OFFICE OF COMPLIANCE
LA 200, John Adams Building, 110 Second
Street, S.E.
Washington, DC 20540-1999
______________________
JOE D. CLARK, Complainant, v. Case No. 00-AC-104 (CV, RP) Date: May 30, 2003 OFFICE OF THE ARCHITECT OF THE CAPITOL Respondent.
______________________
Before the Board of Directors: Susan S.
Robfogel, Chair; Barbara L. Camens, Alan V. Friedman; Roberta L.
Holzwarth; Barbara Childs Wallace, Members.
DECISION OF THE BOARD OF DIRECTORS
On September 6, 2002, Hearing Officer Curtis
E. von Kann issued the attached Decision in this matter concluding
that the Respondent failed fully to implement1 its settlement
agreement with the Complainant, but for non-discriminatory and non-retaliatory
reasons. The Complainant timely filed a petition for review of that
decision, and a supporting brief. The Respondent timely filed its
opposition brief to the petition for review.
The Board has considered the decision2
and the record in light of the petition for review and briefs. The
Board affirms the hearing officer's determinations: (1) that the
evidence did not establish that the Respondent acted out of a proscribed
discriminatory or retaliatory motive in failing to implement the
settlement agreement; and (2) that the Complainant failed to prove
damages from Respondent's failure to comply fully with the agreement.
ORDER
Pursuant to Section 406(e) of the Congressional
Accountability Act and Section 8.01(d) of the Office's Procedural
Rules, the Board affirms the hearing officer's merits determination
of no discrimination, retaliation, or actionable damages in this
matter.
It is so ordered.
___________________________
Susan S. Robfogel, Chair
___________________________
Barbara L. Camens, Member
___________________________
Alan V. Friedman, Member
___________________________
Roberta L. Holzwarth, Member
___________________________
Barbara Childs Wallace, Member
Issued, Washington, D.C.: May 30, 2003
CERTIFICATE OF SERVICE
I hereby certify that on this 30th day of May
2003, I delivered a copy of this Decision of the Board of Directors
to the following parties by the below identified means:
First-Class Mail Postage-Prepaid
Jeffrey H. Leib, Esq.
Attorney at Law
5104 34th Street, N.W.
Washington, D.C. 20008
First-Class Mail Postage-Prepaid
& Facsimile Mail (w/o Hearing Officer Decision)
Peggy Tyler, Esq.
Office of Architect of the Capitol
Office of Employment Counsel
Ford House Building, Room H2-202
Washington, D.C. 20515
___________________
Kisha L. Harley
Office of Compliance
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