| Comment Number: | OL-10512193 |
| Received: | 3/16/2005 11:29:00 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. Section 9901.807(b)(1) There is no indication that there is a need to improve the efficiency of the appeals process before the MSPB. MSPB statistics contained in its annual report demonstrate that its process is an efficient one. Despite DOD’s push for efficiency, in some cases parties have a legitimate need to delay the proceedings. There are some categories of cases, for instance adverse actions which include a whistle blower component that involve multiple issues of law and are factually complicated matters. It does not promote fairness to rush these cases through an expedited process. I believe that DOD has not done the sufficient fact finding necessary to indicate that appeals procedures are in fact too slow. The most important consideration in any case is for an independent third party reviewer to move cases in a manner that not only provides for rapid resolution but ensures above all that the processes are fair and are perceived as fair. The system proposed by DOD will not be perceived as credible and will not accomplish the goals set forth by DOD/OPM.