05a50263
01-14-2005
Darryll Stone v. Department of Housing and Urban Development
05A50263
1/14/05
.
Darryll Stone,
Complainant,
v.
Alphonso Jackson,
Acting Secretary,
Department of Housing and Urban Development,
Agency.
Request No. 05A50263
Appeal No. 01A43760
Agency No. FH0206
Hearing No. 100-2003-08099X
DENIAL
Darryll Stone (complainant) timely requested reconsideration of the
decision in Darryll Stone v. Department of Housing and Urban Development,
EEOC Appeal No. 01A43760 (October 28, 2004). EEOC Regulations
provide that the Commission may, in its discretion, grant a request
to reconsider any previous Commission decision where the requesting
party demonstrates 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. See 29 C.F.R. � 1614.405(b).
Complainant filed a formal complaint alleging discrimination on the
basis of age (D.O.B. 7/18/46), and reprisal (prior EEO activity) when:
(1) he was not selected for the position of GS-15, Director, Systems
and Technology; and (2) he was not selected for the position of GS-15,
Director, Systems and Technology after the initial selectee declined the
position. After the investigation, complainant requested a hearing before
an EEOC Administrative Judge (AJ). Finding no dispute of material fact,
the AJ issued a decision finding no discrimination. Complainant appealed
the agency's final action, and we affirmed.
In his request, complainant contends that there are credibility disputes
which need to be resolved at a hearing. Specifically, he argues that
the evidence reveals that the ranking and selecting officials were not
truthful when they stated that they had read complainant's affidavit
prior to his interview. After reconsidering the previous decision
and the entire record, the Commission finds that the request fails to
meet the criteria of 29 C.F.R. � 1614.405(b), and it is the decision
of the Commission to deny the request. Complainant failed to establish
that the prior decision involved a clearly erroneous interpretation of
material law or fact. The dispute complainant raises is not material.
Furthermore, the preponderance of the evidence in the record establishes
no dispute of material fact as to the agency's reasons for its actions.
The decision in EEOC Appeal No. 01A43760 remains the Commission's final
decision. There is no further right of administrative appeal on the
decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
1/14/05
Date