01A05124
12-15-2000
Frances I. Koeltzow, Complainant, v. Hershel W. Gober, Acting Secretary, Department of Veterans Affairs, Agency.
Frances I. Koeltzow v. Department of Veterans Affairs
01A05124
December 15, 2000
.
Frances I. Koeltzow,
Complainant,
v.
Hershel W. Gober,
Acting Secretary,
Department of Veterans Affairs,
Agency.
Appeal No. 01A05124
Agency No. 200J-624
DECISION
Complainant timely filed an appeal with this Commission from an agency
decision pertaining to her complaint of unlawful employment discrimination
in violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, 42 U.S.C. � 2000e et seq.<1> The Commission accepts the
appeal in accordance with 29 C.F.R. � 1614.405.
On May 18, 2000, complainant filed a formal complaint regarding �what can
only be described as deliberate mis-handling of my EEO complaint....�
In her complaint, complainant asserts that during the processing of
a complaint filed on March 22, 2000, the EEO Counselor provided her
with inaccurate telephone numbers; ignored her requests for anonymity;
failed to meet time limitations; and told her that she was unable to
file a complaint against the Office of Resolution Management or against
her EEO Counselor.
On June 30, 2000, the agency issued a decision dismissing the complaint
pursuant to 29 C.F.R. � 1614.107(a)(8), on the grounds that it alleged
dissatisfaction with the processing of a previously filed complaint.
The agency determined that complainant described several problems with the
EEO Counselor's conduct during the processing of her prior complaint,
including the Counselor's purported seven-day delay in contacting
her following her initial request for counseling; the Counselor's
purported error in calling complainant at work and identifying herself
to complainant's supervisor after complainant requested anonymity; and
the Counselor's purported failure to meet the time limits prescribed
by the regulations. In addition, complainant claimed that the EEO
office failed to provide her with a toll free phone number and that
she had to pay for all mailings and faxes. The agency determined that
complainant expressed her concerns to the EEO Counselor and the Acting
Deputy Regional EEO Officer, and that they were attempting to address
the problems. In addition, the agency noted that a letter of apology
was issued to complainant.
EEOC Regulation 29 C.F.R. � 1614.107(a)(8) provides that the agency shall
dismiss a complaint that alleges dissatisfaction with the processing
of a previously filed complaint. Under the Commission regulation, the
agency is required to dismiss claims of improper processing. When such
claims are raised, as in the instant complaint, the complainant should be
referred to the agency official responsible for the quality of complaint
processing, and the agency should earnestly attempt to resolve any
dissatisfaction with the complaint process as early and expeditiously
as possible. See EEOC - Management Directive 110 (MD 110) 5-25,
(Nov. 9, 1999).
Here, the Acting Field Manager asserted that she attempted to resolve the
issues with complainant by reviewing the matter with the EEO Counselor
and by issuing complainant a letter of apology. When the efforts
failed, and complainant insisted on filing a complaint on the matter,
her case was transferred to another EEO office. In addition, we note
that complainant's March 22, 2000 complaint, the subject of the instant
complaint, was accepted by the agency on May 3, 2000. In conclusion,
we agree with the agency that the formal complaint process was the
inappropriate forum for complainant to present her dissatisfaction with
the processing of her earlier complaint. Complainant is advised that
if the agency fails to informally resolve the concerns regarding the
processing of the complaint filed on March 22, 2000, complainant may
present them to the EEOC either when the complaint of March 22, 2000 is
under the jurisdiction of an EEOC Administrative Judge or, if she does
not request a hearing, to the EEOC Office of Federal Operations if and
when she files an appeal
Accordingly, we find that the agency's decision dismissing the complaint
for alleging dissatisfaction with the processing of a previously filed
complaint, was proper and is hereby AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0900)
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
December 15, 2000
__________________
Date
1On November 9, 1999, revised regulations governing the EEOC's federal
sector complaint process went into effect. These regulations apply to all
federal sector EEO complaints pending at any stage in the administrative
process. Consequently, the Commission will apply the revised regulations
found at 64 Fed. Reg. 37,644 (1999), where applicable, in deciding the
present appeal. The regulations, as amended, may also be found at the
Commission's website at www.eeoc.gov.