BEFORE THE IOWA CIVIL RIGHTS COMMISSION

MAXINE FAYE BOOMGARDEN, Complainant, and IOWA CIVIL RIGHTS COMMISSION,

v.

HARDIN COUNTY VETERANS' COMMISSION BOARD and HARDIN COUNTY BOARD OF SUPERVISORS, Respondents.

CP # 07-86-14926

CONCLUSIONS OF LAW

1. The Iowa Civil Rights Act allows the award of damages which "shall include but are not limited to actual damages, court costs, and reasonable attorney fees" as part of the remedial action which the Commission may take in response to the Respondent's discriminatory practices. Iowa Code 216.15(8) (1993).

2.

[A] 'reasonable attorney's fee" cannot have been meant to compensate only work performed personally by members of the bar. Rather the term must refer to a reasonable fee for the work product of an attorney. Thus the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to the work product for which an attorney bills her client; and it must also take into account other expenses and profit.

Missouri v. Jenkins, 491 U.S. ___, 105 L.Ed.2d 229, 241 (1989)(emphasis added).

3. An award of attorney's fees may be made in the absence of a separate evidentiary hearing where the opportunity for an attorney's fees hearing has been provided and all parties have elected to not take advantage of the opportunity. See Rouse v. Iowa Department of Transportation, 408 N.W.2d 767, 768 (Iowa 1987). In this case, the Complainant and Respondent have elected to resolve the matter through stipulation rather than litigation.

4. A "stipulation" is a "voluntary agreement between opposing counsel concerning disposition of some relevant point so as to obviate [the] need for proof." BLACK'S LAW DICTIONARY 1269 (5th ed. 1979). Stipulations as to fact are binding on a court, commission or other adjudicative body when, as in this case, there is an absence of proof that the stipulation was the result of fraud, wrongdoing, misrepresentation or was not in accord with the intent of the parties. In Re Clark's Estate, 131 N.W.2d 138, 142 (Iowa 1970); Burnett v. Poage, 239 Iowa 31, 38, 29 N.W.2d 431 (1948). See Office of Consumer Advocate v. Utilities Board, 452 N.W.2d 588, 594 (Iowa 1990).

5. "Courts [commissions, and other adjudicative bodies] are bound to enforce valid stipulations, and they ordinarily have no power to alter, amend, contradict, delete, or go beyond the terms of a stipulation." Office of Consumer Advocate v. Utilities Board, 452 N.W.2d 588, 594 (Iowa 1990)(citing In Re Clark's Estate, 131 N.W.2d 138, 142 (Iowa 1970)). The courts favor valid stipulations of fact because they "allow the parties to avoid the delays and uncertainties of litigation." Id. In determining the legal effect of a stipulation, any adjudicative body is required to "give effect to the intention of the parties." Id.

6. In accordance with the legal standards previously stated, and in light of the joint stipulation of fees, the Complainant should receive a fully compensatory reasonable attorney's fee award, including expenses, as set forth above.