| Comment Number: | OL-10507273 |
| Received: | 3/14/2005 9:46:21 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:
In response to CFR Chapter XCIX and Part 9901 National Security Personnel System; Proposed Rule published in Federal Register dated February 14, 2005, I submit the following comments regarding the sections/subsections as identified below: General Comments In general, I believe the proposed NSPS gives DoD and specifically, the Secretary of Defense, too much power over civilian employment issues. In many cases, subjects are not addressed in detail and the statement is included that DoD or the Secretary will make issuances regarding details and specifics of proposed changes. This indicates to me that either there is no plan or the plan with details is being kept from the general public. Either case is unacceptable. Even pay band rate ranges have not been established. In short, these rules are incomplete and demonstrate a lack of planning. Theoretically, a performance-based pay system should allow the government to attract and retain top quality employees. The problem arises, however, in delegating to organizational units, supervisors, and pay pool managers authority and opportunity to affect pay to such a degree and possibly in a subjective, capricious, or inequitable manner. Furthermore, there are no safeguards to protect money budgeted for rate range adjustments and to prevent pay pool managers from using the budgeted amounts for items unrelated to civilian employment. Process/Outreach to Employees I attended a town hall meeting wherein attendees were briefed regarding the NSPS. Those conducting the meeting basically said, “We will have a new personnel system. Most of the details are not worked out yet, but trust us that you will not suffer from implementation of the system. You will support us in this endeavor. Are there any questions?” The responses to questions were vague at best because they were based on regulations that had not yet been determined, much less written. There was no request for substantive input from employees regarding even general proposed changes. Pay and Pay Administration—Subpart C/Adjusting Rate Ranges and Local Market Supplements, p. 7560 of the Federal Register AND §9901.322 §9901.332 Since rate range adjustments and local market supplements are directly related to the cost of living in general or in a specific area, it would be inequitable for DoD to be allowed to make those pay changes ”differ by career group, pay schedule, or pay band”. The cost of living that goes up 2% does so for all employees—not just for some in certain career groups, pay schedules or pay bands. Rate range adjustments particularly should be across-the-board percentage increases, as in the current system. Pay and Pay Administration—Subpart C/Rating Methodology, p. 7560 of the Federal Register I am concerned that DoD has not defined the methodology for performance appraisal ratings. This section does not indicate whether all agencies within DoD will be required to use the same number of rating levels. If all agencies are not required to use the same number, as is the case currently, an employee performing substantially the same amount and quality of work in one agency could receive a lower (not just 1 or 2 shares) performance-based pay increase than his counterpart in another agency. Pay and Pay Administration—Subpart C/New Appointments/Reinstatements, p. 7561 of the Federal Register This section states, “The hiring official will determine starting pay based on available labor market considerations…” What qualifies a “hiring official” with no personnel experience to set pay anywhere within a pay band? I am concerned that the hiring officials will not be given specific enough criteria and that this creates the opportunity to employ candidates at higher salaries than the salaries of those employees with DoD experience in like positions. This will create inequity and employee relations problems. Pay and Pay Administration—Subpart C/Premium Pay, p. 7561 of the Federal Register