Comment Number: OL-10510682
Received: 3/16/2005 11:16:49 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:

The National Security Personnel System's proposed regulations increase the first line supervisors level of responsibility over an employees career than the personnel system currently in place and at the same time affects the process for employee redress to the employees disadvantage. Discrimination does exist within the Department Of Defense and EEO findings of discrimination continue to mount against management officials, not including the numerous settlements by agency officials and employees. Sex Discrimination, Race Discrimination, and other types of discrimination are realities (handicap, national origin, sexual harassment, quotas, and other abuses by management) and have not been adequately dealt with in the proposed regulations. The record for management officials has not improved in these areas but avenues for redress are being affected in what is being termed "more efficient". DOD should not have the authority to affect any outcome of the MSPB and should not have the authority to change the structure of the process for redress. If it is too costly and inefficient, then the abuses by management officials needs to be addressed in more detail and comparable or more severe actions should be proposed to provide a check and balance measure in the proposed regulations. Currently, the proposal is unbalanced and not in the best interest of the civilan employee. If DOD is serious about streamlining the redress process, then address management abuses and accountability by senior officials who allow them to continue and condone them in concrete terms. Congress, the Senate, Mr. Rumsfeld, Mrs. James, and those entrusted to represent the people are "Public Servants" and so are DOD Civilains. This proposal does not serve the public and it has nothing to do with "National Security." The current system is excellent if it were implemented properly and managed effectively by senior leadership as Congress and the Senate intended. The abuses by management have become so commonplace and acceptable by leadership, that a change is required to hide the mismanagement rather than do what is right. This is an attack on the rights of the people by the same people who have abused their authority and those who have condoned this abuse for many years. A recent discrimination case against the USAF was settled by the Justice Dept. and $880,000.00 was paid and the USAF admitted no wrong doing or knowledge of the practices which were complained about. I'm sure that this is one of thousands but this is where DOD is right now. To the contrary of the proposed regulations, more tools should be given to expose abuse by management officials in an effort to remove those who abuse their positions and violate employees rights and laws developed to protect employees. Stop taking away protections and increase tools necessary to expose management abuses, it will save money, increase efficiency, and instill accountability in leadership which will ultimately improve employee morale and productivity. Recap: 1. Discrimination of all forms do exist within DOD with little or no management accountability: Where is this addressed in the NSPS? 2. Streamlined procedures do not assist employees seek redress as well as those currently in place 3. Current system works fine if utilized and implemented according to the intent of Congress, the Senate, and the Law. Leadership has subverted these measures: EEO Findings, MSPB rulings, secret settlements, are positive proof. 4. Mismanagement is more responsible for the current personnel issues than its rules and regulations. 5. DOD Leadership and its civilian employees are public servants, as well as the Congress and the Senate. Congress and the Senate have provided the Framework for reform and improvement of this system with the passage of 108-136, they did not open the door for wholesale pillaging and the dismantling of employees rights in the name of “ National Security “. This proposal as it is currently written doesn’t even provide DOD civilians with security in comparison to the previous system, so who does it secure?