Comment Number: OL-10510009
Received: 3/15/2005 11:36:11 PM
Subject: Notice of Proposed Rulemaking, Request for Comment
Title: National Security Personnel System
CFR Citation: 5 CFR Chapter XCIX and Part 9901
Attachment: NSPS JCV Comments.doc Download Adobe Reader

Comments:

15 March 2005 Subject: NSPS questions and concerns I am very displeased and disappointed with the passing of NSPS by our congressman, senators and Secretary of Defense Donald Rumsfeld for numerous reasons. My intend is first of all to tell you who am I, why I am writing you and lastly try to get clarification of why the implementation of such program and the lack of information from the very beginning of why the program is being implemented. As of this date no one can provide specifics of the disadvantages or weak points of the actual system. It is my believe, for what I have observe for the past five years working as a civilian employee, GS 13, for the U.S Navy, we have a leadership problem and not a systematic one. I am a retire US Army 03E, 20 + years, and I have been working for the U.S. Navy as civilian GS since Feb 2000 until present. During my military career I have supervise military and civilians both, and have always set the standards on equal treatment/opportunity, fairness, proper hiring procedures, proper counseling and proper discipline as well. As a civilian employee I have always been a hard worker, doing not only my job but the job of others, and have always fight for my rights to get the good rating and promotions that I deserved. I have a BA, MBA and have teach at various universities during night, teaching soldiers, sailors, civilian employees and spouses pursuing a bachelor’s degree in business. Have attended numerous military and civilian schools to include civilian supervisory courses, a mandatory DoD course I had to attend to be able to supervise effectively my 21 civilian employees. I am also a 70 % for record, 50% for pay, disable American veteran for disabilities I did not have when I join the US Army and I was only 18 years old. As I have read most of the question and answer portion on the NSPS web page, just to make it easier on me, I will cover those issues that caught my eyes and think they are extremely important and they are as follows: 1. It is wrong to take our minimal annual pay raise away and let our supervisor decide our raise or if we even get one. One of the many reasons I disagree with the NSPS system is it gives management the power to do just about what they want with there employees. What if you have a supervisor who doesn’t like you and no matter how hard you work on doing your job and his job , still not giving you the pay raise and promotion you deserve and gives it to someone else just because this other individual is his/her Navy buddy? 2. What does my pay, seniority, promotion steps, veterans preferences etc. have to do with national security? With the advent of the NSPS and it rules and regulations that will change almost every thing, the government makes me feel like I have done something wrong and now I'm being punished. 3. Does NSPS system supposed to provide flexibility in hiring, firing, compensating civilian personnel? From my own experience, the actual system of hiring civilian personnel in the US Navy is not working because the Navy, for the most part, is using the body system. In my command I can tell you stories about three 06’s that have retired from the command and were hired back, two as contractors and one as a GS 13, and the Admiral was fully aware of this situation. This is definitely wrong, can you imagine what type of hiring procedures they will use under NSPS. 4. The NSPS eliminates any redress for decisions made on the basis of consideration other than merit. EEO and protection to employees is out, along with democracy. Our Nation is great, but this change deteriorates our greatness that our forefathers established. The implementation of NSPS needs to improve to correct and protect its workforce and lay a foundation that will protect and benefit all. The NSPS Act only protects management, what legal rights does an employee have against discrimination and EEO reprisals in the future? 5. The following statement is a great example of my situation since I am doing one GS 13 job (Time Phase Force Deployment Data ((TPFDD)) utilizing the Joint Operational Planning and Execution System ((JOPES)), one GS 12 job (Plans Assistant, monitoring all CDRUSSOUTHCOM deliberates plans for the US Navy) and a GS 7, (Time keeper for 20 civilian in the command) utilizing a computer system called SLCADA. I am certain this so-called "pay for performance" NSPS system is a deceptive label to reduce pay and moral. The government is giving less incentive for people to stay on. It is hard enough working multiple programs, doing the work of 2 people and now for all our efforts, we are paid with fewer benefits. This is not right! 6. What incentive is there to hire talented people? Our pays are not equal to private industry, but our benefits were ok. Lacking in benefits does not increase longevity of service. Reducing benefits such as cost of living, reduce contribution to TSP, cut base annuity, labor relations statutes and others retirement cost is morally wrong. Congress members only need to work a couple of years to earn retirement for life. The system needs to change for all federal employees, not just a selected few. This new NSPS system eliminates what little benefits we have. 7. Comment on Regulatory Text Subpart D 9901.406 Setting and Communicating Performance Expectations - page 7586 I am concerned that the Department is not planning adequately for a performance management system that could severely impact their employees lives. I am in the first spiral to be implemented in July at Mayport Naval Station. The organization seems interested only in meeting their deadlines, not in taking the time to make good decisions and plans to make sure that it will be successful. I still don’t understand how my command was selected to be in spiral one when no one in the command civilian work force was aware of this situation. 8. In a January 2004 report titled HUMAN CAPITAL Implementing Pay for Performance at Selected Personnel Demonstration Projects the General Accounting Office informed Congress that more work is needed. Excerpts from their report follow: We strongly support the need to expand pay for performance in the federal government. How it is done, when it is done, and the basis on which it is done can make all the difference in whether such efforts are successful. High-performing organizations continuously review and revise their performance management systems to achieve results, accelerate change, and facilitate two-way communication throughout the year so that discussions about individual and organizational performance are integrated and ongoing. Additional work is needed to strengthen efforts to ensure that performance management systems are tools to help them manage on a day-to-day basis. In particular, there are opportunities to use organization wide competencies to evaluate employee performance that reinforce behaviors and actions that support the organization's mission, translate employee performance so that managers make meaningful distinctions between top and poor performers with objective and fact-based information, and provide information to employees about the results of the performance appraisals and pay decisions to ensure reasonable transparency and appropriate accountability mechanisms are in place. Overall, while the demonstration projects made some distinctions among employees performance, the data and experience to date show that making such meaningful distinctions remains a work in progress. NSPS needs to identify what will be the discriminators, descriptors or criteria for any of the elements. Examples of the elements are Technical Competence, Mission Accomplishment, Communication, etc. We do not have any guidance on what makes our performance in any elements exceptional or highly successful, etc. Our management also sets quotas on how many employees can get exceptional, etc. There is also a lot of nepotism and favoritism in the organization. The organization has been fairly stagnant for many years with no new hiring and few reassignments. Relationships have been built and opinions formed. This does not provide much hope that performance appraisals are done fairly based on organizational goals. More time is needed to prepare strict guidelines and accountability to ascertain that this does not adversely impact good employees under the new personnel system. The Department of Defense needs to show enough respect for the employees that have dedicated many years of their lives by taking the time to create the system right. We should see the final regulations before being asked to comment on such sweeping changes that could mean the difference in not only our careers but also our retirement. Other general questions I have are as follows: 1. How will supervisors be accountable for exercising their responsibilities under NSPS? What type of mandatory training will they receive? REMINDER!! There is a DoD regulation that states all military personnel must attend a civilian supervisory course prior to start supervising civilians. 2. What exactly will be the key elements that will be changed under NSPS and how does these changes compare to the actual OPM system? 3. What protections does NSPS provide employees? NSPS will be designed and operated within the framework of merit principles, veterans' preference, and employees' rights to organize and bargain collectively. NSPS provides three levels of employee protection. First, NSPS must adhere to the merit system principles that have been the basis of the civil service for decades. These principles will continue to support:  A diverse workforce;  Fair and open competition;  Equal pay for equal work;  High standards of integrity and conduct;  Protection for employees against arbitrary action, favoritism, or political coercion; and  Protection for employees against reprisals for whistle blowing. Second, rules remain unchanged regarding prohibited personnel practices, including:  Violation of veterans' preference requirements;  Taking or threatening to take an action because someone is a whistleblower;  Obstructing or influencing an individual's ability to compete for employment;  Nepotism;  Coercing political activity; and  Taking any personnel action on the basis of race, color, religion, sexual orientation, labor organization affiliation or non-affiliation, national origin, age, handicap condition, marital status, or political affiliation. Third, NSPS requires that, before implementing the new personnel system, DoD will:  Partner with OPM;  Collaborate with employee representatives; and  Notify Congress regarding areas of disagreement.  4. Who participated in the Working Groups and how come no one in my command were not notified ref NSPS? 5. Where were Focus Groups held and who participated? Were there someone from the Commander US Naval Forces South? 6. Will NSPS be tested before full implementation? I am in spiral one, are we the guinea pigs? 7. How NSPS affect my retirement and health insurance benefits, or leave entitlements? 8. How were these organizations selected to be part of the first phases (Spiral 1) of NSPS implementation? Why we were not promptly notified reference this decisions? 9. What were the criteria for selection for Spiral One, why a small unit like COMUSNAVSO? 10. What is pay banding and how does this compare with the actual step increase system? If I am actually a GS 13 step 1, this means no matter how hard I try I will probably not get another increase or bonus. 11. How will the NSPS pay banding structure be developed and how will my pay be affected upon conversion to NSPS? 12. I am 70% disable veteran, I have heard that NSPS does not provide for Veterans' Preference and discrimination could be worst with NSPS. Is that true? 13. How will the performance management system be designed under NSPS and how can the system prevent discrimination, favoritism and bias? 14. How does NSPS change the rules regarding the Equal Employment Opportunity (EEO) Complaint Process? 15. Will NSPS effectively eliminate employees' voices in the work place and rights to due process? 16. When spiral one employees and managers will receive training prior to NSPS implementation in July? Is March already and we have not heard anything!! Since NSPS is creating a lot of uncertainty and taking in consideration actual and factual experiences with the US Navy, for these many reasons, and very respectfully I oppose the implementation of NSPS and I urge you to act to instruct the Secretary of Defense to halt any further development of NSPS. Very Respectfully, Juan C. Villalobos GS 13, JOPES/Plans Officer 904-270-7354 Ext 4501 COMUSNAVSO