0120114183
01-31-2013
Clara M. Halmond, Complainant, v. Dr. Rebecca Blank, Acting Secretary, Department of Commerce (National Oceanic & Atmospheric Administration), Agency.
Clara M. Halmond,
Complainant,
v.
Dr. Rebecca Blank,
Acting Secretary,
Department of Commerce
(National Oceanic & Atmospheric Administration),
Agency.
Appeal No. 0120114183
Agency No. 055400127
DISMISSAL
Complainant filed an appeal with this Commission concerning her allegation of a breach of a settlement agreement.
In her appeal Complainant specifically references "Breach of Settlement, 05-54-00127"
In Hammond v. Dept. of Commerce, Appeal No. 0120090521 (March 10, 2009), we specifically addressed Complainant's breach claims, finding that there was no breach of the settlement agreement.
Complainant appears to suggest that she sought to have her breach claims further addressed by an Administrative Judge (who was dealing with a different complaint) on September 2010, but was informed that the AJ would not address her breach claims and she was advised to file in court if she wished to pursue the matter, Complainant again contacted the Agency regarding her breach allegations and the Agency noted the decision in Appeal No. 0120090521 had found that it was not in breach of the agreement.
In her appeal, Complainant seeks the appointment of an attorney and sought the right to file a civil action. The Commission's regulations do not provide for the appointment of attorneys. Complainant may file a civil action without leave from the Commission.
Further, we have already addressed Complainant's breach of settlement claims. As such, Complainant is barred by the doctrine of res judicata from pursing these claims further before the Commission.
Complainant's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0610)
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), at 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 77960, Washington, DC 20013. 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 (S0610)
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 (Z0610)
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
January 31, 2013
__________________
Date
2
0120114183
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120114183