An employee of the D.C. Department of Environmental Serivces has withdrawn a complaint that he was discriminated against when Herbert L. Tucker, the department's director, failed to hire him as a special assistant and chose instead a close woman friend.
Kenneth L. Norman, the employee, was among eight persons who unsuccessfully last December sought to be appointed to the GS-11, $17,000-per-year position.
ucker chose Cortina Kennedy - whom he acknowledged he often drove to and from work, frequently ate lunch with and worked with in weekends - for the job.
Norman, who is a GS-11 special assistant to the chief of the department's revenue division, formally filed the complaint Dec. 21 with the Equal Employment Opportunity director of the department, but withdrew it two days later. Norman refused in a telephone interview yesterday to explain why he had changed his mind.
"I have my own reasons," Norman said. "But I don't wish to respond to any questions at this time."
Richard Smith, the department's coordinator of equal employment opportunity , said, that the complaint was withdrawn after he told Norman that the grounds on which Mrs. Kennedy's selection were being contested were not covered by the city's hiring discriminotion regulations.
Smith said that Norman's complaint alleged that an error had been made in evaluating his qualifications for the position as Tuckers' aide. "That's dealing with personeel procedures," Smith said, "not EEO."
Only complaints of job denials based on race, sex, age, marital status, sexual preference and similar issues are covered in the antidiscrimination codes, Smith said.
Mary Redmiles, the personnel officer for the department, said Norman's complaint could have been investigated if it had been filed with her office, but no such complaint was filed, she said.
Personnel procedure complaints must be filed within 15 days following the action that is being questioned Norman has now lost the right to file such a complaint, Miss Redmiles said yesterday.
Mrs. Kennedy's appointment has been delayed when the complaint by Norman was filed with the EEO office. Once the complaint was withdrawn, the appointment proceeded and became effective Jan. 2.
Norman also tried unsuccessfully to be chosen for Mrs. Kennedy's old job, as special assistant to the head of the department's solid waste management administration. BOth that job and the job ofassistant to Tucker have the capacity for promotion to a SGS-12, but Norman's present job does not.
Anne Witt, a former management analyst, was given Mrs. kennedy's old job, however. Tucker said that Norman complained about the not getting that job also. "He came into me after Miss Witt was selected and said he just wanted to blow off some steam," Tucker said. "He said he just wanted to talk because he was hot."