The Foreign Service Journal, January-February 2023

THE FOREIGN SERVICE JOURNAL | JANUARY-FEBRUARY 2023 51 AFSA NEWS they must, without exception, be received no later than 5 p.m. EST on Feb. 15, 2023. All written nominations must be addressed to the AFSA Com- mittee on Elections, 2101 E Street NW, Washington, D.C., 20037. Email nominations shall be sent to election@ afsa.org . 3. Nominations may be submitted individually or in slates. To qualify as a slate, a proposed slate must have a minimum of four candidates from at least two constituen- cies. Slate designations will be noted on the ballot. Qualifications for Governing Board Membership. Individuals meeting the follow- ing qualifications are eligible for nomination to one of the available positions: 1. The individual must be an AFSA regular member in good standing by Feb. 15, 2023, and remain in good standing through the election process and, if elected, for his or her term of office. 2. The individual must not have a conflict of interest as defined in Section 1017(e) of the Foreign Service Act. Please see the “Conflicts of Interest” section below for more information. 3. Active-duty members presenting themselves as candidate for president or constituency vice president must hold an active security clearance. Conflicts of Interest. Section 1017(e) of the Foreign Service Act restricts employees serv- ing in certain positions within their agencies from partici- pating in labor-management issues while serving on the Governing Board. Manage- ment officials and confidential employees, as well as those in positions that may raise or appear to raise a conflict of interest (as defined below) when the new Governing Board takes office on July 15, may not participate in Govern- ing Board discussion, delib- erations, or decisions relating to labor-management issues. They may participate in AFSA Board activities that do not relate to labor-management issues. The Foreign Service Act also imposes a two-year pre- and post-AFSA“cooling off” period on employees who occupied or will occupy posi- tions within their agency that involve labor-management relations or the formulation of personnel policies and programs of a foreign affairs agency. a. Section 1017(e) of the Act, 22 USC 4117(e) states: “Participation in labor organi- zations restricted. (1) Notwith- standing any other provision of this subchapter (A) partici- pation in the management of a labor organization for pur- poses of collective bargaining or acting as a representative of a labor organization for such purposes is prohibited under this subchapter (i) on the part of any manage- ment official or confidential employee; (ii) on the part of any individual who has served as a management official or confidential employee during the preceding two years; or (iii) on the part of any other employee if the participation or activity would result in a conflict of interest or apparent conflict of interest or would otherwise be incompatible with law or with the official functions of such employee; and (B) service as a manage- ment official or confidential employee is prohibited on the part of any individual having participated in the manage- ment of a labor organization for purposes of collective bargaining or having acted as a representative of a labor organization during the pre- ceding two years. (2) For the purposes of paragraph (1)(A) (ii) and paragraph (1)(B), the term ‘management official’ does not include (A) any chief of mission; (B) any principal officer or deputy principal officer; (C) any administrative or personnel officer abroad; or (D) any individual described in section 4102(12)(B), (C), or (D) of this title who is not involved in the administration of this subchapter or in the formulation of the personnel policies and programs of the Department.” b. Section 1002 (12), 22 USC 4102(12) of the Act defines a management official as “an individual who: is a chief of mission or principal officer; occupies a position of comparable importance to chief of mission or principal officer; is serving as a deputy to the foregoing positions; is assigned to the Office of the Inspector General; or is engaged in labor-manage- ment relations or the formula- tion of personnel policies and programs of a foreign affairs agency.” c. Section 1002 (6), 22 USC 4102(6) of the Act defines a confidential employee as “an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in labor-management relations.” Employees who may have a conflict of inter- est or potential conflict of interest include those who are “engaged in personnel work in other than a purely cleri- cal capacity” (for example, employees assigned to non-clerical positions within the Global Talent Manage- ment Bureau) and “employ- ees engaged in criminal or national security investiga- tions of other employees or who audit the work of Call for Nominations Continued from page 45 Important Dates Feb. 15 Deadline for nominations March 1 Nominees announced by email to all voting members March 25 Deadline for paper ballot requests March 29 Election town hall (virtual) April 3 Ballots mailed to voters May 18 Ballots due by 8 a.m.; ballots counted July 15 New Governing Board takes office; approved bylaw amendments go into effect