| Comment Number: | OL-10510841 |
| Received: | 3/16/2005 12:23:08 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:
Subpart H Appeals NSPS should not be designed to limit the right of MSPB AJs to modify or reduce an agency action.If the AJs can only modify an agency decision that is WHOLLY without justification, then there is no more room for mitigation, even if it is deserved or proven. This will lead to the agencies imposing the maximim penalty on employees at all times for all offenses. If the penalty range for an offense is "reprimand to removal" and two employees are both charged with the same ofense, in fact they conspired or acted in concert, one could still get a reprimand and the other could be removed, all other circumstances being equal. and yet MSPB will not be able to reduce the other sentence, because it is within the range of penalties and is not wholly unjustified.