| Comment Number: | OL-10507206 |
| Received: | 3/14/2005 9:26:11 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:
Sections 9901.805, 808 Attorneys fees – Attorney fees may be granted when the employee prevails, but only if the action taken against the employee was wholly without merit based on facts known to management at the time it took the action. If management says that an employee is guilty, but he or she is found innocent on appeal, it can always quibble that facts came out in the hearing that it didn’t know, so DoD should not have to pay attorney fees. Once again, DoD is trying to avoid accountability for its actions. The Department will have authority to review MSPB decisions and reverse the initial decision merely by claiming impact on the Department’s national security mission, erroneous interpretation of the law, governmentwide rule or regulations. Apparently, the Department also will be granted the power to determine for itself what cases constitute precedent.