LAURA KELLEN, Complainant,

VS.

CITY OF ALTON (PARKS DEPT.), MAYOR, CITY COUNCIL (ALTON), and CITY OF ALTON PARK BOARD, Respondents.

RULINGS ON MOTION TO DISMISS

Respondents moved for dismissal based on the following allegations:

1. Failure of the Commission to make a "prompt investigation" pursuant to Iowa Code 601A. 15(3)(a);

2. Failure to preliminarily screen the complaint within 120 days pursuant to Iowa Code 601A. 16(6); Respondents' claim that the result has been prejudicial in that witnesses were not available and memories were not nearly as clear as they once would or could have been for those who did appear.

The motion for dismissal is denied. The reasons for denial on the alleged bases were set forth in detail in Norman W. George v. Clinton Corn Processing Co., CP# 01-74-2075 and Isial Hill v. George A. Hormel & Company, CP# 02-77-4253, IOWA CIVIL RIGHTS COMMISSION CASE REPORTS, 1980-82, and will not be repeated here. In the case at issue, Respondents offered no proof of prejudice, but only general statements that witnesses were not available. No names were given nor verification of reasonable efforts to reach unavailable witnesses.