| Comment Number: | OL-10512221 |
| Received: | 3/16/2005 11:55:29 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 9901.808 - Appeals of mandatory removal actions. The provisions of this section that prohibit the MSPB from mitigating the penalty in cases involving mandatory removal offenses should be deleted because they violate 5 U.S.C. 9902(h)(5), which authorizes the MSPB to order such corrective action as the Board considers appropriate when an adverse action is arbitrary, capricious, an abuse of discretion or otherwise subject to being overturned. Section 808(d) allows DOD to have a second opportunity to bring an adverse action against an employee even if the MSPB AJ or full Board sustains an employee’s appeal. This is highly objectionable. DOD should not be allowed to reprocess a removal or suspension on the same set of facts because it failed to properly investigate or prepare the case initially.