| Comment Number: | OL-10508308 |
| Received: | 3/15/2005 2:02:35 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:
SUBPART G: Adverse Actions. Section 9901.701 - Purpose; and Section 9901.703 Definitions. Although a later Subpart specifically addresses the definition of adverse actions, it is unclear from these sections whether or not DOD intends to retain the current definition of adverse actions. I recommend however, that the definition of adverse actions include any type of suspension, even if such suspension is less than 14 days in order to preserve the procedural protections promulgated in this Subpart. Although only suspensions exceeding 14 days may be appealed to the MSPB, this amendment would provide such due process, which the law requires, to any employee who is facing loss of pay as a result of a proposed suspension. I also recommend that the definition of adverse action include “reduction of pay band or other similar reduction” in addition to reduction in grade. Again, I believe employees should be provided procedural protections when pay is adversely impacted. DOD/OPM have not demonstrated that the Agency’s ability to suspend individuals and/or reduce pay with due process as required by the law, impedes national security or is somehow ‘inflexible’, ‘not contemporary’, or as the Supplementary Information claims, “restrictive.”