Personnel Delegation

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Public Health Service

JUL 11 1997

Personnel #12

TO: Director
Oklahoma City Area

FROM: Director of Headquarters Operations

SUBJECT: Delegation of Authority to Establish and Maintain Equal Employment Opportunity Programs

Authority Delegated and to Whom

1. Pursuant to the delegation of authority from the Director, Indian Health Service (IHS) dated JUN 18 1997 I hereby delegate to the Director, Oklahoma City Area IHS, the authority to exercise personal leadership for establishing and maintaining Equal Employment Opportunity (EEO) programs for the Albuquerque Area, Navajo Area, Oklahoma City Area, and IHS Headquarters West.

2. Specifically, you are delegated the authority to:

a. Develop and implement required affirmative employment programs.

b. Conduct community outreach activities.

c. Select, train 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 precomplaint counseling.

d. Provide EEO training to staff, volunteers, supervisors and managers and other personnel.

e. Provide prompt, fair and impartial consideration of complaints charges and claims, including matters presented by aggrieved employees to EEO counselors, emphasizing informal resolution of disputes.

f. Investigate individual and class complaints.

g. Provide complainants with a copy of the investigative file and notify them of their right to a hearing or an immediate final agency decision.

h. 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.

J. Approve settlement agreements that do not exceed $10,000 (agreements including retroactive personnel actions and/or back pay require the concurrence of the appropriate servicing personnel officer, or designee, as to technical accuracy).

j. Award attorneys' fees that do not exceed $10,000 in accordance with applicable laws and regulations.

k. Issue final decisions on the merits of those complaints for which the complainant does not timely request either a hearing or an immediate final decision.

Authority to Redelegate and Limitations

3. The above authority may be redelegated to the EEO Manager, Oklahoma City Area, to be exercised only for the Albuquerque Area, Navajo Area, Oklahoma City Area,and IHS Headquarters West.

a. The authority to accept, dismiss, and cancel individual . and class complaints is retained at IHS Headquarters. All formal complaints must be reported to the Director, EEO/Civil Rights (CR) Staff, IHS Headquarters

b. Lump sum, back pay, and awards of attorneys' fees in excess of $10,000 must be reviewed and approved by the Director of Headquarters Operations (DHO), IHS. The IHS EEO/CR staff is responsible for reviewing and calculating compensatory damages in excess of $10,000 and not greater than $300,000 (past/future/non- pecuniary losses per the Civil Rights Act of 1991).

c. The authority to request that the Commissioners of the Equal Employment Opportunity Commission (EEOC) reopen and reconsider a previous appellate decision of the EEOC Office of Federal Operations concerning procedural dismissals or merit determinations made by the IHS, is delegated to the Director, EEO/CR staff, IHS Headquarters.

4. If a. claim or charge involves the action of a .person. who has an organiiational peer relationship with the official to whom these authorities are redelegated,. processing of the " complaint shall be done under your personal guidance and supervision.

5. The EEO/CR Staff, IHS Headquarters, is responsible for conducting investigations of any complaints initiated against the Oklahoma City Area EEO Manager, the Deputy DHO, Headquarters West, and/or the Area Directors of Albuquerque Area, Navajo Area; and Oklahoma City Area, or any line official superior to the Oklahoma City Area EEO Manager.

6. The authorities delegated herein are limited to matters affecting civilian employees and applicants for civilian employment. They do not extend to functions, vacancies or personnel in the Commissioned Corps of the U.S. Public Health Service, except as delegated in 2.k. above.

Authorities Retained

7. The Director of EEO, OS, retains the authority to:

a. Make the Department's final decision on the merits of complaints other than those delegated to you in paragraph 2.k. above.

b. 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, EEO/CR Staff, IHS, or the matter involves actions by the Director, IHS, the Director, EEO/CR Staff, IHS, or a staff or line official superior to the Director, EEO/CR Staff, IHS.

c. 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.

d. Process Public Health Service Commissioned Corps complaints including issuing final agency decisions for the Acting Surgeon General.

Information and Guidance

8. 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 EEOC, and related Department instructions.

Effective Date

9. This delegation is effective on date of signature.

/Luana L. Reyes/
Luana Reyes