Free Notice (Other) - District Court of Colorado - Colorado

Case 1:03-cv-02435-PSF-PAC

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Filed 09/25/2006

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EXHIBIT C-19

IN THE UNITED STATES DISTRICT COURT

Case 1:03-cv-02435-PSF-PAC

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FOR THE DISTRICT OF COLORADO Civil Action No. 03-cv-02435-PSF-PAC LILLIAN F. SANDLE, Plaintiff, v. ANTHONY J. PRINCIPI, Secretary, Veterans Affairs, Defendant.

THIRD DECLARATION OF EDWARD SANCHEZ

I, Edward Sanchez, being of lawful age, hereby declare as follows: 1. I am employed by the U.S. Department of Veterans Affairs as Chief of the

Human Resources Service of the VA Eastern Colorado Health Care System, located at the VA Medical Center in Denver, Colorado. 2. As part of my duties as the Chief of Human Resources, I am responsible for

the collection, consolidation, and processing of information related to personnel issues of employees which can include but is not limited to hiring for vacancies and determination qualifications of applicants. 3. I am familiar with the case captioned above, Sandle v. Principi, Civil

Action No. 03-cv-02435-PSF-PAC, and I am familiar with the allegations raised by Ms. Sandle in her Second Amended Complaint. I am also familiar the EEO files generated as a consequence of Ms. Sandle's formal written administrative complaints of discrimination and retaliation. 1

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4.

At the time of Ms. Sandle's termination from her position as a Staff Nurse

at the Denver VA Medical Center, I was employed at the Denver VA Medical Center as the Assistant Chief of Personnel. 5. I have reviewed Ms. Sandle's Official Personnel Folder (OPF) to analyze

her qualifications and ability to perform the duties of the position of Night Relief Nurse Supervisor. 6. The position of Night Relief Nurse Supervisor at the VA Medical Center in

Denver, Colorado is a position which requires the selectee for the position to be able to perform all of the duties and responsibilities of a Staff Nurse, including the physical duties and responsibilities of a Staff Nurse such as lifting, moving and positioning patients. 7. Ms. Sandle apparently alleges in her federal lawsuit that she applied for this

position on or about September 29, 1989. 8. Ms. Sandle was not qualified for the position. As noted above, the position

was a staff nurse position. Ms. Sandle could not perform the physical requirements of the position due to her re-injury of her back on September 12, 1989. Pursuant to 28 U.S.C. Section 1746, I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on this 25 th day of September, 2006, in Denver, Colorado.

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s/ Edward Sanchez Edward Sanchez

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