BEFORE THE IOWA CIVIL RIGHTS COMMISSION

ROBERT E. SWANSON, Complainant

VS.

NUNC PRO TUNC ORDER

LEE DAHL MOTORS,

Respondent.

CP # 04-85-12879

On December 26,1989, a Proposed Decision and Order was issued in this case. The Proposed Decision implicitly shows, and was intended to expressly state, that the Complainant's motion to amend the complaint to include the charge of retaliation is granted. Through an oversight, no express ruling was made on the motion in the Decision and Order. The implication that the motion is to be granted is evident from a reading of Conclusion of Law No. 3. Also, the references to retaliation made in the Conclusions of Law and the Decision and Order would obviously not be there if the proposed decision did not grant the motion to amend.

Therefore, the Decision and Order is corrected to reflect the granting of the motion by adding the following paragraph at page 40:

N. The Complainant's motion to amend the complaint, to include the allegation that the Respondent retaliated against the Complainant for engaging in the protected activities of reporting or complaining about a perceived or actual civil rights violation in Complainant's letters of December 3 and 6, 1984, is granted. Signed this the 27th day of December 1989.

DONALD W. BOHLKEN
Administrative Law Judge

Copies to:

Robert E. Swanson
21 - 3rd Avenue
De Witt, Iowa 50274

Lee Dahl Motors
P.O. Box 89
De Witt, Iowa 50274

Kary Love
1557 Post Avenue
Holland, Michigan 49424

Daniel J. Condon
Condon, Peavey & Schirman
610 Ninth Street
De Witt, Iowa 52742

Rick Autry
Assistant Attorney General
Commissioners