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U.S. Department of Defense
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12713
SerN133
5 Jan 2012
DEPARTMENT OF THE NAVY
COMMANDER NAVY REGION SOUTHEAST
BOX 102, NAVAL AIR STATION
JACKSONVILLE, FLORIDA 32212-0102
12713
Ser N133
5 Jan 2012
CERTIFIED MAIL - RETURN RECEIPT REQUES bD
From: Commander, Navy Region Southeast
To: Mr. Joseph Kisonas, Representative of Mr. Mark J. Vitale, 516 Carriage Road, India
n Harbor Beach, FL 32937-4042
Sub}: NOTICE OF RECEIPT OF DISCRIMINATION COMPLAINT OF MARK J. VITALE
V. RAY MABUS, SECRETARY OF THE NAVY, AGENCY DOCKET NUMBER
DON 11-00213-03658
Ref: (a) Mr. Vitale's Discrimination Complaint of 04 Jan 2012
1. This notice acknowledges receipt of reference (a) filed on 04 January 2012 and received in the
Commander Navy Region Southeast (CNRSE), Total Force Management Office, on 04 January
2012.
2. As noted above, the complaint has been assigned agency docket number DON 11-00213-
03658. Please include this docket number on all future correspondence or other documents
regarding this complaint.
3. If the complaint is accepted, it will be investigated. The Department of Defense, Office of
Complaint Investigations, is required to conduct a complete and fair investigation of the
complaint within 180 days of the filing of the complaint, unless the parties agree in writing to
extend the investigation. You and the complainant will receive a copy of the investigative file
and the complainant will have an opportunity to request an immediate final agency decision or a
hearing before an Equal Employment Opportunity Commission (EEOC) Administrative Judge.
4. If you have a mixed case complaint, it shall be processed in accordance with 29 Code of
Federal Regulation (CFR) §1614.302(d). If you do not receive a final Department of the Navy
decision on this matter within 120 calendar days of the date of the filing of your formal
complaint, you may either file an appeal with the MSPB, as specified in 29 CFR
§1201.154(h)(2), or you may file a civil action as specified in 29 CFR §1614.310(g), but not
both. If you are dissatisfied with the final decision issued by the Department of Navy, you may
appeal the decision to the MSPB (not EEOC) within 30 calendar days of receipt of the final
decision
5. If the complaint is dismissed, the complainant will have the right to appeal the dismissal and
will receive a separate written notice advising you and the complainant of his appeal rights.
News Subj: NOTICE OF RECEIPT OF DISCRIMINATION COMPLAINT OF MARK I. VITALE
V. RAY MABUS, SECRETARY OF THE NAVY, AGENCY DOCKET NUMBER
DON 11-00213-03658
6. If resolution of the complaint is reached, the terms of the resolution will be reduced to writing,
signed by both parties and the complainant will be given a copy.
7. If a resolution of the complaint is not reached, you and the complainant will be notified, in
writing, of his right to request a final agency decision with or without a hearing.
a. If the complainant requests a decision with a hearing, the hearing will be conducted by an
EEOC Administrative Judge, who will issue a decision and forward it to the Secretary of
the Navy for final action.
b. If the complainant requests a decision without a hearing, the Secretary of the Navy will
issue a final Department of the Navy decision based on the information in the existing
complaint file.
8. If the complainant is dissatisfied with the final agency decision, he may file a notice of appeal
to the EEOC Office of Federal Operations (OFO) within 30 calendar days after receiving the
final decision. The appeal should be submitted to:
Director, Office of Federal Operations
Equal Employment Opportunity Commission
P. O. Box 77960
Washington D. C. 20013
a. At the same time, the complainant MUST furnish a copy of the appeal to the Commanding
Officer, Naval Air Station, Key West, FL 33040-9001 with a copy to this office. In or attached to
the appeal to the Commission, he must certify the date and method by which service was made
on the Department of the Navy.
b. The complainant may submit a brief or statement to support his appeal to OFO within 30
calendar days after filing the notice of appeal. At the same time, he must furnish a copy of the
supporting brief or statement to the Department of the Navy.
9. Instead of an appeal to the EEOC, the complainant may file a civil action in an appropriate U.
S. District Court within 90 calendar days after receiving the final Department of the Navy
decision or, if the Department of the Navy has not issued a final decision on the complaint, after
180 calendar days from the date the formal complaint was filed. As to any claim based on the
Age Discrimination in Employment Act of 1967, as amended (29 USC Section 633a), he MAY
have up to six years after the right of action first accrued regardless of whether the administrative
2
Subj: NOTICE OF RECEIPT OF DISCRIMINATION COMPLAINT OF MARK J. VITALE
V. RAY MABUS, SECRETARY OF THE NAVY, AGENCY DOCKET NUMBER
DON 11-00213-03658
process is completed. See Lehman v. Nakshian, 453 U.S. 156 (1981); 29 Section 633a (f); and 28
USC Section 2401(a). Filing a civil action will result in termination of administrative processing
of the discrimination complaint on the same matters raised in the civil action.
10. If the complainant files a civil action under Title VII of the Civil Rights Act of 1964, as
amended, or the Rehabilitation Act of 1973, as amended, and he does not have, or is unable to
obtain the services of a lawyer, he may request the court to appoint a lawyer to represent him. In
such circumstances as the court may deem just, the court may appoint a lawyer and may
authorize the commencement of the action without the payment of the fees, costs or security.
Any such request must be made within the above-referenced 90-calendar day limit for filing suit
and in such form and manner as the court may require. Filing a request for an attorney does not
extend the time in which to file a civil action. Both the request and the civil action must be filed
within 90 calendar days from the date this decision is received.
11. The complainant is further notified that if he files a civil action, he must name RAY
MABUS, Secretary of the Navy, as the defendant. He must include the name of the person and
the official title name. Failure to name RAY MABUS, Secretary of the Navy, may result in the
loss of any judicial redress to which he may be entitled.
12. If he decides to appeal to the EEOC OFO, he will still have an opportunity to file a civil
action in a federal district court within 30 calendar days after receiving the EEOC's final
decision, or 180 calendar days after the date of his initial appeal to the Commission if the EEOC
has not rendered a final decision.
13. If you have further questions, please contact Ms. Genida Searles at (912) 573-4722.






James Cravis, Richard Diaz, Jaylene Riddle, Anthony Cooley, Rust Kyle, Ray Hill, Charles Helms, Jene Jose, C.Wade Spivey and Mark J. Vitale

CNIC Graduates of the Newly Formed Depatment of the Navy combined Department of Defense & the Department of the Navy Law Enforcement Academy Class 10-01





PO Mark J. Vitale representing NAS Key West AFL-CIO Local AFGE # 1566 takes a photo with Sgt. Kimberly Munley & Sgt. Mark Todd at the DEFCON Committee Meeting on Capital Hill Monday 22 Feb. 2010. Many Department of Defense Police Officer's were in attendance as well! AFGE Week in Review ActionNews@afge.org

http://www.cnn.com/2009/US/11/05/texas.fort.hood.shootings/index.html

Their response and instinctive reactions in incapacitating the shooter thus saving many others from serious physical injury and possible death!





Key West Police and Monroe County Sheriffs' Department now house the mounted unit horses on the Truman Annex location.



Meeting with Hon. Illeana Ros-Lihtinen US House of Representatives [R] 18th. District, Florida on the locality pay disparities and several other issues. Next meeting is a tentative date at the Gato Building, Key West, Florida on 03 Sept. 2008 [Weds.] at 1400 hrs. \ 2:pm.

Corresponding letter located here.

Updated response located here.
 

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