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Unapproved Minutes – May 13, 2016 Meeting of the Iowa Civil Rights Commission
I.Roll Call: Williams, Lipski, Oelschlaeger (by phone), Hou (by phone), Hosford
Staff: Director Johnson
AG: Fiala, Bennett
Counsel for the parties: Allen Richards, Robert Sabers (by phone)
II.Motion by Lipski, seconded by Hou to approve minutes from 3-4-15; motion approved.
III.Public hearing on Respondents’ appeal in ICRC Nos. 03-13-64009 and 03-13-63965, DIA Nos. 14ICRC009, 14ICRC010. Arguments were heard from Respondents, represented by Allen Richards, Complainants, represented by Robert Sabers, and the ICRC, represented by Katie Fiala. For issues presented to the Commission, see briefs filed by parties. At approximately 2:00 pm, a motion was made by Commissioner Lipski and seconded by Commissioner Hosford to close for deliberations pursuant to Iowa Code § 21.5(1)(f) to discuss a decision to be rendered in a contested case. A roll call vote was held and all members of the Commission present voted to go to closed session deliberations. Director Johnson excused herself from closed session due to her representation of the Commission in an earlier phase of the case.
At approximately 2:42 pm, the Commission left closed session after motion by Commissioner Hosford and seconded by Commissioner Lipski and unanimous roll call vote. Commissioner Oelschlaeger moved that the proposed decision of the Administrative Law Judge be remanded to the Administrative Law Judge for consideration of: 1) whether to approve the motion to add Respondents; 2) the issue of personal liability of Respondent Kuhle, if any; and 3) the issue of ongoing attorney’s fees. The Administrative Law Judge shall be authorized to take additional evidence if deemed necessary. A written order will follow. Commissioner Lipski seconded the Motion. Each member stated his or her vote upon roll call approving the motion, which was approved unanimously. Commissioner Williams was authorized to sign the written order on behalf of the Commission.
a.Commissioner Angela Williams – went to the annual Junior League meeting, where recognition was given to individuals who work with Dorothy’s House, which assists victims of human trafficking.
b.Commissioner Patricia Lipski –accompanied her son’s class to the African American museum in Cedar Rapids, and she recommends anyone to visit.
c.Commissioner Lily Hou – nothing to report.
d.Commissioner Doug Oelschlaeger – nothing to report.
e.Commissioner Mathew Hosford – attended the One Iowa Gala event earlier in the spring and heard stories about how civil rights of individuals are treated in other states, which serves as a reminder of the great work the Iowa Civil Rights Commission, and the state of Iowa is more progressive than the rest of the country recognizes.
VI.Director’s Report – Director Johnson reported that the Waterloo Commission host, Abraham Funchness, had escorted the Commission to the meeting but was unable to stay to greet everyone. The Iowa Civil Rights Commission thanks the Waterloo Commission for providing the facility, as well as refreshments. Director Johnson also reported that no legislative changes were made to Iowa Code Chapter 216 in the legislative session. The ICRC’s approved budget for the general fund was not reduced, but remains the same for the fifth year in a row. Next year’s budget request will hopefully include an amount to cover an update to the electronic case management system designed to move the ICRC toward a paperless system. Finally, the ICRC will be hosting a booth at the Iowa State Fair.
VII.Election of Chair/Co-Chair – Commission Chair Williams described the duties as Chair. Commissioner Williams has a great relationship with ICRC staff, and she is called upon to sign complaints, settlements, and other administrative matters, which require her to go to the office in Des Moines at least three times per month. She mostly works with Don Grove. Much of the work is accomplished through email. Public outreach and education, hosting and leading meetings are additional duties. Commissioner Oelschlaeger moved that Commissioner Williams be re-elected chair, seconded by Commissioner Lipski. Commissioner Lipski amended the motion by moving that the motion be approved by unanimous acclamation. Motion approved on a voice vote.
Commissioner Lipski indicated she would be willing to continue as co-chair. Commissioner Oelschlaeger moved that Commissioner Lipski be re-elected co-chair by unanimous acclamation. Motion approved on a voice vote.
VIII.Public Comment – none.
V.Next meeting will be on July 15, 2016 at the Grimes Building at 2:00 pm.
VI.At approximately 3:05 pm, Commissioner Lipski moved that the Commission adjourn, seconded by Commissioner Hosford, motion approved unanimously.
Meeting adjourned after motion and vote to adjourn.