White House Sends @StateDept Renominations to the Senate

Posted: 3:15 am ET
 

 

On January 2, we blogged about the Senate requiring the renominations of State Department nominees stalled in 2017 (see Senate Requires the Renomination of @StateDept Nominees Stalled in 2017). On January 8, the White House sent the following State Department nominations back to the Senate:

AMBASSADORS

James Randolph Evans, of Georgia, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to Luxembourg.

Richard Grenell, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Federal Republic of Germany.

Doug Manchester, of California, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Commonwealth of The Bahamas.

Kathleen Troia McFarland, of New York, to be Ambassador Extraordinary and Plenipotentiary of the United States of America to the Republic of Singapore.  

STATE DEPARTMENT

Eric M. Ueland, of Oregon, to be an Under Secretary of State (Management), vice Patrick Francis Kennedy.

Stephen Akard, of Indiana, to be Director General of the Foreign Service, vice Arnold A. Chacon, resigned.

Samuel Dale Brownback, of Kansas, to be Ambassador at Large for International Religious Freedom, vice David Nathan Saperstein.

Susan A. Thornton, of Maine, a Career Member of the Senior Foreign Service, Class of Minister-Counselor, to be an Assistant Secretary of State (East Asian and Pacific Affairs), vice Daniel R. Russel.

Yleem D. S. Poblete, of Virginia, to be an Assistant Secretary of State (Verification and Compliance), vice Frank A. Rose.  

It looks like everyone caught in limbo in the Senate in 2017 have been renominated except for one.  We have not been able to locate the renomination of Jay Patrick Murray who was nominated Alternate Representative for UNGA. Unless that renomination shows up at a later time …  that nomination is probably dead.

2018-01-03 PN410 Department of State | Jay Patrick Murray, of Virginia, to be an Alternate Representative of the United States of America to the Sessions of the General Assembly of the United Nations, during his tenure of service as Alternate Representative of the United States of America for Special Political Affairs in the United Nations. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

2018-01-03 PN409 Department of State | Jay Patrick Murray, of Virginia, to be Alternate Representative of the United States of America for Special Political Affairs in the United Nations, with the rank of Ambassador. Returned to the President under the provisions of Senate Rule XXXI, paragraph 6 of the Standing Rules of the Senate.

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Ten Ex-Directors General Call on the SFRC to Oppose Stephen Akard’s Confirmation

Posted: 2:30 pm PT

 

We previously blogged about the nomination of Stephen Akard as Director General of the Foreign Service and personnel chief of the State Department.

To-date, we have not heard from AFSA, the professional association and labor union of the United States Foreign Service, or its position on this nomination that has roiled the career service.

On December 8, ten former Directors General publicly opposed the confirmation of Mr. Akard as Director General. They have sent individual letters to each member of the Senate Foreign Relations Committee and call on the Senators not to confirm the nominee. We are publishing the text and the names of the signatories below:

We, the undersigned, served as Director General of the Foreign Service and Director of Human Resources at the Department of State and all of us had previous service as ambassadors before assuming that position. Our service as Directors General spans over a quarter century. 

We write today to urge you to vote against the nomination of Stephen Akard for the Director General position. In doing so, we are not questioning the right of the President to nominate a person of his choosing to this position nor do we question the legality of the nomination. We have no personal animus toward Mr. Akard and believe that Mr. Akard might well be suitable for other senior positions in the State Department. Rather, we write out of deep concern that he is not qualified for the enormous responsibilities of this position.

The Director General is at the apex of the Department’s personnel system, responsible for maintaining the professionalism of employees to whom we entrust the security and well-being of the United States in the global environment. The DG provides oversight and guidance as Chair of the Board of the Foreign Service to the entire Foreign Affairs community. He or she must be conversant with the vast array of laws and procedures that serve as a basis for the personnel system. For that reason, the Foreign Service Act stipulated that the incumbent had to come from the professional Foreign Service.

While the nominee meets the definition of the law, Mr. Akard does not have the experience, hence the knowledge, required to perform in this position. We honor the nominee’s eight years in the Foreign Service at the entry and lower midlevel ranks of the Service. However, service at that level gives the person no experience at the level of senior management where critical decisions are made. The Director General fulfills a position equivalent to a military Service Chief. This nomination would be like nominating a former, out of the army, captain to replace the four-star Chief of Staff of the Army.

Service in senior positions and first-hand experience become critical when the Director General is called upon to advise ambassadors, undersecretaries and assistant secretaries on personnel matters. While staff can advise on the rules it is up to the Director General to advise on exceptions. This is precisely the kind of judgment for which the nominee lacks the relevant background.

In addition, personnel in the Department of State include Civil Service and locally employed staff as well as Foreign Service. Civil Service employees work under a different system than Foreign Service while performing critical functions in support of the conduct of U.S. foreign policy. Locally employed staff have yet different rules. The nominee has no relevant experience managing multiple personnel systems.

A significantly important attribute for successful service as Director General is the regard that employees have for the individual serving in the position. The Director General must be well respected, admired for his or her leadership and honesty and integrity. Employees, many of whom have or are serving in dangerous positions must have confidence that the incumbent understands their concerns, most likely has seen or experienced the same or similar situations as that of the employee, and thus will make fair and just decisions. He or she must deal daily with the many factors affecting recruitment including increasing the diversity of the Department, promotion, discipline, family issues, and retirement. The Director General must have the knowledge and experience to advise the Secretary of State and the Undersecretary for Management on the realities of the global personnel system. The nominee has no experience that would reassure State employees that he understands the personnel system or will stand for them when the inevitable crises occur.

The ability to counsel is central to an effective Director General. All of us devoted considerable care in mentoring employees. This mentoring occurs at all levels in the personnel system, from ambassadors facing issues in their embassy to entry level officers seeking guidance on their careers. The nominee may be gifted in interpersonal relationships, but that is undermined if the incumbent cannot relate to those seeking his advice.

In conclusion, we ask that you not advance this nomination. A strong professional personnel system is vital to the nation’s security. It must be led by a person who has risen through the ranks to senior positions enabling the incumbent to make vital decisions both for the Department at large and the individuals as well.

Thank you for your serious consideration of our concern and your support for a strong professional and well-trained team at the State Department to carry out the vital mission of promoting and protecting America’s interests around the world.

The letter above was signed by the senior officials listed below. These are ten of the last twelve Directors General with tenures that spanned from 1989 to 2013. The two DGHRs who are not signatories are Harry Keels Thomas Jr.  who served from 2007–2009, and is currently the U.S. Ambassador to Zimbabwe, and Arnold A. Chacon who served as DGHR from 2014-2017 (see DGHR Arnold Chacón Steps Down, One More @StateDept Office Goes Vacant).

Ruth A. Davis
Director General (2001-03)
U.S. Ambassador to the Republic of Benin (1992-95)

Edward W. Gnehm, Jr.
Director General (1997-00)
U.S. Ambassador to Kuwait (1991-94), USUN (1994-97), Australia (2000-01), and Jordan (2001-04)

Marc Grossman
Director General (2000-01)
U.S. Ambassador to Turkey (1994-1997)

Genta Hawkins Holmes
Director General (1992-95)
U.S. Ambassador to Namibia (1990-92) and Australia (1997-00)

W. Robert Pearson
Director General (2003-06)
U.S. Ambassador to Turkey (2000-03)

Edward J. Perkins
Director General (1989-92)
U.S. Ambassador to Liberia (1985-86), South Africa (1986-89), United Nations (1992-93), and Australia (1993-96)

Nancy J. Powell
Director General (2009-11)
U.S. Ambassador to Uganda (1997-99), Ghana (2001-02), Pakistan (2002-04), Nepal (2007-09), and India (2012-14)

Anthony C.E. Quainton
Director General (1995-97)
U.S. Ambassador to Central African Republic (1976-79), Nicaragua (1982-84), Kuwait (1984-87) and Peru (1989-92)

George M. Staples
Director General (2006-07)
U.S. Ambassador to the Republic of Rwanda (1998-01), and to the Republics of Cameroon and Equatorial Guinea (2001-04)

Linda Thomas-Greenfield
Director General (2012-13)
U.S. Ambassador to Liberia (2008-12)

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@StateDept Needs a Better Defense Than This Nominee’s Management of a “Large State Govt Agency”

Posted: 4:25 am ET
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Foreign Policy recently did a piece on the Stephen Akard appointment as DGHR, calling him a “Pence pal”:

A State Department spokesman pushed back on the criticisms, saying his nomination is “an indication of how committed the Trump administration is to improving how the federal government operates and delivers on its mission.” […] Akard “has a unique background in both foreign affairs as well as a successful track record managing a large state government agency,” the State Department spokesman told FP. “If confirmed, we believe his experience will benefit the men and women of the State Department,” the spokesman added. Akard left the foreign service in 2005 to work for the Indiana Economic Development Corporation.

The State Department spox told FP that Akard’s “unique background” and “successful track record managing a large state government agency” will “benefit” the State Department.

So hey, that got us curious about just how big is the Indiana Economic Development Corporation (IEDC) where Mr. Akard previously worked as ” chief of staff, vice president and general counsel, and director of international development” from 2005 -2017. We asked IEDC how may employees support the state corporation but we have not received a response as of this writing.

However, based on the State of Indiana Employee Directory (PDF here, pages not numbered, so use the “find” function), there are some 15 offices within IEDC.  These offices include Account Management with seven employees; Communications with  three staffers; Policy with five employees, and the largest office in IEDC, Business Development has 16 staffers. About 80 state employees are listed as working in the Indiana Economic Development Corporation (IEDC). How many of these employees did Mr. Akard actually managed? And even if he did manage the entire IEDC and its over 80 employees — c’mon spoxes –the DGHR manages over 75,000 Foreign Service, Civil Service and locally employed staff. Good grief!

The spox needs a better argument on why they think this nominee is the best individual to lead DGHR; the defense they currently have — citing the management of “a large state government agency” with less than a hundred employees is  just plain pen-pineapple-apple-pen-silly.

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American Academy of Diplomacy Opposes Nomination of Stephen Akard as @StateDept Personnel Chief

Posted: 2:10 am ET
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In a letter to the Senate Foreign Relations Committee (SFRC) Chairman Bob Corker and Ranking Member Ben Cardin, released publicly on October 30, the American Academy of Diplomacy (AAD) requests that the senators oppose the nomination of Stephen Akard to be Director General of the Foreign Service:

The American Academy of Diplomacy requests that you oppose the nomination of Stephen Akard to serve as Director General of the Foreign Service and Director of Human Resources at the State Department. We have concluded that voicing our concerns with Mr. Akard’s nomination is required if the Academy is to meet its most important mission: to promote and protect America’s interests in a dangerous world by supporting an effective American diplomacy based on a strong Foreign Service and a strong Civil Service.

It looks like the AAD requested to meet with the nominee but had not been successful. The letter authored by former senior diplomats Ambassadors Tom Pickering and Ronald Neumann on behalf of the group says about Mr. Akard, “We hold no personal animus toward him.”  But added that ” … we have concluded that Mr. Akard lacks the necessary professional background to be the Director General of the Foreign Service and Director of Human Resources at the State Department. His confirmation would be contrary to Congress’s long standing intent and desire to create a professional American diplomatic service based on merit.

The letter further adds: “While Mr. Akard is technically eligible for the position, to confirm someone who had less than a decade in the Foreign Service would be like making a former Army Captain the Chief of Staff of the Army, the equivalent of a four-star general.”

The full letter is available to read here (pdf).

We’ve previously blogged about the Akard appointment on October 17 (see Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment).

With the exception of noting this nomination on Twitter, and separately urging FS members “to embrace their roles as stewards of the institution”, we have not seen any public position on this nomination by the American Foreign Service Association (AFSA), the professional association and labor union of the Foreign Service since 1924.

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Trump’s Pick For @StateDept Personnel Chief Gets the Ultimate “Stretch” Assignment

Posted: 12:01 am PT
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On October 10, President Trump announced his intent to nominate former FSO Stephen Akard to be the next Director General of the Foreign Service. This position is typically not just the Director General of the Foreign Service but also the head of Human Resources for the State Department (DGHR).

Stephen Akard of Indiana to be Director General of the Foreign Service, Department of State. Mr. Akard has served as a senior advisor in the Office of the Under Secretary for Economic Growth, U.S. Department of State since January, 2017. Previously, he was chief of staff, vice president and general counsel, and director of international development for the Indiana Economic Development Corporation from 2005 -2017. From 1997 to 2005, Mr. Akard was an officer in the foreign service at the Department of State, with assignments in India, Belgium, and as a special assistant in the Executive Secretariat. He earned his B.A., M.B.A., and J.D. degrees from Indiana University-Purdue University Indianapolis(IUPUI). While at the State Department, Mr. Akard received two Meritorious Honor awards. He also received a distinguished alumni award from IUPUI in 2000.

According to its website, “the Indiana Economic Development Corporation (IEDC) is the State of Indiana’s lead economic development agency. The IEDC was officially established in February 2005 to replace the former Department of Commerce. In order to respond quickly to the needs of businesses, the IEDC operates like a business. Led by Indiana Secretary of Commerce Jim Schellinger and IEDC President Elaine Bedel, the IEDC is organized as a public private partnership governed by a board of directors.” The IEDC Board of Directors is chaired by the Indiana Governor. Mr. Akard has previously traveled with then Governor Mike Pence in trade missions to: Japan, Germany, Israel, Japan, and China (not an exhaustive list).

The Kelley School of Business at Indiana University lists Mr. Akard as part of the Advisory Board and has additional details of his prior assignments in the State Department; it does not mention being “a special assistant in the Executive Secretariat” as the WH-released bio, but as “a special assistant to Secretary of State Colin Powell”:

Akard oversees Indiana’s overseas economic development offices and works to attract international investors to the state as vice president and general counsel for the Indiana Economic Development Corporation (IEDC). Previously, Akard served as a career foreign service officer with the U.S. Department of State, holding positions as a special assistant to Secretary of State Colin Powell; political officer at the U.S. Embassy in Brussels, Belgium; and as a consular officer at the U.S. Consulate General in Mumbai.

Mr. Akard’s name appears on congress.gov’s list of appointees as Consular Officers and Secretaries in the Diplomatic Service of the United States of America submitted in October 1997, and confirmed by Senate voice vote on March 6, 1998 (see PN793). He is also on a list of Foreign Service Officers of Class Four, Consular Officers confirmed by Senate voice vote on July 11, 2001 (see PN508). If there are other records, we have so far been unable to locate them.

The May 1998 issue of State Magazine also noted Mr. Akard’s pre-assignment training to Mumbai, India, as was the practice in those days, but that’s about it from State’s official rag.  Talented and up and coming FSOs typically do end up as special assistants to the secretary of state, the top ranks at the State Department or the Executive Secretariat; or it used to be that way, not sure if they’re asking for blood oath these days.  Secretary Powell left State in January 2005, and he was succeeded by Secretary Condi Rice in 2005. We have not been able to find a notice of Mr. Akard’s 2005 departure from the Foreign Service but it looks like he joined the Indiana Economic Development Corporation (IEDC) on the same year that he left the Foreign Service.  We understand that he left the Service because “he was offered a great job working for Indiana.”  Somebody who knew him way back when told us “he is a super nice guy.”

Mr. Akard would not be the first member of the Foreign Service to resign from the Service and return to Foggy Bottom under a new appointment. The most recent example is the current Assistant Secretary for Consular Affairs Carl Risch (see Ex-FSO Who Once Advocated Moving Visas to DHS May be the Next Asst Secretary For Consular Affairs).  Both the afsa.org tracker and history.state.gov lists Mr. Risch as a non-career appointee. If Mr. Risch who served approximately three years, and one overseas tour is considered a non-career appointee, would Mr. Akard who served eight years with two overseas, and department tours also be considered a non-career political appointee? More importantly, is Mr. Akard considered a former career member of the Foreign Service?

Below is the relevant part of Section 208 of the Foreign Service Act of 1980 (22 U.S.C. 3928) is amended to read as follows:

§3928. Director General of Foreign Service

The President shall appoint, by and with the advice and consent of the Senate, a Director General of the Foreign Service, who shall be a current or former career member of the Foreign Service. The Director General should assist the Secretary of State in the management of the Service and perform such functions as the Secretary of State may prescribe.

(Pub. L. 96–465, title I, §208, Oct. 17, 1980, 94 Stat. 2080Pub. L. 103–236, title I, §163, Apr. 30, 1994, 108 Stat. 411.)

Last month, the Academy of American Diplomacy wrote a letter (PDF) to the Senate Foreign Relations Committee that includes the following part that we thought curious at that time.:

We believe the key positions of the Under Secretary for Political Affairs, the Director General, and the Dean of the Foreign Service Institute should be career Foreign Service Officers. The Director General, a position established by the Act, should be appointed from those that have the senior experience and personal standing to guide the long-term future of the staff needed for effective diplomacy. We respectfully ask that Congress get clarification as to whether it is the Department’s intention to nominate an appropriately senior serving or retired Foreign Service Officer for the position of Director General.

So now we know why the group of former senior diplomats sought that clarification.

One source points out that a “career member of the Foreign Service” is anyone who has been appointed as such, meaning “any tenured Foreign Service member.” The source also said that Mr. Akard’s appointment “though troubling in that his FS experience is limited and he clearly chose not to make it his career – would not violate” the Foreign Service Act.

Another keen observer of the Foreign Service explains that the Foreign Service Act of 1980 says “current or former career member” but he/she is not aware that anyone has previously tried to define those terms. Does that mean any former tenured member of the service? Does that mean any current FS member regardless of rank? Does that mean any member of the FS who retired, resigned, or anyone who voluntarily left for other reasons? And if an appointee is considered a former career member, does that mean the appointment is subject to the reappointment regs under the Foreign Affairs Manual, and also subject to its limitations?

Folks we talked to notes that the Akard appointment, if confirmed by the Senate, would certainly end the interpretation and practice that the Director General position be a senior career Foreign Service Officer of distinction.  To be clear, the language of FSA of 1980 does not destinguish between foreign service officers and foreign service specialists or make any mention of ranks.  But the observer points out that the spirit of Section 208 suggests that the intent was that the Director General be a senior Foreign Service Officer, active or retired, but someone who served a full career, to enable him/her to “assist” the Secretary of State in the “management of the Service.” A full career typically would mean service of at least 20 years. This point appears to be true in tradition and practice when we look at the appointees to the DGHR position going back to 1946 — all are senior career FSOs with significant experience. Prior appointees to this position include Ambassador Nancy Jo Powell who was appointed four times as ambassador prior to her appointment as DGHR; Ambassador Anthony Cecil Eden Quainton was also a four-time ambassador and twice an assistant secretary; Ambassador Alfred Leroy Atherton Jr. was NEA Assistant Secretary and twice an ambassador; Ambassador Nathaniel Davis was three times an ambassador before becoming DGHR; Ambassador Waldemar John Gallman was ambassador to Poland, South Africa, and Iraq before becoming DGHR, and on and on.

One could argue that the career diplomats previously appointed as DHGR were primarily diplomats and not personnel/organizational development experts. But it does not appear that the current nominee has personnel or organizational development expertise either to compensate for the gaps in his diplomatic/organizational experience: a former FSO who previously worked one tour (normally two years for junior officers) as a political officer, and another tour as a consular officer, if confirmed by the U.S. Senate, will need to manage a 75,000 global workforce that is facing not only funding cuts, demoralization, but also organizational transformation.

To borrow the Foreign Service parlance, this is the ultimate “stretch” assignment but it is likely that this nomination will get confirmed by the Senate. While the Senate’s confirmation process has at times been described as a “knife fight”, no executive nominations have been returned to this President or disapproved by the Senate during the current Congress. Senator Corker still runs the SFRC, but despite the tit-for-tat on Twitter with POTUS, the confirmation process has been humming along. We’ll be in the lookout for Mr. Akard’s confirmation hearing.

A side note here — for the first time, the White House this year has reportedly refused to submit an FSO’s name recommended for promotion by the Promotion Board for Senate confirmation this year. We understand that this specific case is winding through the grievance process, but we suspect that it could also end up in litigation. That case could have repercussions for Foreign Service members whose promotions and appointments are subject to White House concurrence and Senate confirmation.

Below via history.state.gov:

Congress created the position of Director General of the Foreign Service in the Foreign Service Act of 1946 (P.L. 79-726; 60 Stat. 1000). Between 1946 and 1980, the Secretary of State designated the Directors General, who held rank equivalent to an Assistant Secretary of State. The Director General became a Presidential appointee, subject to the advice and consent of the Senate, under the Foreign Service Act of 1980 (Oct 17, 1980; P.L. 96-465; 94 Stat. 2071). Since Nov 23, 1975, under a Departmental administrative action, they have concurrently held the title of Director of the Bureau of Personnel.

 

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