| Comment Number: | OL-10510425 |
| Received: | 3/16/2005 9:34:19 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 Page 7585, Section 9901.403 Waivers I oppose the waiver of 5 U.S.C. chapter 43 and 5 CFR part 430, which provide important criteria, standards and procedures governing the performance management system. No compelling need to eliminate these provisions has been presented, which protect employees from arbitrary and unfair treatment in the evaluation of their performance. Relaxing the standards for management to conduct employee evaluations and set performance standards will not enhance national security. This will only lead to greater uncertainty about what is expected of employees, resulting in misunderstandings, disruptions, and inefficiencies in performance. Page 7585, Section 9901.405 Performance management system requirements 9901.405(a) states: “DoD will issue implementing issuances that establish a performance management system for DoD employees, subject to the requirements set forth in this subpart.” This system has not been defined, so there is no way to determine if it will be fair, effective and credible. This process should have been defined in these regulations to allow for a meaningful review and comment period, as required by law. No changes should be made to the current performance management system used by DoD agencies until a full comment and review period is completed, followed by a full collective bargaining process with the unions representing DoD employees. A system without a fair and credible performance management procedure will be rejected by employees, and will result in distrust of management, decreased morale, and lower productivity, ultimately harming national security. Page 7585, Section 9901.406 Setting and communicating performance expectations The proposed regulations are seriously flawed because they do not require management to provide performance expectations to employees in writing. 9901.406(b) should be modified by adding: “Performance expectations will be provided in writing and discussed with employees at the beginning of the rating period. When expectations are set or changed verbally by supervisors during the rating period, they will be confirmed in writing by management, and provided to employees in a timely manner.” 9901.406(b) should be modified by adding: “Performance expectations must permit the accurate evaluation of job performance based on objective criteria.” This recommendation incorporates a current requirement for performance standards under 5 U.S.C. 4302(b)(1). 9901.406(c) should be modified by adding: “Supervisor and managers are always accountable for demonstrating professionalism and standards of appropriate conduct and behavior, such as civility and respect for others. Supervisors and managers must set the standard of behavior for employees to follow. Therefore, professionalism, civility, respect for others, and similar exemplary behavior will be an absolute requirement for management, and will directly impact their performance ratings and pay.” This language is necessary to ensure that the language in 9901.406(b) specifying these conduct requirements for employees is clearly applied to supervisors and managers as well, recognizing the need for management to set the standard for conduct in the workplace. 9901.406(d) should be modified by adding: “Employees should seek clarification and/or additional information when they do not understand their performance expectations.” This change clarifies that the primary responsibility for clearly communicating performance expectations lies with supervisors. Page 7586 9901.406(e) should be modified to read as follows: “Supervisors must involve employees in the development of performance expectations, and fully consider input and feedback from employees regarding the appropriate performance expectations for each position. However, final decisions regarding performance expectations are within the discretion of the agency, subject to the requirement that performance expectations for employees in the same occupational series and pay band will be similar. Employees will not be held responsible for performance expectations until they have been clearly and expressly communicated. Supervisors must meet with employees at the beginning of the appraisal period, and frequently during the appraisal period, to discuss performance expectations and changes in priorities or expectations during the appraisal year.”