0120132060
08-30-2013
Leland Cogdell, Jr., Complainant, v. Daniel M. Tangherlini, Administrator, General Services Administration, Agency.
Leland Cogdell, Jr.,
Complainant,
v.
Daniel M. Tangherlini,
Administrator,
General Services Administration,
Agency.
Appeal No. 0120132060
Agency No. 07COXTC1
DISMISSAL OF APPEAL
By Notice of Appeal postmarked April 26, 2013, Complainant filed an appeal with this Commission.
Information in the record indicates that Complainant filed an EEO complaint. The matter went for a hearing and on April 22, 2010, the Administrative Judge (AJ) determined that the Agency discriminated against Complainant when it failed to reasonably accommodate him and retaliated against him. The Agency adopted the Order of the AJ in its decision dated July 21, 2010, and informed Complainant that it was implementing the AJ's decision. The AJ ordered the Agency to pay Complainant $30,000 in non-pecuniary damages and to take proof of pecuniary damages. In its decision the Agency determined that Complainant was entitled to $6,868.20 in pecuniary damages, as well as the $30,000 in non-pecuniary damages. Complainant also received attorney's fees and the restoration of some leave. On August 19, 2010, the parties entered into a settlement agreement wherein Complainant was entitled to $20,000 in non pecuniary damages and $17,133.87 in pecuniary damages, among other provisions.
On March 22, 2013 Complainant filed a breach allegation with the Agency. Therein Complainant explained that the Agency incorrectly reported compensatory damages to the Internal Revenue System (IRS) in 2011. Complainant noted that the IRS corrected the errors. Complainant stated that the Agency's "let him sort it out with the IRS approach is awful customer service." Complainant also stated that he read an article in February 2013 regarding the same thing happening with other people in other agencies. Thus, he wanted the Agency (GSA) to audit compensatory damages paid to all employees to ensure that they were properly identified on IRS forms. Complainant viewed the matter as a Fast Track Suggestion. There is no indication that the Agency responded to Complainant. The Agency sent the Commission the underlying complaint file. In the interest of judicial efficiency we will address the matter.
In his appeal dated April 24, 2013, Complainant states he has not heard from the Agency and felt that improperly recording his compensatory damages was reprisal.
Complainant does not appear to be alleging that the Agency failed to pay him. Rather, he stated that in 2011 - more than 2 years ago - the Agency improperly reported his compensatory damages on an IRS form. Complainant states that the IRS remedied the matter. Complainant wants the Agency to look into the compensatory damages awarded to other employees to make sure it was properly reported.
We find that Complainant is not alleging a breach of the agreement - and if he is such an allegation is untimely raised. Reading an article about employees in another Agency simply does not give rise to the instant matter. If other employees had a similar issue within the instant agency, they should raise it on their own with IRS. Thus, there is nothing for the Commission to review in the instant appeal.
Accordingly, Complainant's April 26, 2013 appeal is hereby dismissed. See 29 C.F.R. � 1614.403(c).
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
August 30, 2013
__________________
Date
2
0120132060
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Office of Federal Operations
P.O. Box 77960
Washington, DC 20013
2
0120132060