| Comment Number: | OL-10507006 |
| Received: | 3/14/2005 7:07:25 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:
Section 704(d)((3) exempts from coverage an employee who is terminated for failure to maintain a condition of employment that was specified at the time of appointment. This will require an abreviated process similar to what is done now for loss of security access in order to show that there was such a condition and that it was not maintained. I recommend deleting ""at the time the appointment was made" so that all employees with a condition have the same rights. The only theory that an employee appealing removal based on a condition that was applied after appointment could add to the basics (was there a condition and was it maintained) would be based on the motive behind applying the condition. That challenge is still available via the EEO and OSC processes. Giving appeal rights to these employees while denying them to others creates complexity while reducing equity and morale.