Iowa Civil Rights Commission Contested Case Decision: Boomgarden Attorney Fees Findings of Fact

BEFORE THE IOWA CIVIL RIGHTS COMMISSION

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

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

CP # 07-86-14926

FINDINGS OF FACT

1. The Commission's "Final Decision and Remand for Determination of Attorney's Fees" incorporated the following paragraphs of the Proposed Decision and Order:

G. Within 45 calendar days of the date of this order, provided that agreement can be reached between the parties on this issue, the parties shall submit a written stipulation stating the amount of attorney's fees to be awarded Complainant. If any of the parties cannot agree on a full stipulation to the fees, they shall so notify the Administrative Law Judge in writing and an evidentiary hearing on the record shall be held by the Administrative Law Judge for the purpose of determining the proper amount of fees to be awarded. If no written notice is received by the expiration of 45 calendar days from the date of this order, the Administrative Law Judge shall schedule a conference in order to determine the status of the attorneys fees issue and to determine whether an evidentiary hearing should be scheduled or other appropriate action taken. Once the full stipulation is submitted or the hearing is completed, the Administrative Law Judge shall submit for the Commission's consideration a Supplemental Proposed Decision and Order setting forth a determination of attorney's fees.

H. The Commission retains jurisdiction of this case in order to determine the actual amount of (a) attorneys fees (and to enter a subsequent order awarding these fees) . . . This order is final in all respects except for the determination and award of the attorney's fees. . . .

(Final Decision and Order of July 26, 1993)(emphasis added).

2. On November 16, 1993 a scheduling conference was held in order to set a hearing on attorney's fees as no settlement on fees had yet been reached. During the course of the conference, it became apparent that the only issue concerning fees claimed through August 5, 1993 was a legal issue.

3. Since the only issue extant concerning the fees through August 5, 1993 was legal and not factual, it was apparent that a hearing would not be necessary with respect to those fees. Counsel for complainant was given until November 30th to update Complainant's application for attorney's fees to the period ending September 24, 1993. (Scheduling Conference Order).

4. The Complainant and Respondents were also given until December 15, 1993 to submit a stipulation setting forth all issues between them concerning fees. (Scheduling Conference Order).

5. The Complainant and Respondents were subsequently able to resolve all issues between themselves concerning attorney's fees and expenses. The Complainant and Respondents filed a written stipulation on December 22, 1993 whereby they agreed to "Stipulate to the entry of an order as to attorney fees and costs." (Stipulation as to Attorney Fees and Costs of Edward McConnell). This stipulation is part of the record of this case.

6. In this stipulation, the Complainant and Respondents agreed to an entry by the Commission of an order requiring Respondents to pay Complainant's attorney's fees and expenses in the following amounts:

TOTAL FEES	$14,718.00
COSTS	$991.26
TOTAL FEES AND COSTS	$15,709.26

(Stipulation as to Attorney Fees and Costs of Edward McConnell)(emphasis in original).

7. The amounts stipulated to as reasonable attorney's fees and costs are stipulations of fact. For reasons stated in the conclusions of law, the amounts stipulated to are binding on the Commission, as they would be on any court or other adjudicative body. It may not modify or reject the amounts stipulated to in making its award of fees and costs. See Conclusion of Law Nos. 4, 5. In accordance with the joint stipulation, it is found that:

a. The complainant's attorney's fees, through September 24, 1993, in the amount of fourteen thousand seven hundred eighteen dollars ($14,718.00), are reasonable and should be awarded.

b. The complainant's litigation expenses, through September 24, 1993, in the amount of nine hundred ninety dollars and twenty-six cents ($991.26) are reasonable and should be awarded.

Boomgarden (Attorney Fees) Main