DEPARTMENT OF HEALTH AND HUMAN SERVICES
Public Health Service
Indian Health Service|
Rockville MD 20852
NOV 01, 2005
TO: Deputy Director for Indian Health Policy
SUBJECT: Delegation of Authority to Establish and Maintain Equal Employment Opportunity Programs
1. Pursuant to the Delegation of Authority from the Director of Equal Employment Opportunity (EEO), Office of the Secretary (OS), Department of Health and Human Services, dated September 20, 1995, I hereby delegate to the Deputy Director for Indian Health Policy, Indian Health Service (IHS), the authority to exercise personal leadership for establishing and maintaining Diversity Management (DM) and EEO programs for the IHS. Information and guidelines for exercising these authorities are contained in Title 29, Code of Federal Regulations, Part 1614, appropriate guidelines and management directives promulgated by the EEO Commission, and related Department instructions.
2. Specifically, you are delegated the authority to:
develop and implement required affirmative employment/diversity management programs;
conduct community outreach activities;
select, educate, and make EEO counselors available for mandatory pre-class and pre-individual discrimination complaint counseling, including the establishment of alternative dispute resolution procedures to be used as adjuncts to pre-complaint counseling;
provide EEO training to staff, volunteers, supervisors, managers, and other personnel;
provide prompt, fair, and impartial consideration of complaints charges and claims, including matters presented by aggrieved employees to EEO counselors, emphasizing the informal resolution of disputes;
investigate individual and class complaints;
provide complaints with a copy of the investigative file, and notify them of their right to a hearing or an immediate final Agency decision;
conduct any required or appropriate inquiry and issue any subsequent written report as may be required under the Age Discrimination in Employment Act of 1967, as amended, and under applicable implementing instructions;
approve settlement agreements (including retroactive personnel actions and/or back pay that require the concurrence of the appropriate servicing Human Resources Director or designee as to technical accuracy);
award attorney’s fees in accordance with applicable laws and regulations;
issue final decisions on the merits of those complaints for which the complainant does not request either a hearing or an immediate final decision in a timely manner; and
provide prompt, fair, and impartial consideration of complaints, charges, and claims, including matters presented by U.S. Public Health Service (USPHS) Commissioned Corps officers. Complaints filed by Commissioned Corps officers will be processed pursuant to the provisions of Chapter Series CC26-Conditions of Service, Subchapter CC26.1 -Officers’ Responsibilities and Conduct, Personnel INSTRUCTION 6-Equal Opportunity: Discrimination Complaints Processing, which became effective December 21, 2001.
TO WHOM DELEGATED
Deputy Director for Indian Health Policy
AUTHORITY TO REDELEGATE
These authorities may be redelegated to:
1. the Director, Diversity Management and Equal Employment Opportunity Staff (DMEEOS), IHS Headquarters, without the authority to further delegate;
2. the Director, Oklahoma City Area IHS, to be exercised for the Oklahoma City, Albuquerque, and Nashville Areas;
3. the Director, Aberdeen Area IHS, to be exercised for the Aberdeen , Bemidji, and Billings Areas;
4. the Director, Portland Area IHS, to be exercised for the Portland, Alaska, and California Areas;
5. the Director, Phoenix Area IHS, to be exercised for the Phoenix and Tucson Areas; and
6. the Director, Navajo Area IHS, for the Navajo area.
RESTRICTIONS AND LIMITATIONS
The Director of EEO, OS, retains the authority to:
1. make the Department’s final decision on the merits of complaints other than those delegated to you in paragraph 2K above;
2. process, investigate, and decide cases when the matter involves a conflict or potential conflict of interest because the complainant or claimant is under the direct management supervision of the Director, IHS, or the Director, DMEEO Staff, IHS Headquarters, or the matter involves actions by the Director, IHS; the Director, DMEEOS, IHS; or a staff or line official superior to the Director, DMEEOS, IHS;
3. process allegations of discrimination or harassment because of sexual orientation (memorandum issued February 4, 1994) including accepting, rejecting, and investigating cases; issuing final decisions; preparing departmental appellate decisions; etc.
4. issue final Agency decisions for the Surgeon General on complaints filed by USPHS Commissioned Corps officers.
The Director, DMEEOS, IHS Headquarters, retains the authority to process, investigate, and decide cases when the matter involves a conflict or potential conflict of interest because the complainant or claimant is under the direct management or supervision of an Area Director or any person to whom these authorities are redelegated in whole or in part.
This delegation supersedes the previous delegation of authority located in the Indian Health Manual, Personnel #12 “Delegation of Authority to Establish and Maintain Equal Employment Opportunity Programs” dated June 18, 1997.
This delegation is effective on the date of signature.
/Robert G. McSwain for/
Charles W. Grim, D.D.S., M.H.S.A
Assistant Surgeon General
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