05990167
11-04-1999
Samuel St. John, Appellant, v. Lawrence H. Summers, Secretary, Department of the Treasury, (U.S. Customs Service), Agency.
Samuel St. John, )
Appellant, )
)
v. ) Request No. 05990167
) Appeal No. 01976219
Lawrence H. Summers, ) Agency No. 97-1256
Secretary, )
Department of the Treasury, )
(U.S. Customs Service), )
Agency. )
)
DENIAL OF REQUEST TO RECONSIDER
On November 18, 1998, the agency (�agency�) timely initiated a request
to the Equal Employment Opportunity Commission (the Commission) to
reconsider the decision in St. John v. Department of the Treasury, EEOC
Appeal No. 01976219 (October 27, 1998). EEOC regulations provide that the
Commissioners may, in their discretion, reconsider any previous Commission
decision. 29 C.F.R. �1614.407(a). The party requesting reconsideration
must submit written argument or evidence which tends to establish one
or more of the following three criteria: new and material evidence is
available that was not readily available when the previous decision
was issued, 29 C.F.R. �1614.407(c)(1); the previous decision involved
an erroneous interpretation of law or regulation, or material fact,
or a misapplication of established policy, 29 C.F.R. �1614.407(c)(2);
and the decision is of such exceptional nature as to have substantial
precedential implications, 29 C.F.R. �1614.407(c)(3).
After a review of the agency's request to reconsider, the previous
decision, and the entire record, the Commission finds that the request
fails to meet the criteria of 29 C.F.R. �1614.407(c), and it is the
decision of the Commission to deny the request. The decision in
EEOC Appeal No. 01976219 (October 27, 1998) remains the Commission's
final decision. The agency shall comply with the ORDER in the previous
decision, as restated below. There is no further right of administrative
appeal on the decision of the Commission on this Request to Reconsider.
ORDER (E1092)
The agency shall supplement the record with an affidavit from the Special
Assistant to the Commissioner of the U.S. Customs Service addressing
the following:
1. Whether appellant and the Special Assistant discussed any of the
dismissed matters in the complaint prior to April 21, 1997;
The date such conversations occurred;
The nature of such conversations; and
Whether appellant was informed of his EEO rights during such
conversations or as a result of such conversations.
Thereafter, the agency shall determine whether the dismissed portion
of the complaint was timely raised with an EEO Counselor. Within 60
days of the date this decision becomes final, the agency shall issue a
letter to appellant accepting the remanded allegations for investigation
and/or issue a new decision dismissing the remanded allegations. A copy
of the agency's letter accepting the remanded allegations and/or a copy
of the new decision dismissing the remanded allegations must be sent to
the Compliance Officer referenced herein.
IMPLEMENTATION OF THE COMMISSION'S DECISION (K0595)
Compliance with the Commission's corrective action is mandatory. The
agency shall submit its compliance report within thirty (30) calendar
days of the completion of all ordered corrective action. The report
shall be submitted to the Compliance Officer, Office of Federal
Operations, Equal Employment Opportunity Commission, P.O. Box 19848,
Washington, D.C. 20036. The agency's report must contain supporting
documentation, and the agency must send a copy of all submissions to
the appellant. If the agency does not comply with the Commission's
order, the appellant may petition the Commission for enforcement of
the order. 29 C.F.R. �1614.503(a). The appellant also has the right to
file a civil action to enforce compliance with the Commission's order
prior to or following an administrative petition for enforcement. See
29 C.F.R. ��1614.408, 1614.409, and 1614.503(g). Alternatively, the
appellant has the right to file a civil action on the underlying complaint
in accordance with the paragraph below entitled "Right to File A Civil
Action." 29 C.F.R. ��1614.408 and 1614.409. A civil action for enforcement
or a civil action on the underlying complaint is subject to the deadline
stated in 42 U.S.C. �2000e-16(c) (Supp. V 1993). If the appellant files
a civil action, the administrative processing of the complaint, including
any petition for enforcement, will be terminated. See 29 C.F.R. �1614.410.
RIGHT TO FILE A CIVIL ACTION (R0993)
This is a decision requiring the agency to continue its administrative
processing of your complaint. However, if you wish to file a civil
action, you have the right to file such action in an appropriate United
States District Court. 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. In the alternative,
you may file a civil action AFTER ONE HUNDRED AND EIGHTY (180) CALENDAR
DAYS of the date you filed your complaint with the agency, or filed your
appeal with the Commission. 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.
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:
November 4, 1999
_______________ ___________________________________
DATE Frances M. Hart
Executive Officer
Executive Secretariat