Of Moose And Men
The Best Laid Plans Of Both Often Go Astray

Let me spell out why I’m upset at my field office, the one balking at following the directions from headquarters.

When a contracting officer of the U.S. federal government signs a contract, on behalf of the government, he or she assumes personal liability for any screw-ups he makes in the course of letting that contract. If he orders a contractor to do something, without the funds or authority to compel the contractor to take that action, he can be personally liable for the debt owed by the government to the contractor. That’s a Big Deal, no matter how you look at it, given that a great deal of my Big Gubm’nt Agency’s (BGA’s) contracts are worth multiple-millions of dollars, well in excess of the typical federal government employee’s salary.

In my role as legal counsel, looking at the fiscal responsibilities of the federal government and its accountable officers, my professional opinion rendered in the course of my employment can relieve a contracting officer of personal liability. If I tell an employee to take a certain action and that action is later found to be incorrect by a competent tribunal, the employee who followed my advice will not be held liable for following that advice. He or she sought the advice of counsel, and followed it, for better or worse. That’s a big deal, because we’re dealing with the public’s money, and if someone truly defrauds the taxpayers, they should be held liable for that fraud. So letting someone off that hook is not something to be done lightly.

Obviously I have no desire to defraud the government of funds; this money is my tax money as well as the usual federal taxpayer’s, and I don’t want to see it misspent when I can avoid it. So it’s distressing to me, personally, when a field office of my BGA questions my integrity, implicitly, by continuing to question the opinion my office has rendered in a particular case. The idea that I would casually hang a fellow federal employee out to dry, or that I would place the finances of my BGA in jeopardy, is personally abhorrent to me, and it causes me a great deal of distress when our field personnel assume that I would be so cavalier with their and the taxpayer’s finances. I think that’s what stressing me out about this latest brouhaha with the field, that implicitly they are questioning whether I am acting properly in my role as counsel to protect them and the head of my BGA. And the idea that they think I’m acting against their and the taxpayer’s interests, whether overtly or subtly, is a smirch on my professional integrity, and not something I take lightly. Thus, I’m distressed over the situation, as much as they are likely distressed as they contemplate taking an action which might cause them a great deal of personal debt. I don’t want that for them, nor do I want something to go wrong for the taxpayer or the administration (regardless of party), so I’m stuck in a very difficult situation until I can convince them that we’re not going to subject them to personal liability, something they’re not quite ready to accept.

Training, that is. Ran and swam yesterday, biked this morning, running a long run tomorrow. Definitely feeling it tonight; almost didn’t do laundry as planned, but managed to get off my butt and get it done (yay for clean sheets). It’s a good kind of tired though – good, honest physical exhaustion from exercise.

Work’s nuts, which seems par for the course these days. I wonder if all political transitions are this crazy or if the economy being in the crapper has substantially added to it. I’d prefer not to find out for a while. What would be nice is to stop stress eating (why couldn’t I be one of those people who can’t eat when they get stressed instead of the opposite? silly body).

Long run planned for the morning, first in a while. Was prepping things for it tonight (water bottle, etc.) and I think I need to hit Conte’s or the like and pick up nutrition this weekend – down to two gels and two things of shot blocks. Not enough to make it through training or the two races, by a long shot.

Cold’s still here, but better. Not feeling the need for quite so much sudafed to keep the sinuses in check today, more like just the normal allergies dosage. Let myself sleep in, and now I’m sipping coffee from my SF Zoo mug this morning and missing my boys out in San Francisco. And as much as I love my apartment and my neighborhood, it’s times like this when I wish I’d bought a place up in northwest so it were easier to get out & about to places for things like “food”.

Brought some work home this weekend, so that’s what I’ll be doing most of the day. The newest political in my chain of command came from the private sector (with no gubm’nt experience), so I think his expectations don’t quite match the reality of being a federal attorney. He’ll learn. But in the meantime I’m going to try and redo this memo such that it doesn’t suck completely. 17 pages? I don’t think so. 5. Maybe. Note to field counsel: footnotes and glossing are your friends, especially with a busy management chain.

Anyway, off to go give y’all more gubm’nt than you’re willing to pay for.

Insulating yourself from the world is so much easier. If you have no contact, there are no boys to have to meet, and be interested in, and turn down, or say yes to, or decide among. And that’s comforting, not having to decide. “But how can you know what you want, ‘Til you get what you want, and you see if you like it?” Meh. Boys are so difficult.

That said, I ran into Doug on the way to dinner. Was good to chat in person, even for only two Metro stops. I do miss being as social as I was. But I’m going to get busy soon with my new triathletes as they gear up to their July race, and work is absolutely freakin’ insane now (I was out at the bar tonight and got email indicating that OMB disagreed with the position we’d taken, taking the position I’d originally taken inside the agency on a particular issue before I was overruled – schaden-correct-view-of-the-law-what?? Friday will be interesting.).

And then there’s, of course, a boy who’s flirting from tonight. As well as boys from previous nights. And boys I’d like to get to know, and boys I’d like to avoid encouraging (despite trying to be polite). Boys are, well, odd. And they force decisions. The gentleman whom I had the date with last weekend is out; he snored, and smoked, both pretty annoying on their own, but deadly in combination. There was another man I was sort of interested in from previous contacts online and in person, but he wasn’t there tonight when I was at the bar, so another gent who was more insistent seems to have gotten my attention for the immediate moment. Despite my warning him off, he’s still interested, so we’ll see how this goes. Dating is difficult, but I’m not trying to race to one definite goal, so we’ll see where the various wanderings take me

DC is hunkering down for another snowpocolypse. Somewhere along the line of 4-8″ of snow is expected to fall, beginning late this afternoon. Of course what this means is that everyone in town seems to be doing the usual panicked dance, trying to get groceries before it all hits. My quick trip to the grocery to stock up this morning went pretty well, and without a lot of drama, thankfully. Even ran into my supervisor and her husband picking up a few things. Wasn’t a lot of ice on the car when I left,nor was it particularly doing much when I came back.

Zipped over to the gym afterward, to run on a treadmill and do my stability exercises. Lucked out in getting a treadmill; it was pretty busy this afternoon. Twenty minutes actual running, with five minutes on either side to warm up and cool down. Again, on the way over there were a few flakes by no real snow yet. I understand Atlanta’s airport has been shut down for a while now because of the snow & ice coming up the coast.

It will be interesting to see if the snow actually appears and what OPM will do about it, in light of the President’s earlier comments mocking the area for shutting down over the last snow storm. It would be nice to have a day off, but if it’s just unscheduled leave, I’ll be going in.

Well, as if I didn’t know it already, that speech proved that I’m going to have a very, very busy four years.

As far as habits and coping mechanisms, knitting seems to be a healthier alternative to drinking. So far.

Long, long, long day. We have agreement on the stimulus bill, but no text yet to see what’s changed and what they still left there and fucked up. And there was some truly fucked up stuff in there, like mandated competition for grants, all grants, even the ones which are just supposed to be spread among the states evenly by some sort of formula (because it’s smart to have, say, Delaware competing against New Jersey for grant money). Not brilliant, but typical of rushed legislation with good intentions.

Got several more rows done on the hat, the decreases and slips in the rounds have started. It’d look better if my stitches in the cables were more even, but I’m still pleased with how it’s coming out, and I think K will like it. There’s a bit of an increased urgency now, as she started chemo on Monday, and radiation this week as well (1 day of chemo, 5 of radiation each week – yowch). So I want to get it done and off to her this weekend so she’ll have it if she needs it. Plus I need to know if I’ll need any more of the yarn, since my one supply is waaaaay out in Vienna. It’s supposed to knit up from one skein, but that can vary, and I’ve heard other folks say they’ve needed a smidge more than a skein to finish these.

So, yeah, instead of going out to drink, or staying home to drink, I popped in more bad movies and got a bunch of knitting done. And now it’s crash time so I can hopefully get what I need to get done tomorrow done and get out of there to my PT appointment.

I think this has to be one of the most difficult periods to be a fed – we’ve got new management, but only a few actual political appointees (only one, in fact!), a handful of political non-appointees, and they’re not fully integrated yet. We know they want to go in different directions, and on the major things those are clear, but on the details they’re definitely not. We’re trying to react to the various provisions proposed in the competing stimulus bills, and despite the fact that the same party is in charge of the two branches, it’s not a given that we in the Executive will be completely on board with what Congress proposes.

Oh, and at some point they’re going to give us our actual budget for FY 2009 as well. You know, the fiscal year that started back on October 1st. So there’ll be that to deal with soon, too.

At the moment, though, I’m running around like mad getting stuff together, analyzing and reacting, and generally trying to be helpful to management. With little to no clear direction, and a lot of guessing. Fun, fun.

While I am glad we have now inaugurated a new President, the last week at work was somewhat bittersweet. In doing the type of law I do, I come into contact with a lot of the top political office holders at my Big Government Agency, and over the last five years there I’ve worked closely with several of them and gotten to know them well. As with the last change in parties, there were some I was happy to see go, but some whom I will truly miss. I will especially miss the leadership in our General Counsel’s office, they were fantastic to work with and for, and were consummate professionals.

My BGA will have a lot to do, and as will be the case with many other BGAs, there will be changes in direction to absorb and run with, and new faces to have to learn and get used to. I only hope that the political appointees chosen to lead us are personable, fair, and competent, and that they do a good job to support and promote the common welfare of us all.

Just got the alert from DC EMS (yay push email on a phone right beside your ear on the night stand); the bridges into the city have now been closed. And contrary to what I first thought, I am really and truly trapped in DC now – all of the bridges that could get me out of DC to head south (the direction I’m most likely to go, given that close family all lives south of here) are now closed off. Glad I stocked up on groceries.

A shame it woke me up, I was in the middle of a pretty snarky dream wherein I was verbally getting the best (not that it was difficult) of a pair of camp counselor types. Some of the zingers were quite fun.