The Foreign Service Journal, December 2014

50 DECEMBER 2014 | THE FOREIGN SERVICE JOURNAL AFSA NEWS AFSAActs to Protect Integrity of FS Assignments System BY MATTHEW ASADA, STATE VP AFSA is concerned by recent State Department actions that undermine the integrity of the Foreign Service Assign- ments System, specifically its violation of the procedures governing the pilot Overseas Development Program negoti- ated between AFSA and the department. In October, AFSA sent a message by telegram (State 11312), AFSA email and Department Notice calling on the department to list the FS-2 Iran Watcher position in London during the current bidding season because the position does not fit the crite- ria governing the Overseas Development Program. As of publication, the department had not yet listed the position in the summer bid list despite the fact that there are a number of qualified Foreign Service employees, several of whom already have the required language proficiency and regional experience. Some Background Two years ago, AFSA agreed to the State Depart- ment’s proposal to establish a two-year pilot Overseas Development Program. This program would designate a small number (20) of over- seas Foreign Service posi- tions for one-time fills by Civil Service employees without requiring a “certificate of need.” A certificate of need, which states that there is no qualified Foreign Service employee with required knowledge, skills and abilities available to fill the par- ticular position, is normally a pre-requisite for placing a Civil Service employee in a Foreign Service position (see sidebar). AFSA has consistently supported this pilot program for Civil Service employees as a way to provide them with overseas experience to strengthen their Civil Service careers. In accordance with the ODP agreement, AFSA approves each and every position before the depart- ment may designate it as an ODP position. In return, the department does not require a “certificate of need” for the pre-approved positions. AFSA has applied con- sistent criteria in evaluating positions for inclusion based on position uniqueness, lan- guage designation, respon- sibilities, and overall Foreign Service position supply and demand. The Foreign Service Act provides that positions des- ignated as Foreign Service positions “normally shall be filled by the assignment of members of the Service to those positions.” Over the years AFSA has negotiated the FAM provisions governing the assignment of persons from outside the Foreign Ser- vice to FS positions overseas (see 3 FAM 2293). These provisions protect the integrity of the assign- ments process and ensure that the department com- plies with the requirements of the Foreign Service Act. AFSA monitors the num- ber of assignments, overseas and domestic, and the num- ber of bidders to ensure that there are enough opportuni- ties to meet the personal and professional development needs of members of the Service. The London Iran Watcher Position At its Oct. 1 meeting, AFSA’s Governing Board passed a unanimous motion strongly objecting to the department’s decision regarding the FS-2 Iran Watcher position in London The Foreign AŽairs Manual regulation regarding the Cer- tificate of Need clearly states that the department must provide AFSA, which is “the Foreign Service’s exclusive representative,” with a signed Certificate of Need before the selected non-Foreign Service candidate is paneled. 3 FAM 2295 CERTIFICATE OF NEED (CT:PER-726; 04-18-2014) (State Only) (Applies to Foreign Service and Civil Service employ- ees) a. A Certificate of Need is required when the Depart- ment fills a position with an exceptional circumstance candidate or fills a volunteer cable position with a Civil Service employee. b. The Certificate of Need must: (1) Describe the measures taken to find Foreign Ser- vice candidates to fill the position; (2) Acknowledge that no bids were received from members of the Foreign Service when the position was advertised for 15 days or, alternatively, provide an explanation by the Director General as to why he or she determined the Foreign Service bids received were not from suitable bidders; and (3) Explain why the Director General found that the selected candidate was best suited to fill the position. c. The Department will provide the signed Certificate of Need to the Foreign Service’s exclusive representative two working days in advance of the selected candidate’s being paneled into the position.