BEFORE THE IOWA CIVIL RIGHTS COMMISSION RONALD E. NICOL, Complainant,
VS.

BUCHANAN COUNTY SHERIFF'S DEPARTMENT and BUCHANAN COUNTY BOARD OF SUPERVISORS, Respondents.



CP # 10-85-13693

FINAL DECISION AND ORDER

1. On July 19, 1990, the Iowa Civil Rights Commission, at its regular meeting, reversed the Administrative Law Judge's proposed decision and order in the above captioned case to the extent that the proposed decision and order found that Respondents had violated Iowa Code section 601A.6 by failing to accommodate Complainant Nicol's disability of multiple sclerosis and by constructively discharging Complainant Nicol.

2. In accordance with the Commission's decision, Findings of Fact Nos. 44-49, the last sentence of Finding of Fact No. 51, and Findings of Fact Nos. 53-65 are deleted from the proposed decision.

3. In accordance with the Commission's decision, Conclusions of Law Nos. 25-49 and the unnumbered Conclusion of Law under "Motion to Dismiss" are deleted. Paragraphs A-M of the Decision and Order are also deleted.

4. The finding that the Respondents had failed to accommodate Ronald E. Nicol is reversed because, in light of the record as a whole, as of the date of his resignation, Complainant Nicol no longer possessed the job qualifications as a result of his disability. The complaint in the above captioned case is hereby dismissed.

IT IS SO ORDERED.
Signed this the 23rd day of July, 1990.


Abigail Pumroy
Chairperson
Iowa Civil Rights Commission



Copies to:

Rick Autry
Assistant Attorney General



Allan Vander Hart
Buchanan County Attorney
Buchanan County Courthouse
Independence, Iowa 50644



Buchanan County Sheriff's Department 210 - 5th Avenue S.E.
Independence, Iowa 50644



Buchanan County Board of Supervisors 210 - 5th Avenue S.E.
Independence, Iowa 50644



Ronald E. Nicol
P.O. Box 203
Hazelton, Iowa 50641

Note: As indicated by this final decision, the proposed decision was reversed and the case dismissed. The complainant appealed the final decision. The Commission was affirmed by both the District Court for Polk County and the Iowa Supreme Court. Both of those decisions are published in this edition of the Case Reports.