| Comment Number: | OL-10506031 |
| Received: | 3/11/2005 10:36:02 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:
I believe this is a reasonable regulation for performers. I had only one concern. In Subtitle H, 8, it states that attorney fees will not be paid by the government if the information proving the employee was not guilty of an offense was not known to the government at the time. It also states that the management is affected by the fact that attorney fees may have to be paid by the government if management is wrong. I see this a different way. If the government does not have to pay attorney fees for not knowing about information that would have prevented the appeal in the first place, the government will conduct poor investigations so that if they are wrong, they can simply say, "we didn't know..." Having to pay attorney fees if management is wrong will be an incentive to conduct thoruogh invetigations. I also believe that this system, like the old Army EER, has a great potential for inflation. Either by the "Good old Boy" system of helping out a friend or by a supervisor that wants to avoid conflict. There should be a system of checks on the supervisors that prevent inflation. Recommend a similar Rater, Senior Rater, Reviewer type of hierarchy, as the Army NCOER, that will check the supervisors.