UNCLASSIFIED (U)

3 FAH-1 H-2250

FOREIGN SERVICE SPECIALIST CAREER CANDIDATE PROGRAM

(CT:POH-255;   05-17-2022)
(Office of Origin:  GTM/CDA and GTM/PE)

3 FAH-1 H-2251  ASSIGNMENT PROCEDURES FOR SPECIALIST career CANDIDATES

3 FAH-1 H-2251.1  Policy

(CT:POH-236;   07-14-2020)
(State Only)
(Applies to Foreign Service Only)

GTM/CDA is guided by the following provisions in assigning Foreign Service Specialist Career Candidates: 

(1)  GTM/CDA will consider service needs, to include filling high-priority entry-level positions and reducing or eliminating staffing gaps or periods of dual incumbency.

(2)  GTM/CDA will consider career development, to include experience in different posts or assignments during their first two tours, and language skills development wherever possible and within the context of service need and available entry-level positions.

(3)  Individual qualifications (e.g., language skills) may also be considered where appropriate and consistent with service needs. 

(4)  Foreign Service Specialist career candidates are expected to complete at least two entry-level directed tours; assignments may be located within the United States or abroad, as required by the needs of the Foreign Service.

(5)  No assignments in other occupational categories will be authorized for Foreign Service Specialist Career Candidates. 

3 FAH-1 H-2251.2  Relocation Expenses Related to a Domestic First Tour

(CT:PER-255;   05-17-2022)
(State Only)
(Applies to Foreign Service Employees)

If the first assignment of a Career Candidate is to a domestic location (U.S. or U.S. territory), the Department may authorize relocation expenses and allowances in accord with 14 FAM 632.1.

3 FAH-1 H-2251.3  Details and Leave Without Pay

(CT:PER-255;   05-17-2022)
(State Only)
(Applies to Foreign Service Only)

a. As the goal of the Specialist Career Candidate Program is to provide clear evidence of career Foreign Service potential within the time period of the candidate’s limited appointment, details to other agencies will generally be avoided.

b. Except for employee entitlements to leave without pay (LWOP) under the Family and Medical Leave Act (FMLA) (3 FAM 3530), under the Uniformed Services Employment and Reemployment Rights Act (USERRA), and under Executive Order 5396 (disabled veterans seeking necessary medical treatment) and requirements under 5 U.S.C. 8150 (regarding workers’ compensation), the authorization of LWOP is a matter of administrative discretion, as provided in 3 FAM 3510.  As the goal of the Specialist Career Candidate Program is to provide clear evidence of career Foreign Service potential within the time period of the candidate’s limited appointment, GTM/CDA does not recommend that candidates request discretionary LWOP prior to tenure.  However, bureaus/posts may authorize specialist career candidates up to 90 days LWOP under certain conditions as defined in 3 FAM 3510.

3 FAH-1 H-2251.4  Supervision

(CT:PER-255;   05-17-2022)
(State Only)
(Applies to Foreign Service Only)

a. The immediate rating and reviewing officers of specialist career candidates will be responsible for their supervision and for the development of work-related skills that can be learned through experience on the job.

b. Rating and reviewing officers are also responsible for conscientious evaluation of specialist career candidates’ performance—including establishing work requirements, periodically holding Performance Review sessions, and annually completing formal evaluations—to support their professional growth and to provide the Specialist Tenuring Board with the information needed to decide whether a candidate should be offered career status.

3 FAH-1 H-2252  FUNCTIONAL IDENTIFICATION

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

a. Specialist career candidates will be given primary skill codes in their occupational categories when they receive their initial limited appointments.

b. Only after tenuring may a specialist career candidate’s skill code be changed in accordance with the rules and procedures published in 3 FAM 2620, 3 FAH-1 H-2620, and 3 FAH-1 H-2650.

3 FAH-1 H-2253  PERFORMANCE EVALUATION PROCESS

3 FAH-1 H-2253.1  Purpose

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

The purposes of the performance evaluation process for specialist career candidates are to:

(1)  Furnish assessments on which the Specialist Tenuring Board can base its decision to offer tenure and career status in the Service to specialist career candidates;

(2)  Provide specialist career candidates with periodic assessments of their performance so that they can plan their careers realistically and better prepare for them; and

(3)  Provide information to the Director General of the Foreign Service in cases of unsatisfactory performance of assigned duties so that an informed judgment can be made for possible early termination of a specialist career candidate for unsatisfactory performance (see 3 FAM 2256).

3 FAH-1 H-2253.2  Performance Reviews for Specialist Career Candidates

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

a. Supervisors of specialist career candidates should hold at least two  Performance Review sessions during each annual rating cycle at approximately 120-day intervals and no less than once during assignments of less than one year.

b. In meeting with a specialist career candidate, the rating officer should prepare at least one written Performance Review statement on Form DS-1974 and present it to the candidate for discussion. 

c.  The DS-1974 is intended solely as a performance review mechanism to provide employees with feedback on where they are doing well and where they need to develop further; it will not be placed in the candidate's performance file, and will in no way bind the rating officer in later judgments on the candidate’s overall performance during the full rating period.

d. The DS-1974 is not required for assignments of six months or less, but at least one oral session is required. 

e. All career candidates should be counseled regarding their strengths and weaknesses and ways to improve their performance, enhance their professional development, and strengthen their potential for tenure and advancement.

f.  Reviewing officers should keep informed of candidates' progress and make themselves available for counseling or mentoring, as appropriate.

g. The principal officer, deputy chief of mission, or deputy assistant secretary responsible for oversight of the candidate program in the bureau or post will oversee the adequate, periodic counseling and mentoring of candidates by the rating and reviewing officers.

3 FAH-1 H-2253.3  Unsatisfactory Performance Procedures

(CT:POH-236;   07-14-2020)
(State Only)
(Applies to Foreign Service Only)

a. An unsatisfactory rating cannot be given to a candidate unless the candidate received notice in writing of the areas of performance that were deficient and had a reasonable opportunity to demonstrate satisfactory performance.  A period of 60 calendar days ordinarily will be sufficient to demonstrate needed improvement.  In some cases, however, a shorter period may be dictated by safety or security concerns that could overlap with performance issues, by the imminent departure of an employee from post, or by other significant factors that necessitate such a decision.  In all cases, the employee will be advised of the timetable for improvement. 

b. An EER in which the candidate’s performance is rated as unsatisfactory must be submitted to GTM/PE rather than through ePerformance.  GTM/PE will refer the case to the Director General for review.

c.  Upon being advised by the Director of GTM/PE that a specialist career candidate’s performance has been rated unsatisfactory, the Director General will:

(1)  Advise the candidate in writing of this rating and grant a period of at least 10 working days for the candidate to offer comment on the rating; and

(2)  Conduct further review or inquiry regarding the candidate’s performance as the Director General may deem appropriate.  All material generated by such a review or inquiry or otherwise considered by the Director General will be made available to the candidate, who will be granted a period of 10 working days from receipt of such material in which to offer comment. 

d. Upon completion of the above procedures, the Director General will review all relevant and admissible material on file regarding the candidate’s performance and will do one of the following:

(1)  Advise the candidate that the rating of unsatisfactory performance has been changed to satisfactory, and initiate action to ensure that all personnel records reflect this determination;

(2)  Direct that the candidate be separated from the Service under section 612 of the Act; or

(3)  Withhold judgment regarding possible action for a specified period of further on-the-job observation.  The post or bureau must submit to GTM/PE the EER immediately following the additional period stating either that the candidate’s performance is satisfactory or unsatisfactory.  The Director General will readdress the question based on overall performance history at that date.

e. When ordering separation under Section 612 of the Foreign Service Act, the Director General will set the effective date, which may be no less than 30 days following notification of that action, excluding travel time required to return to Washington, DC, if abroad.   

3 FAH-1 H-2254  PROMOTIONS

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

The following procedures apply to the promotion of specialist candidates.

3 FAH-1 H-2254.1  Administrative Promotions

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

See 3 FAM 2329.3.

3 FAH-1 H-2254.2  Specialist Candidates Not Promoted Administratively

(CT:POH-236;   07-14-2020)
(State Only)
(Applies to Foreign Service Only)

a. Specialist career candidates at grade levels above those subject to administrative promotions will compete for available promotional opportunities in their occupational category along with other eligible specialists in their class and competition group in regular Selection Board competition, in accordance with Foreign Service Career Candidate Tenuring Board Precepts, also known as the Tenuring Board Precepts.  (The Tenuring Board Precepts are available on the GTM/PE website under “All Precepts.”) 

b. All specialist career candidates, regardless of promotional procedures, are subject to Specialist Tenuring Board review for tenuring and career status described in 3 FAM 2250 and 3 FAH-1 H-2255.

3 FAH-1 H-2255  THE SPECIALIST TENURING BOARD

3 FAH-1 H-2255.1  Composition

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

a. The Specialist Tenuring Board (Board) will consist of:

·         Specialist career members of the Foreign Service of Class FP-4 and above, except Office Management Specialists, who may serve at FP-5;

·         Foreign Service Officers of Class FO-4 and above; and

·         Members of the Senior Foreign Service.

b. Each Board will include one or more members of minority groups and women.

c.  To the maximum extent possible, each Board will include representatives of the specialist categories in which candidates are to be considered or members knowledgeable about the responsibilities of the specialist categories.  Depending on the specialist categories to be reviewed, Board membership may range from four to six persons.

d. The most senior member will serve as chairperson.

3 FAH-1 H-2255.2  Appointment

(CT:POH-236;   07-14-2020)
(State Only)
(Applies to Foreign Service Only)

a. GTM/PE will convene the Board four times per calendar year.  Members are appointed for one Board session only, but can serve consecutively.  If a member serves consecutively, the name will be shared with the exclusive bargaining representative (AFSA).

b. A list of the members under consideration for appointment will be submitted to AFSA on an informational basis; AFSA may offer comment.  Such comments will be considered, but will not be binding in making the final appointments.  Language governing recusals of Board members can be found in the Procedural Precepts regulating the Tenure Board process.  (The Tenure Board Precepts are available on the GTM/PE website under “All Precepts.”)

3 FAH-1 H-2255.3  Responsibilities and Duties

(CT:POH-236;   07-14-2020)
(State Only)
(Applies to Foreign Service Only)

a. At least once each quarter during the calendar year, the Office of Performance Evaluation (GTM/PE) will prepare lists of specialist candidates in each occupational category who meet eligibility requirements for review for career status (see 3 FAM 2254.2).  The Director, GTM/PE, will certify these lists for the consideration of the Board.

b. The Board will review the official performance files of the specialist candidates certified for consideration following established Tenuring Board Precepts.  

(1)  The Board will review and make recommendations on granting tenure to specialist career candidates, except for specialists in the medical occupation categories (physicians, medical technologists, nurse practitioners, and psychiatrists), as soon as possible after completion of 24 months of service.  Specialists in the medical occupation categories will be reviewed as soon as possible after completion of 36 months of service. 

(2)  When a Board judges that additional evaluated experience is needed in order to make a tenuring decision, a second review will take place a year after the first.  If a Board still feels that additional evaluated experience is needed in order to make a tenuring decision, a third review may be held six months after the second.  If necessary, a one-year extension of the four-year limited appointment for specialist candidates may be granted to permit a third review.  The third review will take place, to the extent practicable, approximately (but not less than) 60 days prior to the end of the period of extension;

(3)  Boards monitor all evaluation material prepared on specialist candidates to determine whether the material is adequate to provide the basis for the career judgment, which the Board must make within the prescribed time.  GTM/PE may return any evaluation material deemed inadequate for the Board’s purpose to the preparer for amplification and/or clarification; and

(4)  For those candidates not recommended for tenure who will be considered at a subsequent session of the Board, the Board will write notification statements, as guidance to the candidates and should identify areas for improvement.  The Board will provide counseling statements for those candidates whose chances of being recommended for tenure at a subsequent session are in doubt due to an identifiable performance weakness. Any such statements will be included in the official Board findings and will be given to the candidates in question (and their respective Career Development Officers) and as part of the Board Report to the Director General.  The counseling statement will not become part of the Official Performance Folder, unless the recipients so requests in writing.

3 FAH-1 H-2255.4  Board Action

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only

a. Any action taken by the Board requires the concurrence of at least four Tenure Board members.  In the case of tenure denial, no action unfavorable to the candidate under review will be taken without consideration of the file by all members of the Board, absent a recusal. 

b. The Board will provide the Director General with the following:

(1)  An alphabetical list of names of those specialist career candidates recommended for tenure;

(2)  An alphabetical list of the names, accompanied by counseling statements, of those specialist career candidates recommended for a second tenure review;

(3)  An alphabetical list of the names, accompanied by counseling statements, of those specialist career candidates recommended for a third review;

(4)  An alphabetical list of the names of those specialist career candidates the Board does not recommend for tenure. Individuals who are not recommended for tenure will be separated from the Service at the end of their limited appointment, or earlier if the Board’s recommendation for earlier separation is approved by the Director General;

(5)  Any recommendations for extension of a specialist candidate’s appointment for a third review by the Board with a detailed statement as to why the extension is recommended; and,

(6)  The Board’s observations on the operation of the Specialist Career Candidate Program, the Employee Evaluation Report (EER) form, and the Tenure Board Precepts and procedures with such recommendations as it may desire to make.  Such a report will be included in the official board findings.  A copy of the report, including recommendations or comments, other than those concerning individuals, will be made available to officials of AFSA on a confidential basis.  If the Board requests that a portion of its statement not be disseminated and explains its reason for this request, those portions so identified also will be deleted and the reasons explained to AFSA.

3 FAH-1 H-2256  TEMPORARY OR PERMANENT REMOVAL OF NAMES FROM TENURING LISTS

(CT:POH-216;   04-16-2019)
(State Only)
(Applies to Foreign Service Only)

a. The procedures outlined below for temporary or permanent removal of names from specialist tenure lists apply to all specialist career candidates recommended for tenure by a Board (see 3 FAM 2255). 

b. The Director General will inform the specialist career candidate concerned in writing of the action taken (unless subject to a “do not notify” order) and will initiate, pursue, or monitor such inquiry, investigation, or proceeding as is appropriate to the issue giving rise to the removal.  The candidate will be given an opportunity to submit whatever information or documents the candidate believes are pertinent to the case.  Upon disposition or resolution of the issue, the Director General will either:

(1)  Request that the necessary administrative action be initiated to confer tenure on the specialist candidate; or

(2)  In the case of disciplinary action, request that the Board, which earlier recommended tenure, determine whether or not the specialist candidate is, in view of the documents added to the performance file, qualified to be granted tenure.  Upon re-review of the specialist candidate’s file, the Board will receive no information regarding the candidate not previously supplied to it, other than material added as a result of the inquiry, investigation, or proceeding that gave rise to the temporary removal.  Prior to Board re-review, the specialist candidate will be supplied copies of all material added to the file and will be accorded the opportunity to submit a response or rebuttal for placement in the file.

c.  The subsequent finding of the Board regarding the specialist candidate in question will be final and binding to the same extent as if made at the initial session.  If the Board concludes that the candidate is qualified, based on the current record, to receive tenure, the Director General will initiate action to confer tenure.  If the Board concludes that the candidate is not qualified, on the current record, for tenuring, the Director General will make permanent the prior exclusion of the name from the tenure list.

3 FAH-1 H-2257  through H-2259  UNASSIGNED

UNCLASSIFIED (U)