| Comment Number: | OL-10510230 |
| Received: | 3/16/2005 8:07:56 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 D: Performance Management This subpart would eliminate 5 USC Chapter 43, with its requirements for valid performance standards and a good faith opportunity to improve before an employee is demoted or fired. As proposed by NSPS, the supervisor would have authority to make up performance standards as you go. The employee would be subjected to the whims of the supervisor throughout a performance cycle. The whole purpose of performance standards is so employees understand what is expected of them based upon the Position Description. What is being proposed will create an environment where an employee will never really know what is expected of them given any project or assignment when the supervisor can just change it whenever it suits them. In creating Performance Standards, a lot of thought is supposed to go into them in regard to how they relate to the Position Description. What is being proposed in NSPS appears to scrap the whole idea of having a Position Description and clearly defined Performance Standards. Projects and assignments are supposed to be related to the Position Description and not arbitrarily assigned and performance expectations made up as we go. Subpart F: Reductions in Force I do not see where RIF will be any easier to administer under these guidelines. Obviously, great emphasis will be placed on Supervisors doing their job right with respect to Performance Management and Pay for Performance. The reason the current RIF procedures don’t put an emphasis on performance is because employees are already supposed to be performing when a RIF occurs so length of service is used because it does not allow management to tamper with the process. Under Performance Management and Pay for Performance, supervisors would be able to tamper with the RIF process by ensuring some people always get good ratings and awards and other do not. This would allow them to manipulate the system. There is already a great distrust of supervisors with the current award and performance rating process. Now linking that directly to RIF procedures will only add to it. Subpart G: Adverse Actions Where are the mandatory removal offenses??? If this is supposed to be a Regulation for us to comment on, then they should be listed. Again, this is just making it up as we go and hope everyone buys off on it. Subpart H: Appeals The proposed appeals process is literally a stacked deck against the employee. Even if MSPB rules in favor of the employee, DOD can override it in “THE NAME OF NATIONAL SECURITY”. Also, with MSPB already concerned about meeting DHS 90 day timelines, there is no way they can meet the 90 day limit being imposed by DOD.