05A21036_r
12-06-2002
Cleveland B. Sparrow, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Cleveland B. Sparrow v. Department of the Navy
05A21036
December 6, 2002
.
Cleveland B. Sparrow,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Request No. 05A21036
Appeal No. 01A02219
DENIAL OF REQUEST FOR RECONSIDERATION
Complainant initiated a request to reconsider with the Equal Employment
Opportunity Commission on July 23, 2002. EEOC Regulations provide that
the Commission may, in its discretion, 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 Commission, on June 15, 2001, administratively closed an �appeal�
filed by complainant. The Commission found that it had �inadvertently
docketed a January 27, 2000 letter from [complainant] concerning a
previous EEO complaint as a new appeal.� The Commission further stated:
�Upon review, we find that [complainant does] not have any matters
presently pending before the EEOC.�
In his request for reconsideration, complainant refers to a July 16, 2002
decision. However, complainant failed to provide a copy of the decision
or any other document indicating that such an EEO complaint ever existed.
Furthermore, the agency has asserted that no such decision was issued on
that date and no current EEO complaint is pending before the agency or
has been recently decided by the agency for which complainant may have
filed an appeal. Therefore, we find that complainant has not shown that
there are any EEO matters from which he is appealing.
After a review of complainant's request for reconsideration, the previous
matter, 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. There is no further
right of administrative appeal on the decision of the Commission on this
request for reconsideration.
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
December 6, 2002
__________________
Date