The Foreign Service Journal, October 2007

74 F OR E I GN S E R V I C E J OU R N A L / OC T OB E R 2 0 0 7 A F S A N E W S CLASSIFIEDS of the things the parties had been litigat- ing over for the past 18months before the FSGB. It further asserted that the employ- ee was a “formermember” of the Foreign Service and claimed it was too late for him to file a separate grievance over thesemat- ters. AFSA Supports FS Grievant The AFSA Governing Board believes the StateDepartment abused its discretion in withdrawing the proposed separation without the employee’s knowledge or agreement, especially since the employee’s resignation lettermade clear that hewished to continue with his grievance. In addi- tion, the FSGB’s decision was severely flawed and contrary to federal case lawand its own precedents. AFSAmaintains that Foreign Service employees should be afforded the right to challenge procedur- al violations committed during the revo- cation of their security clearance, as well as their separation for cause, before an impartial tribunal, such as the Foreign Service Grievance Board. Because the department’s procedural maneuverings denied the employee these fundamental rights, the AFSA Governing Board unanimously agreed to seek rever- sal of the Grievance Board’s decision and pay the fees of private counsel. InFebruary 2007, attorney Beth Slavet, a former chair of the Merit Systems Pro- tection Board, filed a motion for recon- siderationwith theGrievance Board seek- ing reversal of its dismissal of the case. As stated above, in July, the FSGBgranted the motion for reconsideration, in part, and ordered a hearing on the issue of whether the employee’s resignation was voluntary or was, in effect, a forced resignation or “constructive discharge.” That hearing will likely occur this fall. Should the employee prevail on this issue, it is unclear whether the department will be permitted to reinstate the propos- al for separation for cause. In any event, this employeeprobablyhas a long legal bat- tle ahead of him as he seeks justice before the FSGB. As this will be an expensive proposition, AFSA is seeking contributions from its members for this worthy cause. See sidebar (p. 69). New Hearing • Continued from page 69 AFSA maintains that Foreign Service employees should be afforded the right to challenge procedural violations committed during the revocation of their security clearance. LEGAL SERVICES LEGAL SERVICES ATTORNEY WITH 27 years’ successful experience SPECIALIZING FULL-TIME IN FS GRIEVANCES will more than double your chance of winning: 30% of grievants win before the Grievance Board; 85% of my clients win. Only a private attorney can ade- quately develop and present your case, including necessary regs, arcane legal doc- trines, precedents and rules. Call Bridget R. Mugane at Tel: (301) 596-0175. E-mail: fsatty@comcast.net Free initial consultation. EXPERIENCED ATTORNEYS REPRE- SENTING FS officers in grievances, perfor- mance, promotion and tenure, financial claims, discrimination and disciplinary actions. We represent FS officers at all stages of the proceedings from an investigation, issuance of proposed discipline or the initiation of a grievance, through to a hearing before the FSGB. We provide experienced, timely and knowledgeable advice to employees from junior untenured officers through the Senior FS, and often work closely with AFSA. Kalijarvi, Chuzi & Newman. Tel: (202) 331-9260. E-mail: attorneys@kcnlaw.com WILLS/ESTATE PLANNING by attorney who is a former FSO. Have your will reviewed and updated, or new one prepared: No charge for initial consultation. M. Bruce Hirshorn, Boring & Pilger, P.C. 307 Maple Ave. W, Suite D, Vienna, VA 22180. Tel: (703) 281-2161. Fax: (703) 281-9464. E-mail: mbhirshorn@boringandpilger.com LEGAL SERVICES AFSA Meets with Diplomatic Security PDAS A FSA President John Naland, State Vice President Steve Kashkett and senior AFSA staff members met with Diplomatic Security Bureau Principal Deputy Assistant SecretaryGregStarr onAug. 3. They covered such topics as security for ForeignService members in Iraq and Afghanistan, including the security conditions in the Baghdad International Zone and the upcoming move to the new embassy compound. DS gave an upbeat progress report on two longstanding issues: the out-of-date contact reporting requirements and the security clearance suspension process. DS expects to have the final draft of a complete revision of the regulations concerning foreign contact report- ing ready in the near future. AFSA looks forward to having an opportunity to review and comment on that final draft before it is incorporated into theForeignAffairsManual. AFSA’s relationship with DS encompasses a wide range of vital issues, and AFSA appreciates the open lines of communication with the current DS leadership.