| Comment Number: | OL-10503644 |
| Received: | 3/7/2005 10:27:31 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:
Dear Sir or Madam, Though I understand the need to revise the government's personnel policies, I believe the proposed NSPS regulations will undermine the civil service and hurt the ability of Defense Department employees to accomplish the agency's mission. Please consider the following comments and delay final implementation until the proper steps have been taken to effectively involve the elected representatives of Defense Department workers. Subpart D Performance Management - 9901.401 to 9901.409 To ensure fairness and accuracy, Defense Department employees should be able to appeal any performance rating to an independent grievance and arbitration process as they can do now. Subpart E Staffing and Employment - 9901.501 to 9901.516 The proposed regulations would replace longstanding provisions on hiring found in 5 U.S.C. Chapters 31 and 33 with unpublished procedures that will be prescribed at some future date through implementing issuances. Using this approach will allow the Defense Department to arbitrarily develop and administer new rules on staffing and employment that have not been available for public comment. This is especially troubling given the proposal to engage in non-citizen hiring to positions within NSPS. Our national security would surely be put at risk if Defense Department managers were able to exercise such hiring flexibilities. Subpart F Workforce Shaping - 9901.6012 to 9901.611 The Defense Department should not change the current layoff/RIF rules, which give balanced credit to performance and the employees' valuable years of committed service. Moreover, under he proposed regulations employment disputes over such matters would be unfairly limited to the Merit Systems Protection Board. Subpart G Adverse Actions - 9901.701 to 9901.810 The NSPS guiding principle on enhanced management flexibility would be undermined if the provision on mandatory removable offenses is retained. Due process and fairness demand that the independent body reviewing major suspensions and terminations be allowed to alter the proposed penalty if it deems deem the penalty to be unreasonable. The current standards approved by the courts to guide such bodies should be continued. However necessary the drive to a more business-like environment may be, the unique responsibilities of Department of Defense employees require that they enjoy greater certainty than is afforded their private sector collegues. I also believe that federal employees have earned this priviledge through their dedicated service. Sincerely, David Newport, Rhode Island