| Comment Number: | OL-10509745 |
| Received: | 3/15/2005 5:32:42 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:
Section 9901.401(3) should be consistent with section 9901.406(a) that includes component and office action plans. It is more likely that are employee's expectations will be linked to the office action plans that are derived from the DoD strategic plan. 9901.404 Work needs to be done to make a clearer definition of performance expectations. What is the relationship between performance expectations and work objectives? Will the performance expectations be in a written performance plan so that the employee is aware of what he or she is accountable for. Are performance expectations the same as performance elements under 5 CFR 430? Are all performance expectations "critical" in as much as if they are unsatisfactory on any performance expectation it can result in removal? Are there going to be a written performance plan that the employee initials or signs that documents performance expectations? 9901.103 Needs clarification of implementing issuance. By the definition can only OSD publish implementing issuances? Can Components publish supplemental implementing issuance where OSD is silent or grants discretion? Definition of unacceptable performance indicates that any performance expectation that is given to an employee could result in an adverse action and a failing (unsat) rating. There might be certain noncritical work assignments that are given that don't rise to the level of being critical. 9901.103 Definition of rating of record is vague, especially the second part which would allow a supervisor to give off-cycle RoRs to his/her favorite employee. Recommend taking that provision out and just allow ratings or record to be given at the end of the cycle or W/I 90 days of the end if a supervisor leaves. 9901.342(f) and (g) Working definition of modal is different than 9901.304. Should be limited to pay pool. What happens if a modal rating can't be determined. RIF occurs before the first rating cycle under NSPS in that pay pool? P. 7560 Need to address how the pay dollars are determined, e.g., historical data or projected data. Do you count vacancies? 9901.406(b) The section on retention on job needs to be clarified especially in light of fuzziness of the concept of performance expectations. 9901.406 Will there be a written performance plan? Recommend one to document the understanding of the supervisor and employee about what is expected. 9901.607(3) Will nonNSPS ratings be counted towards RIF? I think it would be unfair, especially for those DoD employees who have a history of excellent performance before conversion to NSPS and then there is a RIF prior to the first cycle rating under NSPS.Will there be a conversion formula for non-NSPS ratings. 9901.409(b) Against additional ratings of record. Harms transparency.