan-Bush, Bush-Quayle, and Bush-Cheney Presidential campaigns.  From 1965-1971, Mr. Moley served honorably in the Marine Corps as a Sgt. (E-5), receiving a Purple Heart and a Navy Commendation Medal w/Combat V (Valor).  He has served as Chairman of the Board of Project Concern International, a San Diego based NGO (2007-2015), and on Federal Government commissions, such as Vice Chairman of the President’s Council on Management Improvement (1989-1991).

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More Departures: John Heffern (EUR), Tracey Ann Jacobson (IO), Bill Brownfield (INL)

Posted: 4:16 am  ET
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Last week, FP reported that Tracey Ann Jacobson, 52, a career foreign service officer who served as Acting Assistant Secretary of the Bureau for International Organization Affairs (IO), announced her plans to take early retirement to her staff.  The current Assistant Secretary of State of International Narcotics and Law Enforcement Affairs William R. Brownfield who was appointed to post in January 10, 2011, reportedly also told his bureau that he would step down by the end of September.  Just a few weeks ago, Ambassador Brownfirled was still rumored as in the running for the WHA post. The two departures in addition to the Acting Assistant Secretary of the European Affairs Ambassador John Heffern who also stepped down from post before the confirmation of the EUR nominee.

With the exception of EUR, no nominees have been announced for IO or INL, which means, the musical chairs will continue in Foggy Bottom. In the case of Ambassador Heffern, he is stepping down prior to the confirmation of the EUR nominee Wess Mitchell (2017-07-25 PN816 Department of State | A. Wess Mitchell, of Virginia, to be an Assistant Secretary of State (European and Eurasian Affairs)).  Presumably, the nominee will be confirmed but we won’t really know until it happens or when. As of this writing, Mr. Mitchell’s nomination is pending in the SFRC and no hearing schedule has been announced.  This has now become a trend in Foggy Bottom — acting assistant secretaries replaced with other acting assistant secretaries absent the nomination of actual nominees. Which doesn’t make sense, folks adjusting to these new bosses who will be gone when later new bosses will be appointed to take their places.

It could always get worse, of course. Maybe you’ll show up for work on Monday reporting to a two-eyed new boss, and by Friday, you get a three-eyed new boss.

We don’t know who will be in acting capacities for IO and INL but we were informed that Ambassador Elisabeth I. Millard, a career diplomat who was sworn in as the United States Ambassador to Tajikistan on December 14, 2015 is coming in a Principal Deputy Assistant Secretary of State (PDAS) and presumably will be acting EUR pending the Mitchell confirmation.  Under normal times, she would be on a typical 3-year tour so she would not be expected to rotate out of Tajikistan until next year. But these are abnormal times.  Abnormal times in more ways than one. Would anyone actually be surprised if it turns out that a top official is pushed out in all likelihood because of a tweet?

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Deputy USTR Ambassador Michael Punke’s The Revenant: Now a Movie With Leonardo DiCaprio

Posted: 1:08 am EDT
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Michael Punke serves as Deputy United States Trade Representative and U.S. Ambassador and Permanent Representative to the World Trade Organization (WTO) in Geneva, Switzerland.  He is the author of The Revenant: A Novel of Revenge, now a movie with Leonardo DiCaprio, Fire and Brimstone: The North Butte Mining Disaster of 1917, and Last Stand: George Bird Grinnell, the Battle to Save the Buffalo, and the Birth of the New West.

Below is his USTR bio:

Michael Punke has worked in the field of international trade law and policy for two decades. From 1995 to 1996, Punke served as Senior Policy Advisor at the Office of the United States Trade Representative. There, he advised the USTR on issues ranging from agricultural trade to intellectual property protection.

From 1993 to 1995, Punke served at the White House as Director for International Economic Affairs with a joint appointment to the National Security Council and the National Economic Council. His responsibilities included assisting in the management of the interagency process. From 1991 to 1992, Punke was International Trade Counsel to Senator Max Baucus, then Chairman of the Finance Committee’s International Trade Subcommittee. Punke has also worked on international trade issues from the private sector, including as a partner at the Washington, D.C., office of Mayer, Brown, Rowe, & Maw. From 2003 to 2009, Punke consulted on public policy issues out of Missoula, Montana.

Punke has also worked as an adjunct professor at the University of Montana and as a writer, authoring a novel, two books of nonfiction, and two screenplays. Punke is a graduate of George Washington University and Cornell Law School, where he was elected Editor-in-Chief of the Cornell International Law Journal.

The Revenant | Official Teaser Trailer: Inspired by true events, THE REVENANT is an immersive and visceral cinematic experience capturing one man’s epic adventure of survival and the extraordinary power of the human spirit. In an expedition of the uncharted American wilderness, legendary explorer Hugh Glass (Leonardo DiCaprio) is brutally attacked by a bear and left for dead by members  of his own hunting team. In a quest to survive, Glass endures unimaginable grief as well as the betrayal of his confidant John Fitzgerald (Tom Hardy). Guided by sheer will and the love of his family, Glass must navigate a vicious winter in a relentless pursuit to live and find redemption. THE REVENANT is directed and co-written by renowned filmmaker, Academy Award® winner Alejandro G. Iñárritu (Birdman, Babel) via . Read more about the development of the movie from unpublished manuscript to film here.

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How many people should be put through a wringer before, oh you know ….

Posted: 3:48 am EDT
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We’ve previously blogged about Foreign Service assignments to international organizations. FSOs who take up assignments in some of these organizations are excluded from promotion consideration in the Foreign Service (see Secondments to international organizations and promotions? Here comes the boo!).

We’ve been able to locate the FSGB case here (PDF), and the appeal case here (PDF).

Grievant filed his initial grievance with the Department on August 7, 2012,1 claiming that he was improperly excluded from promotion consideration by the 2008-2012 Selection Boards, during which time he was encumbering a position at the REDACTED. His assignment to REDACTED was effected by separation/transfer (“secondment,” according to Department usage) in the spring of 2007, and he exercised re-employment rights to return to agency rolls in 2012. Grievant claimed he believed he would remain eligible for promotion consideration during the REDACTED assignment, based on information contained in the Information Sheet that accompanied his Separation Agreement and on alleged assurances he received from Department Human Resources (HR) personnel. He claimed that shortly after he took the REDACTED assignment, he became aware that the Promotion Precepts exclude from review employees who have been separated/transferred to international organizations. Nonetheless, he claimed that the official notification of his assignment (SF-50 Personnel Action) assigned him to a status (the Multinational Force and Observers in the Sinai (MFO)) that specifically permits officers so assigned to remain eligible for promotion  consideration. He argued that instead of using the separation/transfer mechanism, the Department should have detailed him to REDACTED leaving him on Department rolls and eligible for promotion consideration during the assignment. Grievant argued that Department errors in documentation of his assignment, and its different explanations of its own regulations, amount to bad faith on the part of the Department.

The Department acknowledged inaccuracies in the original Department documentation and in its decision on grievant’s appeal, in which it claimed that grievant’s separation/transfer instead of a detail was “standard protocol” for cases such as grievant’s. […] Notwithstanding the inaccuracies in documentation, the Department argued that separating/transferring grievant to the was not a clear violation of agency policy in effect at the time, and there was no impediment to taking that action.[…] The agency argued, therefore, that its actions were not contrary to law, regulation or collective bargaining agreement, and that neither the SF-50 errors, nor the errors contained in the Information Sheet, alter grievant’s status. Finally, the agency claimed it is an established fact that grievant did not serve in the Sinai in the MFO, and he is not entitled to benefits afforded to officers who serve there.

The FSGB ruled that “Regardless of the reason(s) why an “incorrect” SF-50 was issued in the first place, the preponderance of the evidence supports the conclusion that the only SF-50 in the record was issued containing several errors, not the least of which is that grievant was assigned to the MFO in the Sinai – where we know he did not serve. We fail to see the manifest injustice based on grievant’s arguments in this respect that would constitute grounds for reconsideration of our March 19, 2014, decision.”

We understand that this grievant was actually assigned to OSCE but his SF-50 says he was assigned to MFO. No, the grievant did not prepare his own SF-50, silly :-).  Wondering why the SF-50 says MFO, and was never corrected. Was it intended as a work-around? If not, why was it never corrected the entire time the FSO was on assignment at an organization that was obviously not the MFO in the Sinai?

Standard Form 50, is the official form the government uses to calculate your retirement. Your SF-50s determine your retirement eligibility, your federal pension, and in this case, it also impacts promotion eligibility.

In any case, this is an expanding case not just in the Foreign Service Grievance Board (FSGB), but also with the  Office of Special Counsel and now in federal court.

The individual would not discuss his ongoing court case but here is what we got:

“I decided to raise this issue with the new AFSA Board, which came into office with much fanfare as the “Strong Diplomacy” slate. After more than a month of non-response, I finally received the following this morning from an AFSA Board member:

“With limited resources, AFSA is unable to pursue each and every dispute with management and must focus on those issues that have the greatest impact on our membership and most benefit the Foreign Service as a whole. I understand you have already pursued this issue with private counsel through the grievance process. Given other competing priorities, this is not an issue AFSA is going to pursue with management.”

In other words, although AFSA is aware of an ongoing and systematic violation of federal law on the part of Department management, it is choosing not to pursue the issue with management due to more pressing priorities, thus leaving dues-paying members to fend for themselves in the courts, at their own expense.”

It’s worth noting that the promotion precepts are negotiated and agreed annually between the State Department and AFSA. We’re not sure what to make of this. If an employee is not able to rely on its union for disputes like this, who can he/she rely on? Is there a threshold on how many people should be put through the wringer before AFSA takes it up with management?

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