UNITED STATES OF AME RICA MERIT SYSTEMS PROTEC TION BOARD

ROLAND SIMMONS, Appellant,

v.
DEPARTMENT OF VETERA NS AFFAIRS, Agency. DOCKET NUMBER DC

- 0752

- 14

- 0878

- I

- 1

DATE: February 9, 2016

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 Protecti on Board in this appeal. T itle 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 b y the Board in any other case. 5 C.F.R. § 1200.3 (d)

.

NOTICE TO THE APPELL ANT REGARDING YOUR FURTHER REVIEW RIGHTS You have the right to r equest 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, se ction 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 t han 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, yo u 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 ontime. If the action involves a claim of discrimination based on race, color, religion, sex, national origin, or a disabling condition, you may be en titled 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:

Washington, D.C. ______________________________ William D. Spencer Clerk of the Board