Roland Simmons v. Department of Veterans Affairs ( 2016 )


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  •                               UNITED STATES OF AMERICA
    MERIT SYSTEMS PROTECTION BOARD
    ROLAND SIMMONS,                                DOCKET NUMBER
    Appellant,                         DC-0752-14-0878-I-1
    v.
    DEPARTMENT OF VETERANS                         DATE: February 9, 2016
    AFFAIRS,
    Agency.
    Martin J. Euchler, Virginia Beach, Virginia, for the appellant.
    Timothy M. O’Boyle, Esquire, Hampton, Virginia, for the agency.
    BEFORE
    Susan Tsui Grundmann, Chairman
    Mark A. Robbins, Member
    ORDER
    ¶1        The appellant has filed a petition for review of the initial decision, which
    affirmed the agency’s indefinite suspension action.      The two Board members
    cannot agree on the disposition of the petition for review. Therefore, the initial
    decision now becomes the final decision of the Merit Systems Protection Board in
    this appeal.        Title 5 of the Code of Federal Regulations, section 1200.3(b)
    (5 C.F.R. § 1200.3(b)). This decision shall not be considered as precedent by the
    Board in any other case. 5 C.F.R. § 1200.3(d).
    NOTICE TO THE APPELLANT REGARDING
    YOUR FURTHER REVIEW RIGHTS
    You have the right to request further review of this final decision.
    Discrimination Claims: Administrative Review
    You may request review of this final decision on your discrimination
    claims by the Equal Employment Opportunity Commission (EEOC). See title 5
    of the U.S. Code, section 7702(b)(1) (5 U.S.C. § 7702(b)(1)). If you submit your
    request by regular U.S. mail, the address of the EEOC is:
    Office of Federal Operations
    Equal Employment Opportunity Commission
    P.O. Box 77960
    Washington, D.C. 20013
    If you submit your request via commercial delivery or by a method requiring a
    signature, it must be addressed to:
    Office of Federal Operations
    Equal Employment Opportunity Commission
    131 M Street, NE
    Suite 5SW12G
    Washington, D.C. 20507
    You should send your request to EEOC no later than 30 calendar days after
    your receipt of this order. If you have a representative in this case, and your
    representative receives this order before you do, then you must file with EEOC no
    later than 30 calendar days after receipt by your representative. If you choose to
    file, be very careful to file on time.
    Discrimination and Other Claims: Judicial Action
    If you do not request EEOC to review this final decision on your
    discrimination claims, you may file a civil action against the agency on both your
    discrimination claims and your other claims in an appropriate U.S. district court.
    See 5 U.S.C. § 7703(b)(2). You must file your civil action with the district court
    no later than 30 calendar days after your receipt of this order. If you have a
    representative in this case, and your representative receives this order before you
    do, then you must file with the district court no later than 30 calendar days after
    receipt by your representative. If you choose to file, be very careful to file on
    time.   If the action involves a claim of discrimination based on race, color,
    religion, sex, national origin, or a disabling condition, you may be entitled to
    representation by a court-appointed lawyer and to waiver of any requirement of
    prepayment of fees, costs, or other security.   See 42 U.S.C. § 2000e-5(f) and
    29 U.S.C. § 794a.
    FOR THE BOARD:                          ______________________________
    William D. Spencer
    Clerk of the Board
    Washington, D.C.
    

Document Info

Filed Date: 2/9/2016

Precedential Status: Non-Precedential

Modified Date: 2/9/2016