Samuel St. John, Appellant,v.Lawrence H. Summers, Secretary, Department of the Treasury, (U.S. Customs Service), Agency.

Equal Employment Opportunity CommissionNov 4, 1999
05990167 (E.E.O.C. Nov. 4, 1999)

05990167

11-04-1999

Samuel St. John, Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, (U.S. Customs Service), Agency.


Samuel St. John, )

Appellant, )

)

v. ) Request No. 05990167

) Appeal No. 01976219

Lawrence H. Summers, ) Agency No. 97-1256

Secretary, )

Department of the Treasury, )

(U.S. Customs Service), )

Agency. )

)

DENIAL OF REQUEST TO RECONSIDER

On November 18, 1998, the agency (�agency�) timely initiated a request

to the Equal Employment Opportunity Commission (the Commission) to

reconsider the decision in St. John v. Department of the Treasury, EEOC

Appeal No. 01976219 (October 27, 1998). EEOC regulations provide that the

Commissioners may, in their discretion, reconsider any previous Commission

decision. 29 C.F.R. �1614.407(a). The party requesting reconsideration

must submit written argument or evidence which tends to establish one

or more of the following three criteria: new and material evidence is

available that was not readily available when the previous decision

was issued, 29 C.F.R. �1614.407(c)(1); the previous decision involved

an erroneous interpretation of law or regulation, or material fact,

or a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);

and the decision is of such exceptional nature as to have substantial

precedential implications, 29 C.F.R. �1614.407(c)(3).

After a review of the agency's request to reconsider, the previous

decision, and the entire record, the Commission finds that the request

fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the

decision of the Commission to deny the request. The decision in

EEOC Appeal No. 01976219 (October 27, 1998) remains the Commission's

final decision. The agency shall comply with the ORDER in the previous

decision, as restated below. There is no further right of administrative

appeal on the decision of the Commission on this Request to Reconsider.

ORDER (E1092)

The agency shall supplement the record with an affidavit from the Special

Assistant to the Commissioner of the U.S. Customs Service addressing

the following:

1. Whether appellant and the Special Assistant discussed any of the

dismissed matters in the complaint prior to April 21, 1997;

The date such conversations occurred;

The nature of such conversations; and

Whether appellant was informed of his EEO rights during such

conversations or as a result of such conversations.

Thereafter, the agency shall determine whether the dismissed portion

of the complaint was timely raised with an EEO Counselor. Within 60

days of the date this decision becomes final, the agency shall issue a

letter to appellant accepting the remanded allegations for investigation

and/or issue a new decision dismissing the remanded allegations. A copy

of the agency's letter accepting the remanded allegations and/or a copy

of the new decision dismissing the remanded allegations must be sent to

the Compliance Officer referenced herein.

IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)

Compliance with the Commission's corrective action is mandatory. The

agency shall submit its compliance report within thirty (30) calendar

days of the completion of all ordered corrective action. The report

shall be submitted to the Compliance Officer, Office of Federal

Operations, Equal Employment Opportunity Commission, P.O. Box 19848,

Washington, D.C. 20036. The agency's report must contain supporting

documentation, and the agency must send a copy of all submissions to

the appellant. If the agency does not comply with the Commission's

order, the appellant may petition the Commission for enforcement of

the order. 29 C.F.R. �1614.503(a). The appellant also has the right to

file a civil action to enforce compliance with the Commission's order

prior to or following an administrative petition for enforcement. See

29 C.F.R. ��1614.408, 1614.409, and 1614.503(g). Alternatively, the

appellant has the right to file a civil action on the underlying complaint

in accordance with the paragraph below entitled "Right to File A Civil

Action." 29 C.F.R. ��1614.408 and 1614.409. A civil action for enforcement

or a civil action on the underlying complaint is subject to the deadline

stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the appellant files

a civil action, the administrative processing of the complaint, including

any petition for enforcement, will be terminated. See 29 C.F.R. �1614.410.

RIGHT TO FILE A CIVIL ACTION (R0993)

This is a decision requiring the agency to continue its administrative

processing of your complaint. However, if you wish to file a civil

action, you have the right to file such 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. In the alternative,

you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR

DAYS of the date you filed your complaint with the agency, or filed your

appeal with the Commission. 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.

Filing a civil action will terminate the administrative processing of

your complaint.

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:

November 4, 1999

_______________ ___________________________________

DATE Frances M. Hart

Executive Officer

Executive Secretariat