01982147
02-18-1999
Judith A. Williams, Appellant, v. Andrew M. Cuomo, Secretary, Department of Housing and Urban Development, Agency.
Judith A. Williams v. Department of Housing and Urban Development
01982147
February 18, 1999
Judith A. Williams, )
Appellant, )
)
v. ) Appeal No. 01982147
) Agency No. CH 94 14
Andrew M. Cuomo, )
Secretary, )
Department of Housing and Urban )
Development, )
Agency. )
_________________________________)
DECISION
Appellant filed the instant appeal on January 22, 1998 from the agency's
December 12, 1997 decision finding that appellant failed to timely
raise her allegation that the agency breached the settlement agreement
entered into by the parties on March 4, 1996. Although the agency
asserts that appellant's appeal is untimely, we find that the date on the
Domestic Return Receipt showing when appellant received the December 12,
1997 decision is illegible. Because the agency has failed to provide
persuasive evidence showing when appellant received the December 12, 1997
decision (and the appeal was filed in such a time so as not to barred
by the doctrine of laches), we can not find the instant appeal untimely.
EEOC Regulation 29 C.F.R. �1614.504(a) provides that any settlement
agreement knowingly and voluntarily agreed to by the parties shall be
binding on both parties. If the complainant believes that the agency
has failed to comply with the terms of a settlement agreement, then the
complainant shall notify the EEO Director of the alleged noncompliance
"within 30 days of when the complainant knew or should have known of
the alleged noncompliance." 29 C.F.R. �1614.504(a).
Appellant notified the agency by letter dated October 2, 1997 that the
agency had breached the agreement by refusing to complete processing of
certain EEO complaints filed by appellant. By letter dated July 19, 1996
appellant was informed by the Equal Employment Opportunity Officer that
"the terms of the Settlement Agreement have been implemented" and that the
agency was "closing this complaint [CH 94 14]." Appellant argues that
she was not aware that the agency's actions amounted to a breach until
September 1997 when she was informed that the agency's actions could be
considered a breach. The Commission finds that appellant knew of the
agency's actions and should have reasonably suspected breach when she
was informed that the agency had ceased processing the settled matter.
The Commission finds that appellant failed to timely raise her breach
allegation because she did not raise the breach allegation until more
than one year after she was informed that the agency was of the belief
that it had fully complied with the agreement and had closed the matter.
Therefore, we find that the agency properly refused to reinstate the
settled matter on the grounds that appellant failed to timely raise the
breach allegation.<1>
The agency's decision finding that appellant failed to timely raise her
breach allegation is AFFIRMED.
STATEMENT OF RIGHTS - ON APPEAL
RECONSIDERATION (M0795)
The Commission may, in its discretion, reconsider the decision in this
case if the appellant or the agency submits a written request containing
arguments or evidence which tend to establish that:
1. New and material evidence is available that was not readily available
when the previous decision was issued; or
2. The previous decision involved an erroneous interpretation of law,
regulation or material fact, or misapplication of established policy; or
3. The decision is of such exceptional nature as to have substantial
precedential implications.
Requests to reconsider, with supporting arguments or evidence, MUST
BE FILED WITHIN THIRTY (30) CALENDAR DAYS of the date you receive this
decision, or WITHIN TWENTY (20) CALENDAR DAYS of the date you receive
a timely request to reconsider filed by another party. Any argument in
opposition to the request to reconsider or cross request to reconsider
MUST be submitted to the Commission and to the requesting party
WITHIN TWENTY (20) CALENDAR DAYS of the date you receive the request
to reconsider. See 29 C.F.R. �1614.407. All requests and arguments
must bear proof of postmark and 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 filed on the date it is received
by the Commission.
Failure to file within the time period will result in dismissal of your
request for reconsideration as untimely. If extenuating circumstances
have prevented the timely filing of a request for reconsideration,
a written statement setting forth the circumstances which caused the
delay and 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. �l6l4.604(c).
RIGHT TO FILE A CIVIL ACTION (S0993)
It is the position of the Commission that 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.
You should be aware, however, that courts in some jurisdictions have
interpreted the Civil Rights Act of 1991 in a manner suggesting that
a civil action must be filed WITHIN THIRTY (30) CALENDAR DAYS from the
date that you receive this decision. To ensure that your civil action
is considered timely, you are advised to file it WITHIN THIRTY (30)
CALENDAR DAYS from the date that you receive this decision or to consult
an attorney concerning the applicable time period in the jurisdiction
in which your action would be filed. 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 (Z1092)
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:
Feb 18, 1999
DATE Ronnie Blumenthal, Director
Office of Federal Operations
1Appellant's argument that the agency did not settle various allegations
in the March 4, 1996 agreement is being considered by the Commission in
EEOC Appeal No. 01982148.