RONALD E. NICOL, Complainant,

VS.

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

COURSE OF PROCEEDINGS

This matter came before the Iowa Civil Rights Commission on the amended Complaint filed by Ronald Nicol against the Respondents Buchanan County Sheriff's Department and the Buchanan County Board of Supervisors alleging discrimination on the bases of age and disability in employment.

Mr. Nicol alleges that he was compelled to resign from his position as deputy sheriff because Respondents would not accommodate his disability and because of several actions of harassment taken due to his disability by the Respondents. These actions were the Sheriff's attempts to obtain doctor's statements setting forth the complainant's capabilities; the sheriff's reaction to the doctor's statement first provided by Complainant; reprimands of the Complainant for failure to wear his uniform and for improper service of papers, and removal of Complainant's rank as captain. By his amended complaint, Complainant asserted that Respondents' actions were also taken due to his age and alleged another action by the Respondents, i.e. that the Sheriff had, due to his age and disability, suggested that he retire from employment.

A public hearing on this complaint was held on August 10, 1989 before the Honorable Donald W. Bohiken,Administrative Law Judge,at the Conference Room of the Buchanan County Courthouse in Independence, Iowa. The Respondent was represented by Allan Vander Hart, Buchanan County Attorney. The Iowa Civil Rights Commission was represented by Rick Autry, Assistant Attorney General.

The findings of fact and conclusions of law are incorporated in this contested case decision in accordance with Iowa Code §§ 17A.16(l) (1989). 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 disability and age discrimination be determined in light of the record as a whole. See Iowa Code § 601A.15(8) (1989). 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 beer. 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.