BEFORE THE IOWA CIVIL RIGHTS COMMISSION

DORENE POLTON, Complainant, and IOWA CIVIL RIGHTS COMMISSION,


VS.


FRANK ROMAN and JOHN ABELN, Respondents.

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the Complaint filed by Dorene Polton against the Respondents Frank Roman and John Abeln alleging discrimination on the basis of race in housing.

Ms. Polton alleges that the Respondents indicated blacks were not welcome as renters and subjected her to harassment because a black person, one Jack High, was a regular visitor to the apartment she rented from Mr. Roman.

A public hearing on this complaint was held on April 15, 1991 before the Honorable Donald W. Bohlken, Administrative Law Judge, at the Linn County Courthouse in Cedar Rapids, Iowa. The Iowa Civil Rights Commission was represented by Teresa Baustian, Assistant Attorney General. The Complainant and the Respondents were not represented by counsel.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code § 17A.16(i) (1991). The findings of fact are required to be based solely on evidence in the record and on matters officially noticed in the record. Id at 17A.12(8). Each conclusion of law must be supported by legal authority or reasoned opinion. Id. at 17A.16(l).

The Iowa Civil Rights Act requires that the existence of housing discrimination be determined in light of the record as a whole. See Iowa Code § 601A.15(8) (1991). Therefore, all evidence in the record and matters officially noticed have been carefully reviewed. The use of supporting transcript and exhibit references should not be interpreted to mean that contrary evidence has been overlooked or ignored.

In considering witness credibility, the Administrative Law Judge has carefully scrutinized all testimony, the circumstances under which it was given, and the evidence bolstering or detracting from the believability of each witness. Due consideration has been given to the state of mind and demeanor of each witness while testifying, his or her opportunity to observe and accurately relate the matters discussed, the basis for any opinions given by the witness, whether the testimony has in any meaningful or significant way been supported or contradicted by other testimony or documentary evidence, any bias or prejudice of each witness toward the case, and the manner in which each witness will be affected
by a particular decision in the case.