01a53384
04-20-2006
Scilisteen Williams, Complainant, v. Michael Chertoff, Secretary, Department of Homeland Security, Agency.
Scilisteen Williams v. Department of Homeland Security
01A53384
April 20, 2006
.
Scilisteen Williams,
Complainant,
v.
Michael Chertoff,
Secretary,
Department of Homeland Security,
Agency.
Appeal No. 01A53384
Agency No. FPS-09-SANF-0301
DECISION
Complainant filed a petition to enforce the terms of the December 20,
2004 settlement agreement into which the parties entered.
The settlement agreement provided, in pertinent part, that complainant
would be paid a lump sum of $10,5000 of compensatory damages and $25,000
in attorney's fees and costs. The agency was also to restore 90 hours
of sick leave to complainant. Complainant was to be promoted to GS-12
step 10 three years prior to the effective date of the agreement as
well as any other salary and benefits she would have earned. The record
contains a stipulation dated March 18, 2005 indicating that the deadline
to enforce the settlement agreement was extended to April 4, 2005.
By letter to the Commission dated April 4, 2005, complainant alleged that
the agency was in breach of the settlement agreement, and requested that
the agency specifically implement its terms. Specifically, complainant
alleged that the agency failed to pay her the compensatory damages,
the attorney's fees, restore her sick leave, and retroactively promote
her. There is nothing to indicate that complainant filed a breach of
settlement allegation directly with the agency pursuant to 29 C.F.R. �
1614.504(a). Rather the record indicates that complainant's attorney
was in contact with the agency. Further, the record indicates that the
agency was attempting to comply with the terms of the agreement and get
the approriate paper work through channels. The agency never issued a
final agency decision on this matter. In a sense, complainant's petition
to the Commission is premature. 29 C.F.R. � 1614.504(b). Nonetheless,
the Commission finds that there is sufficient information in the record
for it to examine the matter.
The record contains information from the agency indicating that by
the middle of May 2005, everything had been paid, complainant had been
promoted, and her sick leave had been restored. The Commission finds
that although the agency did not act as required within the time frame
expected, complainant was not harmed by the delay . Thus, the Commission
finds that the agency has complied with the settlement agreement. As
such we find there is no breach of the settlement agreement.
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
April 20, 2006
__________________
Date