Iowa Civil Rights Commission Contested Case Decision: Boomgarden Commission Final Decision & Order, Remand for Attorney Fees

BEFORE THE IOWA CIVIL RIGHTS COMMISSION

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

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

CP # 07-86-14926

FINAL DECISION AND ORDER and REMAND FOR DETERMINATION AND AWARD OF ATTORNEY'S FEES

1. On September 24, 1993, the Iowa Civil Rights Commission, at its regular meeting, adopted the Administrative Law Judge's proposed decision and order in its entirety with the exception of paragraph D on page 98, which awards emotional distress damages. Paragraph D is struck. The proposed decision and order as so modified is hereby incorporated in its entirety as if fully set forth herein.

Findings of Facts numbers 113 through 117 on emotional distress damages are struck in accordance with a subsequent consultation with the commissioners who ratified the act of striking these findings of fact.

2. In accordance with paragraph G on page 99 of the Decision and Order, Complainant Boomgarden and Respondents Hardin County Veterans Commission and Hardin County Board of Supervisors, Iowa are required, "provided that agreement can be reached . . . on this issue . . . [to] submit a written stipulation stating the amount of attorney's fees to be awarded Complainant" within 45 calendar days of this order. "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 amount of the fees to be awarded."

3. In accordance with findings of fact numbers 104 through 106, conclusion of law number 79, and paragraphs H and I of the Decision and Order, the determination of back pay amounts for the calendar years 1991 and 1992 and from January 1, 1993 to the date of this order is to be accomplished by the following process:

a. Complainant Boomgarden has already provided an affidavit detailing her earnings for the periods of 1991, 1992 and through August 1, 1993. Within thirty days of the date of this order, she shall provide an affidavit giving her earnings for the period from August 1, 1993 to the date of this order.

b. The Respondents shall provide, within thirty days of the date of this order, affidavits to the Commission showing "the amount paid to the incumbent of the Hardin County Veterans Affairs Director and Emergency Management Coordinator position for the calendar years 1991 and 1992 and for the period from January 1, 1993 to the date [of this order]" and "the amount[s] determined to be the salary for that position for those periods of time."

c. On enforcement of this order, these affidavits will be presented to the district court for its computation and award of back pay for each of these periods as set forth in finding of fact number 105 and conclusion of law number 79.

4. In accordance with finding of fact number 108, conclusion of law number 80, and paragraph J of the Decision and Order, the determination of life, health, and dental insurance premium amounts for the calendar years 1986 through 1992 and from January 1, 1993 to the date of this order is to be accomplished by the following process:

a. The affidavit previously provided by Complainant Boomgarden confirms she received no insurance or other benefits while at HHAS other than sick leave, but does not address insurance premiums paid by her business. Therefore, Complainant Boomgarden shall provide, within thirty days of the date of this order, an affidavit setting forth "the amount of her life, health, and dental insurance premiums paid by ... her business for the calendar years 1991 and 1992 and the period from January 1, 1993 to the date [of this order.]"

b. Respondents shall provide, within thirty days of the date of this order, affidavits to the Commission showing "the amount of the life, health, and dental insurance premiums paid by Hardin County for the incumbent of the Hardin County Veterans Affairs Director and Emergency Management Coordinator for the calendar years 1991 and 1992 and the period from January 1, 1993 to the date [of this order.]"

c. On enforcement of this order, these affidavits and Exhibits C-21 and C-27 will be presented to the district court for its computation and award of the difference in insurance premiums for each of these periods as set forth in finding of fact number 108 and conclusion of law number 80.

IT IS SO ORDERED.

Signed this the ______ day of __________________, 1993.

Sally O'Donnell

Chairperson

Iowa Civil Rights Commission

211 E. Maple

Des Moines, Iowa 50319

Copies to:

Rick Autry

Asst. Attorney General

Maxine Faye Boomgarden

1509 - 20th Avenue

Eldora, Iowa 50627

Ed McConnell

100 Court Avenue

Suite 403

Des Moines, Iowa 50309

Hardin County Veterans' Commission

ATTN: Arlo Ziebell, Chairperson

Rural Route

Hubbard, Iowa 50122

James L. Beres

P.O. Box 129

Eldora, Iowa 50627

Hardin County Board of Supervisors

Hardin County Courthouse

Eldora, Iowa 50627

NOTE: Both Respondent and Complainant filed petitions for judicial review. The Respondent appealed liability while the Complainant contested the denial of emotional distress damages. The Commission's final decision was upheld by the district court. According to the February 5, 1995 Des Moines Register, the case settled for the amount of $40,500.

Boomgarden Main