| Comment Number: | OL-10500578 |
| Received: | 2/18/2005 8:20:44 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:
Appeals Subpart H 7. Penalty Review Mandatory Removals offences, the penalty selected by the Department may not be redecud or modified by MSPB. Only the Secretary may mitigate. By this new regulation again the power of right and the law are set aside while the Secreary makes his own version of what he thinks the law should be. While taking the legal minds out of the process and not allowing for any real type of appeal process. With the restrictions placed on MSPB and the only way it can be overturn or modify is a decission that DOD has made is 100% wrong. If only 99% of the decission was wrong it does not meet the determination that the penalty is so disproportionate to the basic for the action as to be Wholly without Justification. Even if it meets this standard it still has to be clearly without merit based upon facts known to management when the action was taken. To my understanding if management does a really bad investigation which is often the case there would never be a posibility to get things overturned.