BEFORE THE IOWA CIVIL RIGHTS COMMISSION
FRANK ROBINSON, Complainant, and IOWA CIVIL RIGHTS COMMISSION,
VS.
METRO PAVERS, Respondent.
CP # 08-86-15103
SUPPLEMENTAL PROPOSED DECISION AND ORDER ON
THE AWARD OF ATTORNEYS FEES
FINDINGS OF FACT
1. Paragraphs G and H of the Commission's Final Decision and Order
in this case, which was adopted by the Commission on April 2,1991, provided:
G. Within 45 calendar days of the date of this order, provided that agreement can be reached between the parties on this issue, the parties shall' submit a written stipulation stating the remaining amount of the attorney's fees to be awarded Complainant's attorney. 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 the determining the proper amount of fees to be awarded. If no written notice is received by the expiration of 45 calendar days from the date of this order, the Administrative Law Judge shall schedule a conference in order to determine the status of the attorneys fees issue and to determine whether an evidentiary hearing should be scheduled or other appropriate action taken. Once the full stipulation is submitted or the hearing is completed, the Administrative Law Judge shall submit for the Commission's consideration a Supplemental Proposed Decision and Order setting forth a determination of attorney's fees.
H. The Commission retains jurisdiction of this case in order to determine the remaining amount of attorneys fees to which Complainant is entitled to under this order and to enter a subsequent order awarding these fees. This order is final in all respects except for the determination of the amount of the attorney's fees.
2. After 45 calendar days had passed from the date of the Commission's
order, a telephone conference with counsel for all the parties was held
on June 19, 1991 in order to "determine the status of the attorneys
fees issue and to determine whether an evidentiary hearing on attorneys
fees should be scheduled or other appropriate action taken for the period
of time from August 10, 1990 to April 2, 1991." At this conference,
it was agreed that counsel for complainant and respondent would submit a
joint stipulation of fees to the Administrative Law Judge.
3. A joint stipulation of fees was received by the Administrative Law
Judge. on July 15, 1991. This document, entitled "JOINT STIPULATION
RE: ATTORNEY FEES," and the itemized statement of complainant's attorneys
fee and costs, entitled "STATEMENT OF ACCOUNT," are attached to
this Decision and Order and are hereby incorporated by this reference as
if fully set forth herein.
4. In accordance with the joint stipulation, it is found that:
a. The complainant's attorneys fees were billed at one hundred dollars ($100.00) per hour for 11.5 hours for a total of one thousand one hundred fifty dollars ($1,150.00). The hourly rate and number of hours expended are reasonable.
b. The costs in the amount of thirty-nine dollars and twenty cents ($39.20) and the expenses in the amount of one hundred ninety dollars ($190.00) as set forth in the itemized statement of account are reasonable.
c. The total sum for attorneys fees, advanced costs and expenses in the amount of one thousand three hundred seventy-nine dollars and twenty cents ($1379.20) is reasonable.
CONCLUSIONS OF LAW
1. The Iowa Civil Rights Act allows the award of damages which
"shall include but are not limited to actual damages, court costs,
and reasonable attorneys fees" as part of the remedial action which
the Commission may take in response to the Respondent's discriminatory practice.
Iowa Code 601A.15(8) (i 991).
2. An award of attorneys fees may be made in the absence of a separate evidentiary hearing where the opportunity for an attorneys fees hearing has been provided and all parties have elected to not take advantage of the opportunity. See Rouse v. Iowa Department of Transportation, 408 N.W.2d 767, 768 (Iowa 1987). In this case, the parties have elected to resolve the matter through stipulation rather than litigation.
3.
[A] 'reasonable attorney's fee" cannot have been meant to compensate only work performed personally by members of the bar. Rather the term must refer to a reasonable fee for the work product of the attorney. Thus the fee must take into account the work not only of attorneys, but also of secretaries, messengers, librarians, janitors, and others whose labor contributes to the work product for which an attorney bills her client; and it must also take into account other expenses and profit.
Missouri v. Jenkins, 491 U.S. ____ , 105 L.Ed.2d
299, 241 (1989).
13. In accordance with the legal standards set forth above, and in light
of the joint stipulation of fees, the Complainant should receive a fully
compensatory attorney's fee award, including expenses and costs, of one
thousand three hundred seventy-nine dollars and twenty cents ($1379.20)
for the period from August 10, 1990 to April 2, 1991.
DECISION AND ORDER
IT IS ORDERED, ADJUDGED, AND DECREED that:
A. The Complainant, Frank Robinson, is entitled to a judgement of one thousand three hundred seventynine dollars and twenty cents (1379.20) in attorneys fees for the period from August 10, 1990 to April 2, 1991 against Respondent Metro Pavers.
Signed this the 18th day of July 1991.
DONALD W. BOHLKEN
Administrative Law Judge
Iowa Civil Rights Commission
211 E. Maple
Des Moines, Iowa 50319
515-281-4480