05970851
03-04-1999
George C. McCoy, Appellant, v. Louis Caldera, Secretary, Department of the Army, Agency.
George C. McCoy v. Department of the Army
05970851
March 4, 1999
George C. McCoy, )
Appellant, )
) Request No. 05970851
v. ) Appeal No. 01961855
)
Louis Caldera, )
Secretary, )
Department of the Army, )
Agency. )
)
DENIAL OF REQUEST FOR RECONSIDERATION
On June 18, 1997, George C. McCoy (appellant) initiated a request to
the Equal Employment Opportunity Commission (EEOC) to reconsider
the decision in McCoy v. Dept. of the Army, EEOC Appeal No. 01961855
(September 4, 1996). EEOC Regulations provide that the Commissioners
may, in their discretion, reconsider any previous decision.
29 C.F.R. �1614.407(a) & (c).
By regulation, requests for reconsideration must be filed within thirty
(30) calendar days after the party requesting reconsideration receives our
previous decision. 29 C.F.R. �1614.407(b). Requests for reconsideration
are deemed filed on the date received by the Commission, unless postmarked
earlier.
In this case, appellant's request for reconsideration carried a postmark
date of June 18, 1997. The record reflects that appellant received our
previous decision on September 9, 1996. Thus, appellant filed his request
for reconsideration more than thirty calendar days after he received
the previous decision. In his request for reconsideration, appellant
attaches a piece of paper titled "Extenuating Circumstances". Appellant
asserts that he is untimely because (1) an EEO counselor at the agency
who was aware that his EEO counselor contact was timely passed away in
February 1996; (2) a military person would not become involved in his
complaint as evidenced by a January 1994 letter; and (3) other letters
and documents that were sent or received by appellant prior to the
issuance of the previous decision. Lastly, appellant asserts that he was
"afflicted with major depression" when he received the previous decision
and that he was being processed for disability retirement at the time,
and was not able to discuss a request for reconsideration "in a rational
manner" at the time. In response to appellant's request, the agency
filed a response, arguing that the request was untimely. In a subsequent
submission dated August 11, 1997, appellant submitted a letter dated July
14, 1997, from someone in a psychiatric service. It is not clear for what
purpose the letter was written or to whom, but the letter indicates that
appellant was receiving treatment since April 1996 and was not considered
employable at the time. The Commission notes that on August 24, 1998,
appellant submitted additional documents to the Commission. In those
submissions, appellant asserts for the first time that he submitted a
timely request to the Commission in September 1996. Appellant submits
a copy of his alleged request to the Commission as well as a letter
dated September 18, 1996 explaining his retirement. The Commission has
no record of receiving these documents previously, and notes that they
both carry original signatures. Given the circumstances of this case,
the Commission finds that appellant failed to file his request in a
timely manner. The Commission further finds that appellant was not so
incapacitated that he could not do so. As such, appellant has failed to
submit justification for extending the filing period beyond thirty days.
Accordingly, appellant's request for reconsideration is untimely and
is DENIED. The decision in EEOC Appeal No. 01961855 remains the
Commission's final decision in this matter. There is no further right
of administrative appeal from a decision of the Commission on a request
for reconsideration.
RIGHT TO FILE A CIVIL ACTION (P0993)
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.
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.
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:
Mar 4, 1999
Date Frances M. Hart
Executive Officer
Executive Secretariat