01a20113_r
02-22-2002
Luis A. Perez v. Department of the Treasury 01A20113 February 22, 2002 .Luis A. Perez, Complainant, v. Paul H. O'Neill, Secretary, Department of the Treasury, Agency.
Luis A. Perez v. Department of the Treasury
01A20113
February 22, 2002
.Luis A. Perez,
Complainant,
v.
Paul H. O'Neill,
Secretary,
Department of the Treasury,
Agency.
Appeal No. 01A20113
Agency No. 99-2016
Hearing No. 150-99-8600X
DECISION
Complainant timely appealed the agency's decision not to reinstate
his complaint of unlawful employment discrimination that the parties
had settled. EEOC Regulation 29 C.F.R. � 1614.504 provides that if the
complainant believes that the agency failed to comply with the terms of
a settlement agreement, the complainant should notify the Director of
Equal Employment Opportunity, in writing, of the alleged noncompliance
with the settlement agreement, within thirty (30) days of when the
complainant knew or should have known of the alleged noncompliance.
The complainant may request that the terms of the settlement agreement
be specifically implemented or, alternatively, that the complaint be
reinstated for further processing from the point processing ceased.
The record indicates that on October 19, 2000, the parties entered into
a settlement agreement resolving complainant's complaint. The settlement
agreement provided, in pertinent part, that:
The agency agrees to appoint the Complainant as a Marine Enforcement
Officer, GS-7, in Miami, Florida, subject to the following conditions:
Successful completion of all pre-appointment requirements including, but
not limited to, the background investigation and the medical requirements.
Successful completion of Marine Enforcement Officer training.
Thereafter, on June 13, 2001, complainant's attorney received the
agency's letter dated June 5, 2001, indicating that complainant had been
found medically disqualified to perform the duties of the position for
which he had been tentatively selected, i.e., as a Marine Enforcement
Officer, and, thus, the tentative offer for that position was rescinded.
Complainant's attorney sent a letter dated July 13, 2001, postmarked July
14, 2001, to the Director of the Office of Equal Opportunity Program in
the agency, alleging that the agency breached the settlement agreement.
Complainant filed the instant appeal when the agency failed to respond the
alleged breach. In response to complainant's appeal, the agency contends
that complainant's July 14, 2001 notice of the alleged noncompliance
was untimely, and it did not breach the settlement agreement.
Upon review of the record, the Commission finds that complainant's
attorney knew of the alleged breach of the settlement agreement on June
13, 2001, when he received the agency's June 5, 2001 letter informing him
of complainant's nonselection to the Marine Enforcement Officer position
under the settlement agreement. However, complainant's attorney did
not notify the Director of the Office of Equal Opportunity Program in
the agency of the alleged noncompliance until July 14, 2001, which was
beyond the 30-day time limitation. Accordingly, the agency's decision
not to reinstate the settled matters 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
February 22, 2002
__________________
Date