07A00042_r
03-04-2002
Deborah A. Broken Rope, Complainant, v. Tommy G. Thompson, Secretary, Department of Health and Human Services, Agency.
Deborah A. Broken Rope v. Department of Health and Human Services
07A00042
March 4, 2002
.
Deborah A. Broken Rope,
Complainant,
v.
Tommy G. Thompson,
Secretary,
Department of Health and Human Services,
Agency.
Appeal No. 07A00042
Agency No. IHS-010-98
Hearing No. 120-99-6525X
DISMISSAL OF APPEAL
On May 31, 2000, an EEOC Administrative Judge (AJ) issued an order for
sanctions against the agency; it required the agency to pay complainant's
attorney's fees for time spent preparing for and attending scheduled
settlement conferences. The AJ based her sanction on the agency's failure
to have an official with settlement authority present at settlement
conferences despite direct instructions otherwise, and refusal to divulge
the name of the official who had such authority. On June 21, 2000,
the AJ dismissed complainant's employment discrimination complaint,
noting that complainant had withdrawn her complaint. The AJ's order
made no reference to the sanction order, nor to the agency's obligations
to implement or appeal the sanctions order. Nonetheless, the agency
issued a final order to implement the AJ's dismissal, but not impose any
sanctions on itself. Pursuant to 29 C.F.R. � 1614.110(a), the agency
simultaneously appealed to this Commission.
The Commission finds that there are no live issues to consider on
appeal. The AJ dismissed the entire complaint, without any reference
to a continuing obligation under the sanctions order. Therefore, we
find that the AJ's dismissal of the complaint ended any obligations
the agency may have had under the sanctions order. Therefore, the
agency fully implemented the AJ's decision by dismissing the complaint.
Accordingly, the agency's appeal is DISMISSED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0701)
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), 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 19848,
Washington, D.C. 20036. 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 (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
March 4, 2002
__________________
Date