01A30870_r
03-26-2003
Richard E. Spriggs, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Richard E. Spriggs v. Department of the Army
01A30870
March 26, 2003
.
Richard E. Spriggs,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A30870
Agency No. ARHQOSA02MAY0002
DECISION
Complainant appealed to this Commission from the agency's October 11,
2002 dismissal of his employment discrimination complaint. Therein,
complainant alleged discrimination on the bases of disability (major
depression, post traumatic stress disorder), age, and reprisal for prior
EEO activity when:
On November 27, 2001 through January 18, 2002, the investigations of
his and his wife's EEO complaints were not consolidated for processing.
The EEO Office at Ft. Meade, Maryland was improperly involved in the
processing of his complaints at the investigative stage.
The agency made no good faith effort to negotiate settlement of his or
his wife's complaints.
On January 16, 2002, the Office of Staff Judge Advocate at Ft. Meade,
Maryland, attempted to intimidate complainant's witnesses by sending the
electronic message, �AR 72-40 prohibits present and former DA personnel
from disclosing official information in response to subpoenas, court
orders, or requests without first receiving written approval from the
Office of the Staff Judge Advocate (OSJA). Please direct any request
for information to . . . OSJA. . . .�
On April 22, 2002, complainant realized the Report of Investigation
(ROI) issued by the agency was biased and not impartial, contrary to
the requirements of Equal Employment Opportunity Management Directive
for 29 C.F.R. Part 1614 (EEO MD-110), ch.-pg. (November 9, 1999).
The agency dismissed claim (1) for failure to state a claim, pursuant to
29 C.F.R. � 1614.107(a)(1), and claims (2) - (5) for alleging harm from
the processing of a previously filed complaint, pursuant to 29 C.F.R. �
1614.107(a)(8). Complainant contends that his claim is more than a
�spin-off,� but reaches to the heart of the processing of his complaints.
The Commission finds that all of complainant's claims concern the
agency's allegedly unfair processing of his, and his wife's, previously
filed complaints. In other words, they are spin-off complaints.
Complainant should raise his concerns in the underlying complaints, not
as a separate complaint. Accordingly, the agency's dismissal 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 26, 2003
__________________
Date