The Justice Department’s Office of Legal Counsel concluded that the Foreign Service Grievance Board (FSGB)’s authority to reverse disciplinary actions against Foreign Service members violates the Constitution. Assistant Attorney General T. Elliot Gaiser stated that presidential control over foreign policy is essential, with the Secretary of State retaining final decision-making power. Since 1980, the Foreign Service Act allowed the FSGB to override disciplinary decisions, including a 2013 case reinstating an employee terminated for viewing pornography on a government computer. The opinion, signed by Gaiser, asserts that the statute’s provisions conflict with Article II, requiring presidential accountability. Moving forward, the FSGB will handle grievances but the Secretary of State will hold final authority, aligning with constitutional requirements.
Source: U.S. Department of Justice (DOJ).
Materials reproduced from https://www.justice.gov/.
No endorsement by the DOJ is implied.
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