Frances I. Koeltzow, Complainant,v.Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.

Equal Employment Opportunity CommissionDec 15, 2000
01A05124 (E.E.O.C. Dec. 15, 2000)

01A05124

12-15-2000

Frances I. Koeltzow, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.


Frances I. Koeltzow v. Department of Veterans Affairs

01A05124

December 15, 2000

.

Frances I. Koeltzow,

Complainant,

v.

Hershel W. Gober,

Acting Secretary,

Department of Veterans Affairs,

Agency.

Appeal No. 01A05124

Agency No. 200J-624

DECISION

Complainant timely filed an appeal with this Commission from an agency

decision pertaining to her complaint of unlawful employment discrimination

in violation of Title VII of the Civil Rights Act of 1964 (Title VII),

as amended, 42 U.S.C. � 2000e et seq.<1> The Commission accepts the

appeal in accordance with 29 C.F.R. � 1614.405.

On May 18, 2000, complainant filed a formal complaint regarding �what can

only be described as deliberate mis-handling of my EEO complaint....�

In her complaint, complainant asserts that during the processing of

a complaint filed on March 22, 2000, the EEO Counselor provided her

with inaccurate telephone numbers; ignored her requests for anonymity;

failed to meet time limitations; and told her that she was unable to

file a complaint against the Office of Resolution Management or against

her EEO Counselor.

On June 30, 2000, the agency issued a decision dismissing the complaint

pursuant to 29 C.F.R. � 1614.107(a)(8), on the grounds that it alleged

dissatisfaction with the processing of a previously filed complaint.

The agency determined that complainant described several problems with the

EEO Counselor's conduct during the processing of her prior complaint,

including the Counselor's purported seven-day delay in contacting

her following her initial request for counseling; the Counselor's

purported error in calling complainant at work and identifying herself

to complainant's supervisor after complainant requested anonymity; and

the Counselor's purported failure to meet the time limits prescribed

by the regulations. In addition, complainant claimed that the EEO

office failed to provide her with a toll free phone number and that

she had to pay for all mailings and faxes. The agency determined that

complainant expressed her concerns to the EEO Counselor and the Acting

Deputy Regional EEO Officer, and that they were attempting to address

the problems. In addition, the agency noted that a letter of apology

was issued to complainant.

EEOC Regulation 29 C.F.R. � 1614.107(a)(8) provides that the agency shall

dismiss a complaint that alleges dissatisfaction with the processing

of a previously filed complaint. Under the Commission regulation, the

agency is required to dismiss claims of improper processing. When such

claims are raised, as in the instant complaint, the complainant should be

referred to the agency official responsible for the quality of complaint

processing, and the agency should earnestly attempt to resolve any

dissatisfaction with the complaint process as early and expeditiously

as possible. See EEOC - Management Directive 110 (MD 110) 5-25,

(Nov. 9, 1999).

Here, the Acting Field Manager asserted that she attempted to resolve the

issues with complainant by reviewing the matter with the EEO Counselor

and by issuing complainant a letter of apology. When the efforts

failed, and complainant insisted on filing a complaint on the matter,

her case was transferred to another EEO office. In addition, we note

that complainant's March 22, 2000 complaint, the subject of the instant

complaint, was accepted by the agency on May 3, 2000. In conclusion,

we agree with the agency that the formal complaint process was the

inappropriate forum for complainant to present her dissatisfaction with

the processing of her earlier complaint. Complainant is advised that

if the agency fails to informally resolve the concerns regarding the

processing of the complaint filed on March 22, 2000, complainant may

present them to the EEOC either when the complaint of March 22, 2000 is

under the jurisdiction of an EEOC Administrative Judge or, if she does

not request a hearing, to the EEOC Office of Federal Operations if and

when she files an appeal

Accordingly, we find that the agency's decision dismissing the complaint

for alleging dissatisfaction with the processing of a previously filed

complaint, was proper and is hereby AFFIRMED.

STATEMENT OF RIGHTS - ON APPEAL

RECONSIDERATION (M0900)

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

December 15, 2000

__________________

Date

1On November 9, 1999, revised regulations governing the EEOC's federal

sector complaint process went into effect. These regulations apply to all

federal sector EEO complaints pending at any stage in the administrative

process. Consequently, the Commission will apply the revised regulations

found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the

present appeal. The regulations, as amended, may also be found at the

Commission's website at www.eeoc.gov.