In 1986, Congress made the State IG a presidentially appointed inspector general subject to the Inspector General Act and prohibited a career member of the Foreign Service from being appointed as the State IG. That change did not prohibit the appointment of a career member of the FS as acting IG or deputy IG. According to the GAO in 2011, State/OIG implemented a change to the succession planning for acting IG positions to exclude Foreign Service officers.
We have yet to see that in action.
While we have not been able to confirm the relevant case law that State/OIG cited in withholding the identities of inspectors, we were told that this “doesn’t sound implausible.” Steven Aftergood (
@saftergood on Twitter) who runs Secrecy News for the Federation of American Scientists posits that even if such an exemption from disclosure exists (which it probably does), then it would be discretionary, not mandatory. It means that State/OIG would be “at liberty to disclose it even if there was no compelling legal obligation to do so.”
Given the nature of the assignments/rotations in the Foreign Service, and the persistent questions of potential impairments to independence, we look on Mr. Linick to lean on the side of disclosure. Mr. Aftergood suggests that “such disclosure would be a good practice to adopt, particularly in light of the variability of State OIG career tracks and the potential for subsequent conflicts of interest.”
The GAO report dated April 2011 indicates that to address independence impairments the State/OIG relies on “a recusal policy where Foreign Service officers must self-report whether they have worked in a post or embassy that is subject to an inspection and therefore presents a possible impairment.” The GAO insist that they “continue to believe that the State OIG’s use of management staff who have the possibility of returning to management positions, even if they are rehired annuitants or currently report to civil service employees in the OIG, presents at least an appearance of impaired independence.”
We have never seen any of the published OIG reports indicate whether any recusal was filed related to an inspection or audit. We would like to see that information included in State/OIG reports and audits.
3. A Note on Black Sharpies
Remember the hard-hitting OIG reports on Luxembourg, Kenya, Malta? All made the news. All also have one other thing in common — the chiefs of mission at these three posts were all political appointees. Then there were two other OIG reports on Pakistan and Lebanon that caught our attention, both under career diplomats, and both severely redacted, including one that talks about the leadership shortcomings in the front office. (State Dept OIG Reports: Oh, Redactions, Is Double Standard Thy True Name?). We were told that the redactions in one case had to do with the “geopolitical situation” at one post. Our main concern about this as we have said here in the past is two-fold: 1) the appearance of a double standard and 2) recycling FSOs with problematic leadership and management skills is not going to make another embassy greener or healthier nor make for better FSOs. Without effective intervention, they’re just going to make another post as miserable as the last one and impairs the embassy mission and operation. We would like to see State/OIG apply one standard on its reviews of chiefs of mission performance. Not whether they are effective political appointees or effective career appointees but whether they are effective representatives of the President regardless of their appointment authorities.
4. Cobwebs Over Troubled OIG Memo
Finally – remember this past summer when there was a big kaboom in Foggy Bottom ? (See CBS News: Possible State Dept Cover-Ups on Sex, Drugs, Hookers — Why the “Missing Firewall” Was a Big Deal. The Cable’s John Hudson had an exclusive with Aurelia Fedenisn, a former State Department inspector general investigator Exclusive: Whistleblower Says State Department Trying to Bully Her Into Silence. Some real serious allegations were made about cases that were reportedly “influenced, manipulated, or simply called off” in the State Department. State/OIG released a statement to CBS News here.
On June 10, 2013, the State Department spokesperson Jen Psaki was on the podium answering questions about the CBS report:
QUESTION: First, what – I guess we can begin most broadly simply by asking what comments you have about the report that aired on CBS News this morning concerning State Department OIG Office.
MS. PSAKI: Mm-hmm. Well, the Department of State employs more than 70,000 dedicated men and women serving in some of the most challenging environments working on behalf of the American people at 275 posts around the world. We hold all employees to the highest standards. We take allegations of misconduct seriously and we investigate thoroughly. All cases mentioned in the CBS report were thoroughly investigated or under investigation, and the Department continues to take action.
QUESTION: — to borrow a phrase. You stated at one point early in your answer just now that all cases mentioned in the CBS News report were thoroughly investigated but that the State Department continues to take action on them. Did I understand you correctly?
MS. PSAKI: Yes. I did not mean to imply they were – the investigations were completed. Some are in process.
QUESTION: And when you talk about those cases being in process or in progress and action continuing to be taken on them, is that separate from the hiring of outside personnel that you also just referenced?
MS. PSAKI: Well, it’s not a hiring. It’s – it would be an investigation being done by the Inspector General’s Office working with outside law enforcement officers. So I would refer you them for any more specifics on that or how that would work. That’s a decision, of course, they make.
The back and forth went on and on to a point of total uselessness. But the official spokesperson of the State Department did confirm that all the cases mentioned in the CBS report were “thoroughly investigated or under investigation.”
So imagine our confusion when the State/OIG submitted its Semiannual Report to the Congress October 1, 2012, to March 31, 2013 which was posted online on June 19, 2013? We could not find any of the eight cases alleged in the CBS news report. None are listed as either an ongoing or a completed investigation in this semi-annual report; they’re not in the report submitted six months earlier either. What happened to them?
The report to Congress ending on March 31, 2013 lists investigations on bribery, theft and embezzlement, false claims, and grant fraud. It includes four investigations under employee misconduct: 1) a DCM repeatedly used his government resources for non-official purposes; 2) a passport specialist used her official position to access personal information of personal acquaintances from official passport databases; 3) a Foreign Service officer responsible for award and oversight of the grants failed to follow grant policy; and 4) a Department employee who was overpaid for workers’ compensation leave (WCL) after a work-related injury.
Any of that remotely resembles the cases described in the October 2012 memo reported on the news?
The report did include under Congressional Mandates and Requests the following item which also made the news at around the same time as the CBS news:
“On November 2, 2012, OIG received a request from Senator Rand Paul to investigate allegations of staff misconduct at the U.S. Consulate General in Naples, Italy. In its response, OIG noted that the complaints were referred to the appropriate offices in the Department and that the complainants were provided contact information for the offices to which the complaints were referred.”
We would like to suggest that among Mr. Linick’s first order of business, and we expect that he will have a full plate, is to personally look into what happened to these eight cases alleged to have been deep-sixed. If these cases had been “thoroughly” investigated as claimed, then there should be records. If the individuals were cleared, there should also be records. If these allegations were never investigated, or there are no records, then one needs to ask why. Of course, there is another “why” that we are interested in. Why would a retired investigator of the Service turn against her old office in the most public way?
How aggressively Mr. Linick tackle these cobwebs and get some answers would help tell us what kind of junkyard dog he is going to be.
Whew! That’s sorta long. We’ll stop here and get some sleep and see what happens, okay?
- State Department’s Office of Inspector General, Foreign Service, Needs To Improve Its Internal Evaluation Process ID-78-19, Dec 6, 1978
- Review of the State Department’s Office of the Inspector General, Foreign Service | Sep 24, 1979
- State Department’s Office of Inspector General Should Be More Independent and Effective | AFMD-83-56, Jun 2, 1982
- Weaknesses in Hiring Process at State’s Office of Inspector General | GGD-91-60, Jun 24, 1991
- Limitations of IG Oversight at the Department of State |GAO-08-135T, Oct 31, 2007
- Activities of the Department of State’s Office of the Inspector General (No. 110–114) | GAO March 2007
- POGO Questions the Independence of the State Department’s Inspector General | Nov 18, 2010
- State – A/OIG Testimony before the House Committee on Foreign Affairs on “Watching the Watchers: The Need For Systemic Reforms and Independence of the State Department Inspector General”; Washington, DC | April 05, 11
- Actions to Address Independence and Effectiveness Concerns Are Under Way | GAO-11-382T, Apr 5, 2011