0520090008
11-06-2008
Chad S. Scherr, Complainant, v. Linda M. Springer, Director, Office of Personnel Management, Agency.
Chad S. Scherr,
Complainant,
v.
Linda M. Springer,
Director,
Office of Personnel Management,
Agency.
Request No. 0520090008
Appeal No. 0120082862
Agency No. 2008003
DENIAL
Complainant timely requested reconsideration of the decision in Chad
S. Scherr v. Office of Personnel Management, EEOC Appeal No. 0120082862
(August 21, 2008). 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).
The previous decision affirmed the dismissal of complainant's complaint on
the grounds that it alleged dissatisfaction with the agency's processing
of a previously filed complaint, and the Commission already addressed
his dissatisfaction claims in Scherr v. Office of Personnel Management,
EEOC Appeal No. 0120080529 (March 28, 2008).1
On request, complainant states that despite his previous request to
the Commission for a complete copy of all papers the agency sent the
Commission in his case, he has not received them. He wants to ensure
that the Commission received a complete "unaltered" copy of the file,
with no omissions or falsifications, and asks that processing of his
case be placed on hold until the Commission provides him the papers.
Complainant does not contest the previous decision's characterization
of his claim.
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. Complainant does not explain with any specificity how receiving
a copy of the complaint file could potentially lead to information
that would satisfy the criteria for reconsideration, and we can discern
none, given the reasons the previous decision affirmed the dismissal of
the complaint. The decision in EEOC Appeal No. 0120082862 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 (P0408)
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 (Z1008)
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 from the Court that
the Court appoint an attorney to represent you and that the Court also
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 with
the Court 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
November 6, 2008
__________________
Date
1 The Commission denied complainant's request to reconsider this decision.
EEOC Request No. 0520080468 (July 15, 2008).
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0520090008
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P. O. Box 19848
Washington, D.C. 20036
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0520090008