Board Eyes Only September 5, 2014 From: Sean Sullivan, Board Member To: All Board Members Subject: The state of the agency. The Federal Employee Viewpoint Survey results are in, and they are dismal. Drastic, immediate action is needed. The mission of this agency is vital to our nation. Poor leadership has damaged the agency’s ability to perform that mission. The Chairman must step down from chair. New leadership is necessary. Without new leadership, the agency will continue to degrade. The latest FEVS results continue a downward trend that began early in the Chairman’s tenure as the agency’s chief executive officer. A trend of selective responses is as follows: # 54 61 66 Question Senior Leaders maintain high standards of honesty and integrity Level of respect for senior leaders Satisfied with the policies and practices of senior leaders ‘11 89.3 85.3 81.3 ‘12 88.1 77.7 71.0 ‘13 64.6 44.4 30.4 ‘14 32.5 23.4 15.7 The Employee Committee that investigated last year’s results determined that attitudes were most negative toward the Technical Director and the Chairman. [“The general consensus was that management (Office Directors and the Chairman based on question 10) did not value staff input and managed staff efforts too closely”; “When asked to identify levels of management that create concerns related to generating motivation and commitment, most of the respondents from OTD identified the Chairman and/or the Technical Director.”] The Chairman cannot fix the problem. He is the problem. In addition to the survey results, the Chairman’s tenure as chief executive officer has coincided with the resignation of a Board Member in protest over the way the agency was run, sustained discord with key congressional staff on both sides of the political aisle, and – most ominously – diminished respect for the Board as well as diminished attention paid to the Board from the highest levels of the Department of Energy and the National Nuclear Security Administration. The staffing of the Senior Executive Service positions over the past three years – a responsibility of the Chairman alone – has been an unmitigated disaster. There are eleven positions, and four are currently vacant. In the past three years, there have been two firings, two forced reassignments that are appropriately characterized as demotions, one voluntary demotion, three departures and four retirements. All of the departures and retirements that have occurred since I arrived were a result of the employee’s unhappiness. Of the seven SESs currently serving, three have demonstrated sustained poor performance warranting an adverse personnel action. This issue – the staffing of SES positions – threatens the viability of the agency all by itself. The technical staff has lost ten people within the past year alone. That is an annual attrition rate exceeding ten percent. Many of the departures were not retirement eligible; they simply left for greener 1 Board Eyes Only pastures. The budget submission to Congress in March of this year projected FTE usage this year at 116, but the current FY16 proposal drops that to 107. The staff is voting with their feet. I have since April written several memoranda (this is the eighth) outlining problems within the agency. I have pointed out that the Office Directors are performing poorly and they are not being held accountable. I have pointed out that the staff is not allowed to voice their opinions in the Board room; they are intimidated by the threat of retribution if they do so. I have pointed out where the agency takes one position, but does another (e.g., we supposedly value resolution staff-to-staff, yet we ‘bean count’ Board letters and make the production of a letter a perceived necessity for a positive performance appraisal). Through these memoranda I have pointed out recent examples of some of the very issues the staff complained about in last year’s FEVS, as identified by the Employee Committee report dated January 2014. My memoranda have been met with denial, and a continued lack of corrective action. The Chairman is not even capable of seeing the problems, and unless he can see them, he has no hope of fixing them. When faced with bad survey results or reports of employee complaints, the Chairman reaches premature conclusions that are unsupported by the evidence. He then asks questions of staff members in a manner that reveals the premature conclusion he has already reached. The staff fears negative career consequences for speaking freely in front of the Chairman and, as a result, staff members tend to ‘hold their fire’ when responding directly to the Chairman. The Chairman is a poor listener and regardless of what is said, what he hears reinforces his premature, incorrect conclusion. The evidence bears this out. For example, the employee committee reported in January that “there were many comments expressing concern that the ‘Open Door’ policy that encouraged staff members to directly talk to Board Members has been effectively eliminated by the TD.” They also wrote, “Communications are stifled between the Technical Staff and the Board. The Technical Director is predisposed to his own opinions and biases.” Via memoranda dated May 15, 2014 and May 16, 2014, I provided two specific instances where the Technical Director stifled staff communications to the Board. In an email response to me on the first instance, the Chairman said he talked to 8 staff members and “none of the staff I spoke to shared your focus or perception that the Technical Director is preventing them from expressing differing professional opinions (DPO’s). When the staff briefs the Board, they present a “consensus opinion.” I want to know what the staff collectively thinks.” He also wrote “The staff I interviewed felt they were free to speak to the Board. And, of course, they discuss things with their managers first. That just makes sense to me. And, of course, they need a good reason to speak to Board Members. That just makes sense to me. (Staff member identified in my memo) shared that this was simply chain of command.” In email reply to the second instance, the Chairman said “I have spoken with (staff members involved) and it’s true that they did not initially support the communication. In the end, they were Ok with it. However, they were not ‘overruled by the Technical Director.’” So, the history here is clear. The FEVS taken in the spring of 2013 was very troublesome. The Employee Committee investigated and in January 2014 found the TD stifled communications to the Board. I found specific instances of the same in May 2014. The FEVS survey results from the survey taken between May 5, 2014 and June 13, 2014 are drastically lower than the 2013 results. And yet the Chairman talks to the staff and concludes that I am mistaken, and that no problem exists. As I have stated in our hearings on DOE safety culture, a leader who is surprised by the results of a confidential employee survey has just found the biggest problem. I write this because I have a duty to point out what is right for the agency and the country. Only a change of leadership at the top can fix this. 2