05a60630
05-16-2006
Stanley Sackeyfio, Complainant, v. Mike Johanns, Secretary, Department of Agriculture, Agency.
Stanley Sackeyfio v. Department of Agriculture
05A60630
05-16-06
.
Stanley Sackeyfio,
Complainant,
v.
Mike Johanns,
Secretary,
Department of Agriculture,
Agency.
Request No. 05A60630
Appeal No. 01A45763
Agency No. 000544
DENIAL
Stanley Sackeyfio (complainant) timely requested reconsideration of
the decision in Stanley Sackeyfio v. Department of Agriculture, EEOC
Appeal No. 01A45763 (April 7, 2006). EEOC Regulations provide that
the Commission may, in its discretion, grant a request to reconsider any
previous Commission decision where the requesting party demonstrates 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. See 29 C.F.R. � 1614.405(b).
Complainant's appeal was dismissed by the Commission in Sackeyfio
v. Department of Agriculture, EEOC Appeal No. 01A45763 (April 7, 2006).
In this underlying appeal, the Commission determined that complainant's
appeal was untimely. The Commission found that the record revealed
that complainant received the agency's final decision (FAD) at his
address of record on July 9, 2004. The agency appropriately informed
complainant that he had thirty (30) calendar days from the receipt of
the FAD to file an appeal with the Commission. We found that in order
for complainant's appeal to have been timely, he would have had to file
his appeal no later than August 8, 2004. However, the record revealed
that complainant did not file his appeal until September 1, 2004.
Since complainant failed to proffer an adequate justification for the
delay, the Commission dismissed the appeal.
In his request for reconsideration, complainant reiterates the argument
that he made in the appeal; namely that the EEOC Form 573 (the form)
was not attached to the FAD that he received, and therefore, he could
not file his appeal in a timely manner. Complainant further states
that he received a copy of the form on August 2, 2004, from the agency's
Office of Civil Rights. However, we remind complainant that a �request
for reconsideration is not a second appeal to the Commission.� Equal
Employment Opportunity Management Directive for 29 C.F.R. Part 1614,
9-17 (November 9, 1999). Moreover, we find that complainant has failed
to demonstrates that the appellate decision involved a clearly erroneous
interpretation of material fact or law, or the appellate decision will
have a substantial impact on the policies, practices, or operations of
the agency. Complainant stated that he was provided a copy of the form
on August 2, 2004. Complainant had six days to file his appeal with
the Commission but failed to articulate why he was unable to do so.
Complainant also argues in his request for reconsideration that he
filed his appeal on August 30, 2004, however, we note that complainant
has failed to offer any proof that this is the case. In any event,
complainant's appeal would have still been untimely since it was filed
after August 8, 2004. We note that the thirty (30) days begins on the
day that complainant received the FAD and not the form.
Therefore, after reconsidering the previous decision and the entire
record, the Commission finds that the request fails to meet the criteria
of 29 C.F.R. � 1614.405(b), and it is the decision of the Commission to
deny the request. The decision in EEOC Appeal No. 01A45763 remains the
Commission's final decision. There is no further right of administrative
appeal on the decision of the Commission on this request.
COMPLAINANT'S RIGHT TO FILE A CIVIL ACTION (P0900)
This decision of the Commission is final, and there is no further right
of administrative appeal from the Commission's decision. 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.
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
____05-16-06______________
Date