05A00105
03-19-2002
Michael R. Ward, Complainant, v. Michael K. Powell, Chairman, Federal Communications Commission, Agency.
Michael R. Ward v. Federal Communications Commission
05A00105
03-19-02
.
Michael R. Ward,
Complainant,
v.
Michael K. Powell,
Chairman,
Federal Communications Commission,
Agency.
Request No. 05A00105
Appeal No. 01976398
Agency No. FCC-95-1
DISMISSAL OF REQUEST FOR RECONSIDERATION
On November 1, 1999, complainant initiated a request to the Equal
Employment Opportunity Commission to reconsider the decision in
Michael R. Ward v. William E. Kennard, Chairman, Federal Communications
Commission, EEOC Appeal No. 01976398 (October 1, 1999). On March 1, 2000,
complainant filed a civil action (identified as Civil Action No. 00-0419
(RMU)) in the United States District Court for the District of Columbia.
The record further discloses that the claims raised therein are the
same as those raised in the instant complaint. The regulation found at
29 C.F.R. � 1614.409 provides that the filing of a civil action "shall
terminate Commission processing of the appeal." Commission regulations
mandate dismissal of the EEO complaint under these circumstances so as to
prevent a complainant from simultaneously pursuing both administrative and
judicial remedies on the same matters, wasting resources, and creating
the potential for inconsistent or conflicting decisions, and in order
to grant due deference to the authority of the federal district court.
See Stromgren v. Department of Veterans Affairs, EEOC Request No. 05891079
(May 7, 1990); Sandy v. Department of Justice, EEOC Appeal No. 01893513
(October 19, 1989); Kotwitz v. USPS, EEOC Request No. 05880114 (October
25, 1988). Accordingly, complainant's request for reconsideration is
hereby dismissed. See 29 C.F.R. � 1614.409.
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
__03-19-02________________
Date