05A20337_05A20338
04-25-2002
Randolph S. Koch, Complainant, v. Harvey L. Pitt, Chairman, Securities and Exchange Commission, Agency.
Randolph S. Koch v. Securities and Exchange Commission
05A20337, 05A20338, and 05A20339
April 25, 2002
.
Randolph S. Koch,
Complainant,
v.
Harvey L. Pitt,
Chairman,
Securities and Exchange Commission,
Agency.
Request Nos. 05A20337, 05A20338, and 05A20339
Appeal Nos. 01A04600, 01A05012, and 01A01083
Agency Nos. 28-96 and 18-99, 50-96 and 51-97, and 04-96
DENIAL OF REQUEST FOR RECONSIDERATION
Randolph S. Koch (�complainant�) timely initiated three separate
requests to the U.S. Equal Employment Opportunity Commission (�EEOC� or
�Commission�) to reconsider our earlier consolidated decision in Randolph
S. Koch v. Securities and Exchange Commission, EEOC Appeal No. 01A04600,
01A05012, and 01A01083 (Dec. 21, 2001). 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).
After a review of complainant's requests for reconsideration, the previous
decision, and the entire record, the Commission finds that each of these
three requests fails to meet the criteria of 29 C.F.R. � 1614.405(b),
and it is the decision of the Commission to deny these requests.
All arguments raised by complainant in his requests for reconsideration
were considered and rejected in deciding our earlier ruling. Thus, the
decision in EEOC Appeal No. 01A04600, 01A05012, and 01A01083 (Dec. 21,
2001) remains this Commission's final decision. There is no further
right of administrative appeal on the decision of the Commission on
these requests 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
entitled �Right to File A Civil Action.�
FOR THE COMMISSION:
______________________________
Carlton M. Hadden, Director
Office of Federal Operations
April 25, 2002
__________________
Date