Comment Number: OL-10503054
Received: 3/3/2005 9:26:55 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:

Section 9901.807(d)(3) says that the Department's action may not be reversed based on the way a performance expectation is worded, if the wording is clear to a reasonable person. This means that a supervisor can give an employee a performance expectation that is impossible to achieve, yet be clearly stated, and the employee cannot challenge nor win an appeal on that performance expectation. This is totally unacceptable, gives too much authority to supervisors, and places too much of a limitation of the MSPB.