| Comment Number: | OL-10506344 |
| Received: | 3/11/2005 2:01:51 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:
Proposed NSPS regulation 9901.807(k)(8)(iii) denies employees their right to a fair hearing for appeals of adverse actions taken against them by the department. It appears, even though I find it hard to believe as a former criminal court judge, that in this proposal, the Department reserves the right unilaterally to reverse the decision of an MSPB Administrative Law Judge (ALJ) because the Department does not agree with the decision. With the ALJ's decision being nonbinding on the parties, it is clear that DoD simply wants the appearance of a fair system. It begs the question, "why waste the tax payers' money and have an MSPB system for DoD employees?" DoD and OPM should work collaboratively with employee unions to develop a new system that meets the needs of the department and its employees. If our country is no longer interested in fairness, just come out and say so. Don't erode citizens' rights through devisive and counterprodutive regulations such as this.