01A21101_r
04-03-2002
Richard Sumner, Complainant, v. Gordon R. England, Secretary, Department of the Navy, Agency.
Richard Sumner v. Department of the Navy
01A21101
April 3, 2002
.
Richard Sumner,
Complainant,
v.
Gordon R. England,
Secretary,
Department of the Navy,
Agency.
Appeal No. 01A21101
Agency Nos. DON-98-00183-004, DON-98-00183-005, DON-99-00183-006R,
DON-99-00183-008R, DON-99-00183-36R, DON-01-00183-058, DON-99-00183-059R,
DON-99-00183-070R, DON-00-00183-043R, DON-00-00183-060
DECISION
Complainant filed a timely appeal with this Commission from a final
decision by the agency dated December 14, 2001, finding that it was in
compliance with the terms of the August 31, 2001 settlement agreement
into which the parties entered.
The settlement agreement provided, in pertinent part, that:
The Agency agrees to pay Complainant a lump sum payment of $25,000.00
total. The parties agree this sum represents total and complete
settlement of all money issues payable to the Complainant and his Attorney
in this matter.
By letter to the agency dated November 14, 2001, complainant claimed that
the agency failed to comply with the settlement agreement. Specifically,
complainant claimed that the agency did not pay complainant $25,000.00,
to which he was entitled under the agreement.
In the agency's December 14, 2001 decision, the agency concluded that it
had complied with the terms of the settlement agreement and initiated
payment by submitting a Public Voucher for Purchases and Services Other
Than Personal to the Defense Finance and Accounting Office (DFAS) on
September 10, 2001. The agency claimed that until October 17, 2001,
it was unaware that complainant had not been paid. Additionally, in its
response to complainant's appeal, the agency states that by December 19,
2001, complainant's representative received the agency's payment.
With regard to complainant's claim that the agency failed to comply
with the settlement agreement by not providing him with the $25,000.00
payment, we find that the agency has now complied with this provision
of the agreement. The record reveals, however, that complainant did
not receive the payment until December 19, 2001, which was more than
three months after the agreement was entered into by the parties.
The Commission notes that the settlement agreement did not provide
for the payment of $25,000.00 be made within a certain time period. If
complainant wanted the payment by a certain time, then he should have
included such a provision in the settlement agreement. We do not find
the period of between three and four months for payment to be made to
be unreasonable, and, we find that complainant is not entitled to any
additional attorney's fees as a result of the delay.
Accordingly, the agency's decision finding that it complied with the
August 31, 2001 settlement agreement is AFFIRMED.
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
April 3, 2002
__________________
Date