05990619
10-14-1999
Lori S. Fernandez, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
Lori S. Fernandez v. Department of the Army
05990619
October 14, 1999
Lori S. Fernandez, )
Appellant, )
)
v. ) Request No. 05990619
) Appeal No. 01983368
Louis Caldera, ) Agency No. 09709H0200
Secretary, )
Department of the Army, )
Agency. )
______________________________)
DISMISSAL OF REQUEST FOR RECONSIDERATION
On April 16, 1999, Lori S. Fernandez (appellant) initiated a request
to the Equal Employment Opportunity Commission (EEOC) to reconsider the
decision in Fernandez v. Department of the Army, EEOC Appeal No. 01983368
(March 18, 1999). EEOC Regulations provide that the Commissioners may,
in their discretion, reconsider any previous Commission decision.
29 C.F.R. �1614.407(a).
The record indicates appellant was removed from her position as a
General Supply Specialist for misuse of her agency issued credit
card. Appellant appealed her removal to the Merit Systems Protection
Board (MSPB), which changed the removal to a demotion to a lower graded
non-supervisory position, in any event no lower than GS-5. Appellant
eventually filed a petition for review of the MSPB decision seeking review
by the Commission on her discrimination claims. In its decision, the
Commission concurred with the MSPB and found there was no discrimination
or reprisal. Fernandez v. Dept. of the Army, EEOC Petition No. 03980107
(September 21, 1998). Appellant was reinstated to a GS-5 position. Feeling
that the agency had not completely complied with the MSPB order, appellant
filed a petition for enforcement with the Board. Appellant also filed an
EEO complaint which is at issue herein, complaining that the agency had
not complied with the MSPB order. The agency dismissed the matter because
the matter was before the MSPB, and the previous decision affirmed. In
her request for reconsideration, appellant continues to complain about
the interim relief and the way in which the agency complied with the
MSPB order.
On July 27, 1999, the agency submitted papers indicating appellant
filed civil action No. 3 99 0529 in the U.S. District Court for the
Middle District of Tennessee on June 17, 1999. A review of the documents
indicates that the civil action encompasses the allegations included
in the instant complaint. In accordance with 29 C.F.R. �1614.410 the
filing of the civil action terminates the Commission's processing of
this matter.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
October 14, 1999
_______________ ______________________________
Date Frances M. Hart
Executive Officer
Executive Secretariat