| Comment Number: | OL-10509556 |
| Received: | 3/15/2005 4:12:07 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:
General Coment: This document lacks sufficient detail for employees and union representatives to adequately evaluate and provide valueable, substantive feedback. There are numerous locations in the document where the term "DoD implementing issuances" is utilized. Examples: page 7560, Rating Methodology; page 7561, Reassignment; page 7586, part 9901.409, Rating and Rewarding Performance. The details of implementing this system are not yet developed or otherwise made available for review. A review should be held on the document that reflects the completed system and associated procedures. Page 7563, Performance Rating Challenges - This section states that with the impact on pay of the new system, regulations will still provide employees the right for reconsideration of their ratings of record. However, if it is determined that the employee received an unfair, unreasonable or unjust rating of record, per section 9901.409, subparagraph g - "A payout determination will not be subject to reconsideration procedures." This penalizes an employee for an error on the part of supervisors, or perhaps an administrative error, or other reasons beyond the control of the employee. This does not reflect a "pay for performance" system. Essentially, an employee can be denied pay for performance through no fault of their own. Page 7562, Monitoring Performance and Providing Feedback - The current civil service pay system is very much like the pay system of our uniformed counterparts. Both receive annual ratings and both recieve longevity pay within their grade - uniformed members every two years and civil servants periodically based on their current step. This current system for both appears to meet the needs of DoD and rewards good performance. There is no doubt that the critical nature of the DoD's mission requires personnel system changes, but a change in the pay system will not meet those needs. Section H, Appeals - The authority granted to the DoD to overule a decision of the MSPB, as outlined in Section H, subparagraph 2, eliminates the employees right to an unbiased review of their grievance and removes the independence of the MSPB members. Further, subparagraph 8 forces an employee to absorb the burden of attorney's fees, without recourse for reimbursement, if DoD fails in its case because it did not gather facts to support its case OR if its claim "was clearly without merit based upon facts known to management when the action was taken." This burdens employees with attorney's fees accrued as a result of the Department's negligence or imcompetence. General Comment: This proposed system clearly eliminates or reduces numerous rights of employees without the employees having adequate information on which to coment. As previously stated, the absence of "DoD implementing issuances" on which to comment places all DoD civil servants at a disadvantage in reviewing and commenting on a system (and its procedures) that have significant impacts on their pay and rights. We have been asked to review and comment on a "concept" and not a well developed or even completed system or process.