| Comment Number: | OL-10507551 |
| Received: | 3/14/2005 12:19:24 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:
Although published on 14 FEB 05, the Army wide announcement of the comment period was not announced until 4:49 PM on Thursday, 10 MAR 05, with the comments due by 16 MAR 05. The integrity of the entire process is suspect. Three to five days is hardly sufficent time to adequately comment on 53 pages of proposed federal code by specific sections, nor are 4000 characters adequate for a response. For example, skimming those 53 pages of sometimes redundant code did not clarify whether or not COLAs were part of the pay pool. The failure of the fact sheet to even raise this issue contributed to a sense that the materials presented to describe the NSPS are less than forthright representation. The fact sheet includes a basic justification for age discrimination -performance is given preference to seniority - perhaps Ford Motor losing an age discrimination suit over pay for performance would be a useful reminder of the inherent hazard of this approach. The success of a performance based personnel system relies on the integrity and knowledge of the supervisor chain. Based on my experiences in a small pilot program, that is a significant leap of faith. The stream-lining of adverse actions fails to protect due process. No one can respond to an adverse action within 10 days unless legal counsel has already been retained. Efforts to limit reimbursement for legal fees are also suspect. Given the nature and comments concerning the proposed NSPS rule changes, it is apparent that the Army has little interest or concern regarding the retention of older employees. The driving force behind the new rules is allegedly to attract new talent to the civilian work forces. I am nearing retirement eligibility, and the new NSPS rules will probably have little impact on my career. However, I cannot in good conscience recommend that talented young people consider a government career under the proposed NSPS rules. Promises of improved salaries are unlikely to be fullfilled, and the treatment of older employees should serve as a warning to anyone considering a career in government service.