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

FINDINGS OF FACT:

A. Jurisdictional and Procedural Facts:

1A. On July 14, 1986, Complainant Maxine Boomgarden filed her complaint, CP # 07-86-14926, alleging sex discrimination in employment which is prohibited by Iowa Code section 601A.6 (now 216.6). The dates of alleged discrimination stated in the complaint are "approximately the 12th of March 1986 and continuing through May 14, 1986." (Complaint). Official notice is taken that July 14, 1986 is sixty-one days after May 14, 1986. Fairness to the parties does not require that they be given the opportunity to contest this fact.

2A. The complaint was investigated. After probable cause of sex discrimination was found, conciliation was attempted and failed. Notice of Hearing was issued on June 21, 1991. (Notice of Hearing).

B. Background:

1. A number of facts that were stipulated (agreed) to by the parties are set forth in Joint Exhibit # 1. (Tr. at 6). Findings of fact which are stipulated to in Joint Exhibit # 1 are indicated by the designation "(Stip.)". Those findings which are stipulated to only in part will be designated by "Stip." followed by reference to other record evidence supporting the finding, e.g. "(Stip., R. EX. # 2)". In addition, page references to the Chaplin deposition are set forth as "D1, D2" etc. Page references to the Fischer deposition are set forth as follows: "F1, F2" etc.

2. On January 28, 1986, Gene K. Foster, Director of the Veterans Affairs Commission for Hardin County, announced his retirement effective May 30, 1986. (Stip.). Foster was also retiring from the position of Director of Civil Defense for Hardin County. (Tr. at 33). Foster had been in the position since the 1960s. (Tr. at 520). The later position is also known as Coordinator of Emergency Management. (Tr. at 371).

3. The Hardin County Commission on Veterans Affairs (VAC) is a governmental agency organized pursuant to Chapter 250 of the [1985] Iowa Code. Its principal function is to administer financial assistance programs to indigent veterans and their families who reside in Hardin County. (Stip). Approximately 70 per cent of this assistance is through programs specifically directed towards veterans while 30 per cent is thorough general relief programs. (Tr. at 419).

4. Official notice is taken of the fact that, although no mention is made of the specific position of county Veterans Affairs Director in Chapter 250, the chapter does provide that the county Veterans Affairs Commission "subject to the approval of the board of supervisors shall have power to employ necessary administrative or clerical assistants when needed, the compensation of such employees to be fixed by the board of supervisors, but no member of the commission shall be so employed." Iowa Code section 250.6 (1985). Fairness to the parties does not require that they be given the opportunity to contest these facts.

5. In 1986, the Hardin County Commission on Veterans Affairs was a three member board whose members were Merle Chaplin, Orville Gatton, and Arlo Ziebell. Gene Foster, as Director of Veterans Affairs, was responsible for performing the duties of the Commission. (Stip). Arlo Ziebell was the chairperson of the VAC. (Tr. at 170). The only employee of the Hardin County of Commissioner Affairs is the Director of Veterans Affairs. (Tr. at 325).

6. The Coordinator of Emergency Management's duties entailed extensive coordination with the state Office of Disaster Services in the event of a disaster. (Tr. at 88, 90, 387). Official notice is taken of Iowa Code sections 29C.5 and .10 (1985) which provide, respectively, that: "The office of disaster services shall be responsible for the administration of emergency planning matters, including emergency resource planning in this state . . . and co- ordination of available services in the event of a disaster." Iowa Code S 29C.5. "Each board of supervisors . . . shall appoint a co-ordinator of disaster services and emergency planning for that county. . . . The [county] co-ordinator shall serve as the co-ordinator of disaster services and emergency planning for that . . . county." Iowa Code S 29C.10. Fairness to the parties does not require that they be given the opportunity to contest these facts.

7. Extensive training consisting of three to four sessions per year, with each session lasting two to five days, is provided for Coordinators. Classes given in one year are retaken approximately three to four years later. (Tr. at 321, 387, 390-91).

8. Job descriptions for Veterans Affairs Director and Local Civil Defense Director (i.e. Coordinator) were admitted in the record. (EX. C-12). These job descriptions did not exist and were not utilized at the time of the hiring process in 1986. The evidence in the record does not completely support their reliability and accuracy with respect to job duties and qualifications in that year. (EX. C-12; Tr. at 35, 42-43, 130, 189, 190, D15). For example, the job description for Veterans Affairs Director makes reference to "supervis[ing] and direct[ing] departmental staff" and "advises, trains, instructs, and supervises employees." (EX. C-12). In fact, the Veterans Affairs Director has no employees or staff to supervise, direct, advise, train or instruct. (Tr. at 325). However, in light of the principal function of the VAC, the "Knowledge, Skills and Abilities" section of that job description accurately reflects certain requirements for the job:

Knowledge of the methods, procedures and principles of public welfare administration as related to the [VAC]; comprehensive knowledge of the functions and resources of community and private agencies in the public welfare field; considerable knowledge of social casework principles and techniques; ability to plan and direct a welfare program of moderate complexity; . . . ability to interpret and apply laws and regulations relating to soldier relief activities; . . . ability to prepare clear and concise reports on activities; ability to establish and maintain effective working relationships with elected officials, other County employees and the general public.

(CP. EX. # 12). See Finding of Fact No. 3.

8A. The record evidence supports the following statement from the emergency management coordinator (local civil defense director) job description which effectively summarizes the functions of that job:

Maintains an adequate civil defense organization to facilitate disaster relief within governmental departments and volunteer organizations and coordinates activities into total disaster control; assists and guides institutions such as schools and hospitals in developing adequate disaster controls.

(EX. # C-12). This statement is supported by evidence in the record showing that the duties of this position primarily concern the coordination of disaster control activities through such actions as maintaining communications with the state disaster services organization, setting up command posts to deal with disasters, or organizing the provision of sandbags, portable toilets, and water in response to such disasters as floods. (Tr. at 406-09). A review of the job description and the other record evidence supports the proposition that this is a coordination position and neither a "hands on" firefighter, police officer, or rescue worker position nor a "command" position, such as fire chief, taking control of a crisis situation. (EX. C-12; Tr. at 422-23).

B. Summary of The Hiring Process From Advertisement Through the Interview By the Board of Supervisors:

9. On or about March 7, 1986, an advertisement was placed in the Hardin County Index for the full-time position Hardin County Civil Defense and Veterans Affairs Offices. The advertisement indicated applications were available at the County Auditor's Office. The deadline for applications was Friday, March 28, 1986. (Stip).

10. A total of forty-three people filed applications for the positions of the Director of Veterans Affairs and Civil Defense in Hardin County. (Stip.). This includes one individual who applied for the civil defense position only. (EX. C-10).

11. In late March or early April, 1986, the members of the Veterans Affairs Commission obtained and individually reviewed the applications in light of criteria set forth on an interview evaluation form. (EX. # C-15; Tr. at 179-81, 183-84, 205-06, 525-26). They then met and selected six applicants for interview. (EX. # C-10; Tr. at 181-82, 526- 28).

12. On April 12 and 23, 1986, the Hardin County Veterans Commission screened (interviewed) these six applicants; Maxine Boomgarden (the complainant), David Roelfs, Alvin Mensing, Gary Shugar, Steven Ball and Robert Drummer. (Stip.; EX. # C-10; Tr. at 39, 525-27, D7). Interview questions were based, at least in part, on the interview evaluation form. (EX. # C-15; Tr. at 199-201, 206, 532, D7). The completed forms were discarded at some time after the interviews were completed. (Tr. at 182, 212-13, 532-33, D7, D40).

13. On or about April 30, 1986, the Commission of Veterans Affairs submitted four names to the Hardin County Board of Supervisors for the Board of Supervisors to select for the position of Director of Veterans Affairs and Disaster Service. The persons named were Maxine Boomgarden, Alvin Mensing, David Roelfs, and Gary Shugar. (Stip.). This list is set forth in Exhibit C-16. (EX. C-16; Tr. at 186, D10).

14. The Board of Supervisors role in this hiring process was to make the final selection for the position from the names submitted by the VAC. (Tr. at 21, 44-45, 205, 263, 309, 312-14, 467-68, 510, 536, 539, D10, D36). In 1986, the Board of Supervisors consisted of Robert Fuller, Millie Lloyd, and Linn Adams. (Stip.).

15. The Board interviewed Complainant Boomgarden, David Roelfs, Alvin Mensing, and Gary Shugar for the combined position on May 5, 1986. (R. EX. # 10; Tr. at 49, 121-22, 268-69. 277, 284, 291, 317-18, 492). The Board also reviewed Boomgarden's and the others' applications. (Tr. at 284, 492). Interview notes taken by supervisor Lloyd were destroyed prior to the time she became aware of the complaint. (Tr. at 303-06).

16. In addition, three individuals, Lynn Wogan, Junior Lawler and Timothy Christenson, were interviewed, on May 5th, by the Board for the purpose of filling only the Coordinator of Emergency Management position. (Tr. at 267-270, 290-91, 484, 486-87). This came about because there was some discussion of the National Guard taking over the Veterans Affairs Director responsibilities on a statewide basis and of combining the Veterans Affairs Director's position with the county's General Relief Director position. (Tr. at 270). Since they were not interviewed by the VAC, they could not have filled the Veterans Affairs Director position. (Tr. at 270).

17. The Board of Supervisors had initially determined that it would decide on who would fill the position on May 7, 1986. (R. Ex. # 10; Tr. at 54, 122). At the May 7th meeting, the Board decided to defer making the decision until May 14th. (Tr. at 54, 290).

18. On or about May 10, 1986, the Hardin County Board of Supervisors requested a second list of candidates from the Commission on Veterans Affairs for its consideration. The Commission on Veterans Affairs submitted two names to the Board of Supervisors, Steven K. Ball and David Roelfs. (Stip.).

19. On May 14, 1986, the Hardin County Board of Supervisors selected David Roelfs as Director of Veterans Affairs and Disaster Services. (Stip.)

C. Complainant Boomgarden Applied for the Position:

20. On March 12, 1986, Complainant Maxine Boomgarden, a female, filed an application for employment for the position of Veterans Affairs Director. Ms. Boomgarden's application was dated January 24, 1986, but was not filed until March 12, 1986 with the County Auditor. (Stip.) It should be noted the complainant understood that she was also applying for the Coordinator position. (Tr. at 33). That this was the Respondents' understanding also is reflected by the inclusion of her name on its list of "Applicants" which has her name under the category of "Veterans Affairs and Civil Defense." (EX. C-10). Throughout the entire application, interview, and recommendation process, the VAC and Board of Supervisors understood that the position for which Complainant Boomgarden applied was a combined position. (EX. C-10, C-16; Tr. at 51, 176, 178-80, 211-12, 293, 295, 316, 526-27, 550, D33-34).