01A04244
08-19-2002
Johnny B. Drummond, Complainant, v. Thomas E. White, Secretary, Department of the Army, Agency.
Johnny B. Drummond v. Department of the Army
01A04244
08-19-02
.
Johnny B. Drummond,
Complainant,
v.
Thomas E. White,
Secretary,
Department of the Army,
Agency.
Appeal No. 01A04244
Agency No. 9511F0840
DISMISSAL OF APPEAL
By Notice of Appeals postmarked May 27, 2000 and September 30, 2000,
complainant filed appeals with this Commission from the January 19,
2000, and June 2, 2000 final agency decisions (FAD) dismissing his EEO
complaint of unlawful employment discrimination.<1>
On copies of EEOC's Notice of Appeal (Form 573), complainant indicated
he received the FADs on April 26, 2000 and August 29, 2000 respectively.
The agency did not introduce any evidence to indicate that complainant
received its decisions on an earlier date; therefore, we accept
complainant's assertion that he received the decisions on the dates he
indicated. A review of the FADs reveal that the agency properly advised
complainant that he had thirty (30) calendar days after receipt of its
final decisions to file his appeals with the Commission. Therefore,
in order to be considered timely, complainant had to file his appeals
no later than May 26, 2000 and September 28, 2000. Complainant has not
offered adequate justification for an extension of the applicable time
limit for filing his appeal. Accordingly, complainant's May 27, 2000
and September 30, 2000 appeals are hereby dismissed. See 29 C.F.R. �
1614.403(c).
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
____08-19-02______________
Date
1The first appeal was filed in response to the agency affirming the EEOC
AJ's denial of class certification to complainant's class complaint.
The second appeal was filed when the agency dismissed complainant's
individual complaint.