| Comment Number: | OL-10500477 |
| Received: | 2/17/2005 11:35:39 AM |
| Subject: | Notice of Proposed Rulemaking, Request for Comment |
| Title: | National Security Personnel System |
| CFR Citation: | 5 CFR Chapter XCIX and Part 9901 |
| No Attachments |
Comments:
Please find below my comments regarding the topic: Subpart G –Adverse Actions Definition – “Adverse Action” means a removal, suspension, furlough for 30 days or less, reduction in pay, or reduction in pay band (or comparable reduction). Coverage - In addition to the customary adverse actions, NSPS adds reference to “reduced in pay band (or comparable reduction)”. For purposes of this subpart, pay does not include locality-based comparability payments, local market supplements or other similar payments. NSPS adds “Mandatory Removal Offenses” (MRO), a list of which DoD will publish in the future. The Secretary has the sole, exclusive, and unreviewable authority to determine what offenses will require removal as the only acceptable penalty or to mitigate that penalty.. Employees serving a probationary period will not be covered by the adverse action procedures, except for preference eligible veterans who have served one-year of a probationary period. Adverse action procedures also will not cover terminations of temporary or term promotions that return an employee to the position promoted from or a different position in a comparable pay band. The decision to terminate grade retention upon conversion to NSPS, will not be subject to adverse action procedures. Non-appropriated Fund (NAF) employees are excluded from coverage in this subpart. Under NSPS, employees subject to a proposed adverse action, have the right to a notice at least 15 days in advance of the proposed, a reply period of at least 10 days that will run concurrently with the notice period, and a notice of decision. Under NSPS, an employee’s ability to reply appears to end prior to the end of the proposed notice period. Employees believed to be a threat to themselves, others, or government property can be reassigned, required to take leave, or placed in a paid, non-duty status. Notice periods can be shortened to 5 days if the employer has reasonable cause (not defined) that the employee may have committed a crime for which imprisonment may be imposed. There are no indications that the employer would have to have any actual knowledge of an criminal investigation being conducted or actual charges being filed against the employee. The Department may disallow a representative of the employee’s choice by the mere assertion that a conflict of interest may exist, that security may be compromised, or that the employee’s chosen representative cannot be released because it would cost too much or his or her duties cannot be interrupted.