In the Matter of
SCOTT AYERS
Complainant
v.
CITY OF STOCKTON
(DEPARTMENT OF MUNICIPAL UTILITIES)
Respondent
William L. Williams, Jr., Esq.
Craig A. Paul, Esq.
For Complainant
Lauren P. Thomasson, Esq.
For Respondent
Before: ALFRED LINDEMAN
Administrative Law Judge
RECOMMENDED DECISION AND
ORDER
Following the hearing in this matter on September 30-October 2, 19-20,
1998, the parties to this consolidated proceeding under the whistleblower provisions of the Federal
Water Pollution Control Act, 33 U.S.C. §1367, and applicable regulations at 29 C.F.R.
Parts 18 and 24, requested reappointment of Judge Michael Lesniak under the settlement judge
procedures at 29 C.F.R. § 18.9(e)(1). Thereafter, on March 24, 1999, the parties filed a
letter dated March 15, 1999, duly signed by their respective attorneys, by which they have
stipulated that they have successfully resolved their dispute and requested that "the above-
referenced actions (and any other pending complaints which Mr. Ayers has lodged with the
Department of Labor against the City of Stockton and/or its officers and employees) be ordered
dismissed and/or withdrawn with prejudice."
Accordingly, it is recommended that the proceeding be DISMISSED with
prejudice. See Dorsey v. Greenbriar County Public Service District #2, 96-WPC-3
(ARB Sept. 29, 1997); Biddle v. United States Department of the Army, 93-WPC-15
(Secretary, Mar. 29, 1995).
SO ORDERED.
ALFRED LINDEMAN
Administrative Law Judge
San Francisco, California
AL:ms
NOTICE: This Recommended Decision and Order will automatically become the final
order of the Secretary unless, pursuant to 29 C.F.R. § 24.8, a petition for review is timely filed
with the Administrative Review Board, United States Department of Labor, Room S-4309, Frances
Perkins Building, 200 Constitution Avenue, NW, Washington, DC 20210. Such a petition for review
must be received by the Administrative Review Board within ten business days of the date of this
Recommended Decision and Order, and shall be served on all parties and on the Chief
Administrative Law Judge. See 29 C.F.R. §§ 24.8 and 24.9, as amended by 63
Fed. Reg. 6614 (1998).
[ENDNOTES]
1 Case Nos. 1998-WPC-2 and 1998-
WPC-4 were withdrawn at the commencement of the hearing.