The Foreign Service Journal, September 2016

78 SEPTEMBER 2016 | THE FOREIGN SERVICE JOURNAL AFSA NEWS Diplomatic Security Begins Recording Interviews As of June 27, following negotiations between the State Department, AFSA and the American Federation of Government Employees, Diplomatic Security’s Office of Special Investigations initiated automatic audiovi- sual recording of employee interviews conducted in the United States. This is a major shift from past practice, in which DS/ OSI had to obtain permission from the employee to record their interview. This change applies to both Foreign Service and Civil Service employees who are the subject of criminal and non-criminal investigations. The Background In 2013, the department authorized DS/OSI to begin recording interviews of FS and CS employees under investigation. As this was against the long-standing department policy prevent- ing the recording of employ- ees without permission, AFSA’s 2013-2015 Governing Board fought to have the authorization rescinded. However, in 2015, the Deputy Secretary for Management and Resources upheld it. Though AFSA was not legally able to prevent DS/ OSI from recording inter- views without permission, we did have the authority to negotiate the impact and implementation of such recordings. Your Right to Representation Under the Foreign Service Act of 1980, as amended, Foreign Service employees have the right (known as the “Weingarten Right”) to be represented by AFSA in an interview if they reasonably believe that it could result in disciplinary action and they request representation. The investigating office is not required to remind employees of their right to representation at the begin- ning of the investigation. We therefore urge all AFSA members to reach out to AFSA immediately on being contacted for an interview. Furthermore, if you have agreed to be interviewed and subsequently decide that you would like an AFSA representative present, it is not too late to invoke your Weingarten Rights. What Can AFSA Do for You? The presence of AFSA during interviews serves several useful purposes. We ensure that the investigator affords you all of your rights and conducts the interview in an appropriate fashion. We can confer privately with you, if necessary, to answer your questions or provide guidance. We clarify the investiga- tor’s questions, when it appears there is a misunder- standing. We take notes dur- ing the interview and review any sworn statements. If DS, the Regional Security Office, the OIG or Office of Civil Rights contacts you requesting an interview, call AFSA immediately at (202) 647-8160 or email us at afsa@ state.gov or member@afsa. org. We also encourage you to review our guidance on investigations on the AFSA website at www.afsa.org/ig- and-ds-investigation-guid ance. You can find the full text of the agreement signed at the conclusion of the recent negotiations at www. afsa.org/vancememo. n —Angie Bryan, AFSA State Vice President As the November election season approaches, overseas Foreign Service members may need to make arrangements for voting. With a presidential election, Senate and congres- sional races, as well as state-specific contests, there will be plenty of ballots to be cast this year. The Federal Voting Assistance Program offers information and instructions for registering and voting while living over- seas under the Uniformed and Overseas Citizens Absentee Voting Act, which covers FS employees and their families. At www.FVAP.gov, you can check the requirements for your state of residence, register to vote and request a ballot. Each state has different regulations on registration and sub- mitting a voted ballot! Information is also available at the AFSA website: http://afsa.org/afsa-voter-registration-guide and from the Overseas Vote Foundation—www.overseas- votefoundation.org—a nonpartisan organization. Don’t forget the Hatch Act! All active Foreign Service employees are prohibited from engaging in partisan political activities while “on duty.” For information about the rules and regulations regarding politi- cal actions while representing the U.S. government, check out our Labor Management guidance page at www.afsa. org/rules-political-activites-federal-employees. n Overseas Voting – Plan Ahead for November