| Comment Number: | OL-10501078 |
| Received: | 2/23/2005 1:15:41 PM |
| 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:
Subpart A - General Provisions, Part 9901.103 on Page 7576 Definitions on Manditory removal offense (MRO) giving the Secretary sole, exclusive, unreviewable discretion provides power beyond constitutional intention. There is no check and balance. The Secretary's interpretation of an MRO and then unreviewable decision to remove, could lead to abuse such as a systematic removal of personnel for personal/party (Republican - Democratic) gain. There are other avenues for removal that can be made available, such as furlough, then removal pending a panel review of interpretation.