01a34053_r
03-05-2004
Albert Williams, Complainant, v. Anthony J. Principi, Secretary, Department of Veterans Affairs, Agency.
Albert Williams v. Department of Veterans Affairs
01A34053
March 5, 2004
.
Albert Williams,
Complainant,
v.
Anthony J. Principi,
Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A34053
Agency No. 200G-0690-2003101668
DECISION
Upon review, the Commission finds that the agency's decision dated June
13, 2003, dismissing complainant's complaint for stating the same claim
that had, previously, been decided by the agency is proper pursuant to
29 C.F.R. � 1614.107(a)(1). In the instant complaint, dated March 24,
2003, complainant alleged discrimination based on race (African-American)
when he was removed and then restored in a demoted position in 1996.
The record indicates that on June 27, 1996, complainant previously filed
a complaint, Agency No. 96-2081, alleging the same matters, including
other matters concerning his removal/demotion. On January 13, 1998,
the agency issued its decision finding no discrimination concerning the
prior complaint. It is noted that complainant also filed an appeal to
the Merit Systems Protection Board (MSPB) concerning his removal of June
15, 1996. On September 25, 1996, the MSPB dismissed the appeal on the
grounds that the parties subsequently entered into a settlement agreement,
wherein the agency agreed to rescind the removal.
Complainant maintains that he filed the instant complaint because on
January 2, 2003, he found out that a police officer (White), who was found
to be unable to perform the duties of a police officer, was reassigned
to a clerk position within the Police Service. Complainant admits on
appeal that his new complaint only concerns new evidence. Upon review,
the Commission finds that complainant's finding of new evidence which
may or may not support the alleged incident does not constitute a new
processable action.
Accordingly, the agency's decision dismissing the complaint is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
The Commission may, in its discretion, reconsider the decision in this
case if the complainant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. The appellate decision involved a clearly erroneous interpretation
of material fact or law; or
2. The appellate decision will have a substantial impact on the policies,
practices, or operations of the agency.
Requests to reconsider, with supporting statement or brief, must be filed
with the Office of Federal Operations (OFO) within thirty (30) calendar
days of receipt of this decision or within twenty (20) calendar days of
receipt of another party's timely request for reconsideration. See 29
C.F.R. � 1614.405; Equal Employment Opportunity Management Directive for
29 C.F.R. Part 1614 (EEO MD-110), 9-18 (November 9, 1999). All requests
and arguments must be submitted to the Director, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. In the absence of a legible postmark, the
request to reconsider shall be deemed timely filed if it is received by
mail within five days of the expiration of the applicable filing period.
See 29 C.F.R. � 1614.604. The request or opposition must also include
proof of service on the other party.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely, unless extenuating circumstances
prevented the timely filing of the request. Any supporting documentation
must be submitted with your request for reconsideration. The Commission
will consider requests for reconsideration filed after the deadline only
in very limited circumstances. See 29 C.F.R. � 1614.604(c).
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (S0900)
You have the right to file a civil action in an appropriate United States
District Court within ninety (90) calendar days from the date that you
receive this decision. If you file a civil action, you must name as
the defendant in the complaint the person who is the official agency head
or department head, identifying that person by his or her full name and
official title. Failure to do so may result in the dismissal of your
case in court. "Agency" or "department" means the national organization,
and not the local office, facility or department in which you work. If you
file a request to reconsider and also file a civil action, filing a civil
action will terminate the administrative processing of your complaint.
RIGHT TO REQUEST COUNSEL (Z1199)
If you decide to file a civil action, and if you do not have or cannot
afford the services of an attorney, you may request that the Court appoint
an attorney to represent you and that the Court permit you to file the
action without payment of fees, costs, or other security. See Title VII
of the Civil Rights Act of 1964, as amended, 42 U.S.C. � 2000e et seq.;
the Rehabilitation Act of 1973, as amended, 29 U.S.C. �� 791, 794(c).
The grant or denial of the request is within the sole discretion of
the Court. Filing a request for an attorney does not extend your time
in which to file a civil action. Both the request and the civil action
must be filed within the time limits as stated in the paragraph above
("Right to File A Civil Action").
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
March 5, 2004
__________________
Date