HomeMy WebLinkAbout1980-02-26 Info PacketCity of Iowa C116,
MEMORANDUM
DATE: February 22, 1980
TO: City Council
FROM: City Manager
RE: Informal Agendas and Meeting Schedule
February
25, 1980
Monday
1:30 - 5:15
P.M.
1:30
P.M. -
Review
zoning applications (Scott Boulevard Plan; Lower
2:00
P.M. -
West
Branch Road Vacation)
2:00
P.M. -
Highlander
Lift Station - Public Works
2:30
P.M. -
Council
agenda, Council time, and Council committee reports
3:00
P.M. -
Discuss
Area Crime Commission - Police Chief
3:30
P.M. -
Discuss
Transit Levy - Finance
4:00
P.M. -
Discuss
Freeway 518 Agreement - Staff
4:30
P. 14. -
Discuss
Regional Planning Reorganization - Staff
5:00
P.M. -
Executive Session - Collective Bargaining
February 26, 1980 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
March 3,
1980
Monda
1:30 - 5:00
P.M.
1:30
P.M. -
Review zoning applications
2:00
P.M. -
Council agenda, Council time, Council
committee reports
2:30
P.M. -
Discuss Foster Road/Comprehensive Plan
Amendment - Planning
and Program Development
3:30
P.M. -
Executive Session - Pending Litigation
4:00
P.M. -
Consider appointment to the Resources
Conservation Commission
March 4, 1980 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING ITEMS
Northside Study
Area Transportation Study
Review of Budget Process
Undergrounding of Services in CBD
Spruce Street Drainage
Appointments to Civil Service Commission, Board of Police and Fire Trustees
and Board of Appeals - March 11, 1980
Appointment to Governor Lucas Square Commission - March 18, 1980
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MEMORANDUM
DATE: February 22, 1980
TO: City Council
FROM: Clemens Erdahl for Rules Committee
RE: Bylaws
After due deliberation, the Rules Committee feels the City Council should
approve the bylaws of the Broadband Telecommunications Commission and the
Housing Commission. A resolution to approve these bylaws will be placed
on the agenda for the Council meeting of March 4.
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City of Iowa CIO.
MEMORANDUM
Date: February 21, 1980
To: Airport Commission and City Council
From: Cit�alger
Re: Use of Proceeds from Sale of Airport Land
The legal staff has reviewed with the FAA the conditions for use of
the proceeds from the sale of airport land. The FAA has indicated
that restrictions which appear in the agreement are consistent with
FAA policy. Therefore, the Airport Commission must use the proceeds
only for items of airport development consistent with FAA priorities
and these .funds cannot be used as matching funds under the.airport
development aid program.
While the agreement indicates that the proceeds must be used by April
6, 1981, FAA indicated that the deadline is flexible.
bj/sp
cc: Fred Zehr
Ira Bolnick
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City of Iowa City
MEMORANDUM
Date: February 22, 1980
To: City Council
i
From: Assistant City Manager
Re: EEOC Lawsuit
Attached is a copy of a memorandum from the League of Iowa
Municipalities requesting participation from Iowa cities in funding
the defense of a lawsuit pertaining to age discrimination. Also
attached are responses from our Finance Director, Legal Department
and Human Relations Director.
It appears that the members of the Pension Board rather than the City
per se has control of the pension system expense fund. Therefore, it
would appear that Council has three basic choices regarding this
matter.
1. Council could elect to participate and request that the Pension
Board approve use of money from the expense fund for this
purpose.
2. Council could choose to participate and allocate other funds
for this purpose.
3. Council could decline to become financially involved.
At this time, it is unknown how many other cities will participate.
Therefore,.:Council may wish to defer a final decision until we have
some indication from the League regarding what other cities have
expressed an interest. In any case, the League has requested a
response by February 25 and I will convey your decision to them
immediately.
cc: Rosemary Vitosh
Nancy Heaton
Patricia Brown
Roger Scholten
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City of Iowa City
MEMORANDUM
Date: February 22, 1980
To: City Council
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From: Assistant City Manager
Re: EEOC Lawsuit
Attached is a copy of a memorandum from the League of Iowa
Municipalities requesting participation from Iowa cities in funding
the defense of a lawsuit pertaining to age discrimination. Also
attached are responses from our Finance Director, Legal Department
and Human Relations Director.
It appears that the members of the Pension Board rather than the City
per se has control of the pension system expense fund. Therefore, it
would appear that Council has three basic choices regarding this
matter.
1. Council could elect to participate and request that the Pension
Board approve use of money from the expense fund for this
purpose.
2. Council could choose to participate and allocate other funds
for this purpose.
3. Council could decline to become financially involved.
At this time, it is unknown how many other cities will participate.
Therefore,.:Council may wish to defer a final decision until we have
some indication from the League regarding what other cities have
expressed an interest. In any case, the League has requested a
response by February 25 and I will convey your decision to them
immediately.
cc: Rosemary Vitosh
Nancy Heaton
Patricia Brown
Roger Scholten
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League of Iowa Municipalities
Suite 100 - 900 Des Moines Stteet, Des Moines, Iowa 50316 - 515/2G5 9961
February 11, 1980
'110: Mayors -Chapter 411 Pension System'.
FROM: Robert W. Ilarpster, Executive Director
SUB.)ECT: E.H.O.C, LAWSDI.1'
-----------------------------------------------------------------------------
The Equal Employment Opportunity Commission has filed a lawsuit against
the City of Council Bluffs, Iowa, and the State of Iowa claiming that the
City is guilty of discrimination under the Age Discrimination in Employment
4
Act of 1977 (AREA). 'rhe lawsuit is based on Section 411.6(6) which provides
as follows:
6
Upon retirement for aceidential disability
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a member shall receive a service retirement
allowance if the member has attained the
age of fity-five, otherwise the member shall
receive an accidental disability retirement
allowance which shall consist of a pension i
equal to 66-2/3 percent of the member's
average final compensation.
E.E.O.C. claims that this discriminates against a person of fity-five
years of age or older and is asking, as a remedy, that Council Bluffs be
required to pay all members retired under the accidential disability retire-
ment provisions with two-thirds (2/3) of their average final compensation.
The City of Council Bluffs has inquired whether the League would in-
tervene in this case and take over its defense as the decision in this
lawsuit would be binding on all other cities in Iowa with a pension system.
Our legal counsel has reviewed all of the pleadings in this case, and has
completed preliminary research, and believes that there are both procedural
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and substantive grounds for defense.
The State is taking the position that it is not,and cannot,be a party
to this lawsuit as under no circumstances could the State be considered
responsible. Our legal counsel does not believe that the State will be dis-
missed from the lawsuit, but there does appear to be it strong possibility that
the best interest of the municipalities and the best interest of the State
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may be in conflict in this case.
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The League has not budgeted funds for a major lawsuit of this kind and
would want each of the cities with a Chapter 411 pension system to contribute
a proportionate share of the total expenses involved. There are presently
45 cities with pension systems having a total of approximately 3,500 employees
under the pension system, and we would ask each city to pay a proportionate
share based on a per employee figure.
It is the opinion of our legal counsel that these funds could come from
the expense fund established under Section 411.8(3) if the city desires to
use those funds.
It is extremely important that this matter be reviewed by you immediately
and that we receive your response in time for action of the League Board at i
our meeting on February 29, 1980.
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please circulate this letter to the appropriate departmont and respond
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by February 25th.
If you have any questions, please give me a call.
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City of Iowa City
f - MEMORANDUM
Date: February 13, 1980
To: Dale Helling, Assistant City Manager
From: Rosemary Vitosh, Director of Finance
Re: EEOC Lawsuit
To begin with, the State should be considered the only responsible
party in this lawsuit. The provision from Section 411.6(6) results
from legislation passed by the State Legislature regarding revisions
to the police and fire pension and retirement system set up by the
Code of Iowa. Cities have no control over the regulations set forth
by the Code of Iowa regarding the police and fire pension system and
must by State law comply with the Code in providing pension benefits
for this group of employees. Why should the City have to pay to
defend regulations set by the State Legislature?
Cities' interest in this lawsuit lies in the fact that if all members
receiving an accidental disability retirement were paid based on the
two-thirds amount, the total cost to the cities would increase.
However, the real cost would be to the local property taxpayers. If
the City must pay to defend such a lawsuit, that city should have
some authority in setting up the provisions and benefits of the
pension system. In the State of Iowa, this is not the case.
The City of Iowa City currently has 100 employees in its police and
fire pension system. Therefore, based upon an approximate figure of
3,500 employees State-wide, Iowa City's share would be 1/35 of the
total litigation cost. Approximately two years ago, the City of Iowa
City set up an expense fund for the retirement system. The balance
of that fund at December 31, 1979, was $18,600. Therefore, the City
of Iowa City should have enough money on hand currently to pay any
possible litigation expenses. I do feel that consideration should be
given to the fact that the City should not be the responsible party
in this lawsuit and thus should not have to bear the cost of such
litigation.
Pension Board was scheduled for its next monthly meeting on
February 27, 1980. In discussing this lawsuit with Nancy Heaton, she
will attempt to reschedule the Pension Board meeting to February 20.
In this way, it will be possible for this item to be discussed by the
Pension Board and to provide you with some input from that Board. We
will get that information to you as soon as possible after the Board
meets so that r will be able to respond to the League by the
February 25 deadline.
cc: Nancy Heaton
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City of Iowa City
MEMORANDUM
DATE: February 15, 1980
TO: Dale Helling, Assistant City Manager
FROM: Patricia S. Brown, Director, Human Relations
RE: EEOC Lawsuit
According to the provision of the Age Discriminarion in Employment
Act of 1977, employers are required to provide equal benefits and
coverage to all employees regardless of age.
If EEOC is successful in its lawsuit, the City would have•to
examine all benefits it presently provides, to discern whether
coverage is equally distributed. We have begun this process
insofar as Blue Cross/Blue Shield is concerned.
Unfortunately, once EEOC begins to examine a particular municipality
for alleged infractions, they usually continue with a system -wide
examination of practices which could present further problems for
other Iowa cities.
PSB/sam
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City of Iowa City
MEMORANDUM
DATE: February 22, 1980
TO: Dale Helling, Assistant City Manager
FROM: Roger Scholten, Assistant City Attorneyp
RE: League of Municipalities - E.E.O.C. Lawsuit
Informal conversations that Nancy Heaton and I had with members
of the Police and Fire Pension Boards indicate a general opposition
to supporting the.League's proposed litigation. The members them-
selves question the unfairness and arbitrariness of the statute
which established age 55 as a determining factor of pension
benefits. The members of the Boards as trustees of the pension
funds also question the appropriateness of using the pension
expense fund to pay for the League's litigation.
The League's proposal is therefore somewhat unrealistic, in that
the Pension Boards must approve any expenditure from the pension
expense fund. It appears doubtful that the Police and Fire members
will vote to support litigation which would appear contrary to
their own personal interests.
It is also questionable whether the City would wish to commit
itself to supporting the litigation until it is known how many
other cities will participate.
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City of Iowa City
MEMORANDUM
DATE: February 22, 1980
TO: Dale Helling, Assistant City Manager
FROM: Roger Scholten, Assistant City Attorneyp
RE: League of Municipalities - E.E.O.C. Lawsuit
Informal conversations that Nancy Heaton and I had with members
of the Police and Fire Pension Boards indicate a general opposition
to supporting the.League's proposed litigation. The members them-
selves question the unfairness and arbitrariness of the statute
which established age 55 as a determining factor of pension
benefits. The members of the Boards as trustees of the pension
funds also question the appropriateness of using the pension
expense fund to pay for the League's litigation.
The League's proposal is therefore somewhat unrealistic, in that
the Pension Boards must approve any expenditure from the pension
expense fund. It appears doubtful that the Police and Fire members
will vote to support litigation which would appear contrary to
their own personal interests.
It is also questionable whether the City would wish to commit
itself to supporting the litigation until it is known how many
other cities will participate.
RKS/ej
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CITY OF IOWA CITY
CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 354.180D
February 19, 1980
Dr. Nicholas J. Karagan
President, Iowa City School Board
1040 William Street
Iowa City, Iowa 52240
Dear Dr. Karagan:
The purpose of this letter is to follow up our recent conversation regarding the
school crossing guard program in Iowa City. The City Council is soliciting the
support of the School Board in maintaining the program at its current level.
A year ago the Council set a maximum budget limit of $25,000 for the program
during the 1979-1980 school year. At that time the School Board was invited to
participate in the program through financial assistance. However, the Board
declined and referred our staff to the Districtwide Parent's Organization Safety
Committee for assistance in determining how the program might best be
implemented within our budget constraints. Since that time our Traffic Engineer
has met with the Safety Committee as well as with various DPO representatives
from various schools. In order to stay within the $25,000 maximum budgeted
amount, it becomes necessary to reduce the program during the current school
year. This inevitability has been the subject of highly publicized Council
discussions on several occasions during the past year and has been conveyed to
the DPO and others by our staff. In addition, financial implications for the
next fiscal year have forced us to cut all areas of the City budget for FY81.
This includes a 10% reduction in funding of the crossing guard program which
will reduce that amount to $22,500 for the next school year.
In order to maintain the current number of crossing guards for the next school
year, it has been estimated that funding in the amount of $34,000 for personal
services will be necessary. In addition, about $500 will be budgeted for
equipment.
All recommendations received from the DPO and other organizations have been to
the effect that all the current crossing guards are needed and that the program
cannot be cut. In view of this, the City has been forced to face the prospect of
making unilateral decisions in paring down the program to meet our budget
constraints. The only way that the program can continue to operate at the
current level is for the School District to participate in funding the program.
The City Council feels that this represents the kind of cooperative effort
between the City and the School District which would serve all the community.
We view the safety of our school children as a common responsibility and would
like to see them afforded protection on their way to and from school. I assure
you that our staff will be happy to work with the DPO Safety Committee and others
in assessing and reviewing the program to insure that it will remain as
effective as possible.
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Dr. Nicholas J. Kijan ^I
February 19, 1980
Page 2
Based upon the above, I wish to respond to four questions as requested by
Dr. Cronin in his letter of February 15, 1980.
1. The City Council is requesting that the Board of Education provide
supplemental funding the
of
$12,000 forthe 1980 81f school cyear and $4 crossing00 addivard tionallyitotmaintain n the tthe
current service level for the remainder of the present school year.
2. The City's ultimate goal is to share equitably with the Iowa City Community
School District the cost of an efficient and cost-effective crossing guard
program.
3. The City proposes an intergovernmental agreement under the provisions of
Chapter 28E of the Code of Iowa. This would be worked out by
representative staff persons from the City and the School District.
4. The program now consists of personal services and a few hundred dollars for
equipment. Even in FY79, only $29,485 was expended for personnel. This
figure is nearly equal to the $29,160 projected for FY80's total costs,
The reduction to $25,000 thus represents a decrease of far less than 32%.
The 10% reduction for FY81, as explained above, is representative of City-
wide budget reductions.
You have indicated that you will bring this matter before the School Board at
its regular meeting on February 26, 1980. I sincerely hope that the response of
the Board will be positive. Please feel free to contact me if you have any
further questions or concerns. I will also be happy to have the City
represented at the School Board meeting if you wish.
/`S Pcerely yours,
John R. Balmerl
Mayor
cc: City Council
City Manager
Police Chief
Traffic Engineer
Dr, David Cronin
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Dr. Nicholas J. Kijan ^I
February 19, 1980
Page 2
Based upon the above, I wish to respond to four questions as requested by
Dr. Cronin in his letter of February 15, 1980.
1. The City Council is requesting that the Board of Education provide
supplemental funding the
of
$12,000 forthe 1980 81f school cyear and $4 crossing00 addivard tionallyitotmaintain n the tthe
current service level for the remainder of the present school year.
2. The City's ultimate goal is to share equitably with the Iowa City Community
School District the cost of an efficient and cost-effective crossing guard
program.
3. The City proposes an intergovernmental agreement under the provisions of
Chapter 28E of the Code of Iowa. This would be worked out by
representative staff persons from the City and the School District.
4. The program now consists of personal services and a few hundred dollars for
equipment. Even in FY79, only $29,485 was expended for personnel. This
figure is nearly equal to the $29,160 projected for FY80's total costs,
The reduction to $25,000 thus represents a decrease of far less than 32%.
The 10% reduction for FY81, as explained above, is representative of City-
wide budget reductions.
You have indicated that you will bring this matter before the School Board at
its regular meeting on February 26, 1980. I sincerely hope that the response of
the Board will be positive. Please feel free to contact me if you have any
further questions or concerns. I will also be happy to have the City
represented at the School Board meeting if you wish.
/`S Pcerely yours,
John R. Balmerl
Mayor
cc: City Council
City Manager
Police Chief
Traffic Engineer
Dr, David Cronin
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Street Ligfits Reduce Fear
Well lighted streets may reduce the fear
filar, car thief, or purse snatcher to a more
'
of crime but [here is no statistically signify-
evidence that street lighting reduces
poorly lighted area.
The rate of crime actually increasd in
".
cant
crime itself, according to a study financed
Assistance
certain well -illuminated arras that were
studied, according to Professor James M.
4i .. ..
by the Law Enforcement
Administration(LEAA).
Tien of Rensselaer Polytechnic Institute,
director and vice pf idcntof-
The study recommended that a series or
uniform evaluations be conducted of exist-
the project
Public Systems Evaluation, Inc., of Cam
ing and future street lighting projects to
determine if improved lighting does reduce
bridge, Massachusetts.
This increase, he said, might result from
such factors as car thieves being better able
-
crime.
The evidence is now unclear, it said, on
whether better lighting reduces or merely
to see what they are doing and by more
crime being reported because residents can
displaces crime --sending a would -be bur-
better see inddents taking place.
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City of Iowa City
MEMORANDUM
Date: February 22, 1980
To: City Council
From: Richard J. Plastino, Director of Public Works
Re: Proposal for Improved Lighting in Iowa .Ci y Submitted by
Citizens for Lighting and Safer Streets (CLASS)
A proposal has been submitted to the City to increase street lighting in
the area bounded by Burlington, Clinton, Brown and Governor. The program
proposed is:
1.•, An emphasis on clearing foliage which is obstructing existing street
light.
2. Possible redirection of existing street lights.
3. Additional street lights where needed.
4. A one-year program duration to accumulate data for evaluation.
The measures and indicators for success or failure of the project are
proposed to be:
1. Reports of crime to the Iowa City Police Department.
2. Reports of sexual harassment, assault and rape to the Rape Victim
Advocacy Program.
3. A random sampling of citizens within the total project area via
questionnaire.
At an informal Council meeting Public Works was asked to provide answers
to several questions. These were:
1. The feasibility of changing reflectors to provide a different light
pattern.
2. The feasibility of moving lights from outlying areas to the north
side.
3. The cost to convert from mercury vapor to sodium vapor.
4. The feasibility of realigning lamps.
Answers to these four items are listed below:
1. The feasibility of changing reflectors. The street lights in the
north end currently have a light pattern something like an elongated
egg shape. The majority of the light is thrown out onto the street
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and a minor amount of light falls back onto the sidewalk. There is
no overlap between one street light at one intersection and another
street light at another intersection. This type of lighting is
"spot" lighting. This type of pattern throws the light as far down
the street as possible.
Conversion to other types of reflectors will not help the situation.
If a "round" pattern is used even less light will be thrown up the
street. If the reflector is changed to throw more of the light back
onto the sidewalk the other side of the street receives even less
light. Changing reflectors does not appear to be a promising
technique for improving lighting.
2. The feasibility of moving lights from outlying areas to the
north side. Iowa -Illinois will move up to six lights per year at no
charge. After that lights would be moved on a time and materials
basis. The cost estimate is approximately $100 per light.
Discussions in the informal Council meeting indicated this was not a
feasible alternative since it would deprive outlying areas of
lights.
3. The cost to convert existing mercury vapors to sodium vapor
lights. The mercury vapor lights are depreciated over a 16 year
schedule. After determining the age of the existing lights in the
north end the cost of converting the mercury to sodium vapor was
found to be $4,735. While this makes sense from an energy
standpoint, it doesn't make sense from a cost standpoint.
For better or for worse, the existing rate schedule for lighting has
a cost of $4.96 per month for a 7,000 lumen mercury vapor lamp and
$6.80 per month for an 8,500 lumen high pressure sodium lamp. The
perceived difference between 7,000 and 8,500 lumens is
insignificant; therefore from a cost standpoint it makes sense to
keep the existing mercury vapor lights.
4. The possibility of realigning lamps. There was discussion about
realigning the mast arms of the lamps to throw more light onto the
sidewalk. This has many of the same disadvantages as changing
reflectors. Throwing more light onto the sidewalk on one side of the
street effectively blacks out the other side of the street. To
provide full illumination on sidewalks it would be necessary to
install lights on both sides of the street or have a staggered
pattern at fairly close spacing.
There was some discussion about installing lights at mid -block locations.
The cost over a ten year period for 138 additional mercury vapor
lights (175 watt) is shown below:
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First Year: $ 1,232
Second Year: $ 2,515
Third Year: $ 3,857
Fourth Year: $ 5,255
Fifth Year: $ 6,708
Sixth Year: $ 8,217
Seventh Year: $ 9,334
Eighth Year:. $ 9,537
Ninth Year: $ 9,740
t+ Tenth Year: $ 9 943
GRAND TOTAL: 66,338
The cost over a ten year period for high pressure sodium lights
(100 watt) would be:
First Year: $ 11,261
Second Year: $ 11,592
Third Year: $ 11,940
Fourth Year: $ 12,304
Fifth Year: $ 12,668
Sixth Year: $ 13,066
Seventh Year: $ 13,447
Eighth Year: $ 13,844
Ninth Year: $ 14,258
Tenth Year: $ 14 705
GRAND TOTAL: 129,085
The large cost difference between mercury vapor and sodium vapor is due to
a quirk in the rate schedule. Years ago in an effort to encourage
municipalities to convert from incandescent lights to mercury vapor
lights, a reduced cost schedule was prepared which lowered the first year
cost of the mercury vapor lamp by 85 percent, the second year by 70
percent, etc., etc.
There was interest expressed in calculating the cost to remove all of the
mid -block lights if it was desired in the future. The cost for this would
be $13,800.
There was also interest expressed in trimming of trees to allow the street
lighting to be more effective. Most of the trees in the north end are of a
variety which provide maximum shade to the sidewalk, the street and to
homes in the area. If enough pruning is done to make a real difference in
the amount of street light hitting the sidewalk and the streets, most of
the trees will have a definite butchered appearance. No precise costs
have been calculated on this massive of a tree trimming contract but a
rough estimate would be in the $40,000-$60,000 range.
A review was made of the information on assault statistics presented in
the report submitted by CLASS. This information was prepared from police
records from January 1979 to October 1979 and telephone calls to the Rape
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Victim Advocacy Program from January 1979 to January 1980. Public Works
was not able to obtain the data from the Rape Victim Advocacy Program
since this group advised that it was not ready for public distribution.
Public Works did obtain data for 1978.
In an effort to determine correlation between street lighting and assaults
we went through the police records and the information provided by the
Rape Victim Advocacy Program. Of the assault locations listed in the map,
Public Works determined that 12 came from police records. Of those 12,
five appeared to have occurred on the street in the manner that could be
related to street lighting.
As mentioned, data from the Rape Crisis Line for 1979 was not available.
Data from 1978 indicates that the Rape Crisis Line received a total of 91
calls. Eighteen of these occurred on the street in a manner that could be
related to street lights in Iowa City; 10 of those 18 occurred on the
north side. A brief description of those 10 events is listed below.
Date
Description
Additional Data
1/31/78, 8:00 P.M.
Assault, Center East --
Woman was followed off
Cambus stop, N. Clinton
of the bus by a man --
Street.
followed her to the
University parking ramp -
assaulted her and she
managed to get away.
4/19/78, 8:30 a.m.
Exhibitionist, Fairchild
Description: 5'811,
and Church
slight build, dark hair.
Victim: 24
6/30/78, 10:00 p.m.
Windowpeeker, 900
Woman yelled at man and
block Iowa Avenue
scared him off; was
reported to police
7/29/78, 10:45 a.m.
Attempted rape.
Black male, 516"-518"
Jefferson Street between
tall, medium build, dark
Physics Building and
plastic sunglasses,
East Hall.
medium Afro, beard. Reported
incident to police.
8/7/78, 2:00 p.m. Assault. Black male, same description
y 400 block Gilbert St. as 7/29 call, grabbed
\ woman and kissed her. Was
j reported to Iowa City police.
Man was "talked to" by police.
8/28/78, 11:00 p.m. Windowpeeker.
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
Woman chased man, other
q.
h
I
5
1000 block Church St.
neighbors have reported
similar incidents.
Description: 511011,
r,
20's, short light hair,
tank top, cut-offs.
8/31/78, 2:00
a.m. Harassment.
A group of five men were
Downtown Washington St.
screaming up a woman's
window that they were
going to come up there
and rape her -- advocate
could hear them while
on the phone with the
victim; advocate called
the police for her. The
men fled.
9/19/78, 3:00
a.m. Rape.
Woman was at a friend's
to 3:30 a.m. Alley between Market
house. Walking home
and Bloomington Street
a man grabbed her from
behind, immediately
blindfolded her -- no
S.
"-
description -- sexually
abused her for one-half
hour; reported to police.
10/2/78, 10:30
p.m. Attempted rape.
19 year old woman was
English Philosophy
returning to her dorm
Building and University
after studying -- heard
Library. Between both
noise in bushes, investigated
buildings.
the sound, man grabbed her
and beat her.attempting
to rape her. She
fought him off -- was
reported to Campus Security.
Description: White male,
late 20's, wide nose,
180 pounds, 6'3", deep
voice, dark blazer, dark
pants, tennis shoes,
muscular build.
11/15/78, 4:15
p.m. Harassment.
Black male in a red
Church & Van Buren St.
Mustang pulled along side
of woman walking, said
several obscene things
to her and then drove
slowly off -- reported
TA
MICROFILMED BY
s
-
JO RM MICR+LA13
-
CEDAR RAPIDS • DES MOINES
I
6
incident to police.
There are a large number of assaults but a majority do not appear to be
related to street lighting. Public Works is not knowledgeable about data
relating street lighting to a decrease in assaults. The CLASS proposal
states that "previous research has indicated that well -lit streets lead to
a heightened perception of safety on the part of pedestrians and
residents. There is also tentative support for the reduction of crime,
assaults, etc. in many cities where lighting projects had been attempted."
Public Works would like to make the following comments:
3 1.
If other cities have done street lighting projects it would appear
financially prudent to rely on statistics from these communities
s
rather than set up an experiment in Iowa City. Either Public Works
or the CLASS group or the Police Department should be asked to do a
search of the literature to determine the correlation between on -
street assaults and street lighting.
s2.
The CLASS report suggests that the lighting program be evaluated by
P
reports to the Police Department and reports to the Rape Victim
Advocacy Program. Reports to the police will normally be checked
out, but anonymous phone calls to the Rape Victim Advocacy Program
cannot be relied upon with a sense of confidence. The number of
phone calls could vary greatly depending upon publicity, the social
mood of the times, etc., etc. It is entirely possible that assaults
could be lessened on the north side yet telephone calls increase,
thereby branding the program a failure when in fact perhaps street
lighting might actually reduce crime.
3.
Installing street lights at mid -block locations is not a high level
of lighting. If it is expected that the addition of 138 additional
lights will massively increase the lighting level on the north side,
this is incorrect. There is heavy tree growth in the north end and
the addition of 138 additional lights will make only a marginal
improvement in street lighting. It may be prudent to have Iowa -
Illinois install one additional street light at a mid -block location
to illustrate this fact. In other words, additional mid -block
lighting will still result in dark areas although the situation would
be improved.
4.
The report from CLASS suggests that the project be evaluated by
dividing the area into an area north of Market Street and an area
south of Market Street to Burlington Street. In the area north of
Market Street there would be improved lighting and a neighborhood
safety project. The area south would have only increased lighting.
This creates an impossible set of conditions for any evaluation.
Even a cursory look at the situation reveals a large number of
variables such as the number of night classes given, the amount of
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
y3�
7
police patrol, the severity of the weather, the presence of one or
two deviant persons in the area, the amount of publicity generated
about this problem, etc., etc. Trying to relate the number of
assaults to increased or decreased lighting would be hopeless. As
mentioned earlier, apparently other cities have done well-controlled
studies on this type of situation and the data should be available
without going through a field test of increased lighting.
5. It is Public Works perception that the data base for determining the
number of assaults in the north end is not very convincing. While
there were 91 phone calls to the Rape Crisis Line in 1978 and 12
reports to the Iowa City Police Department in 1979, only 23 of these
were a type of assault that could be related in any manner to street
lighting anywhere in the city.
Most other public expenditures in Iowa City must meet the test of reason-
ableness, logic, and a return for the money spent. This particular
proposal does not appear to meet these criteria. Based on the information
to date, a good argument cannot be made to support the program. In
calculating the cost of lighting in future years, we have used very modest
inflation factors of two to three percent. A ten year cost of $66,000 for
mercury vapor and $129,000 for sodium vapors for just the additional
street lighting in the north end is a significant figure. If literature
or other documentation can show that some specific amount of lighting will
result in a definite decrease in on -street assaults, then perhaps an
argument can be made for the increased streetlighting.
Public Works recognizes that this is an extremely sensitive subject.
Public Works would like to suggest that the Citizens for Lighting and
Safer Streets together with Public Works and the Police Department should
provide much more information before this project be seriously
considered. Until that time, any expenditure for additional street
lighting may well be a pointless expenditure of public funds in a time of
ever -decreasing revenues.
bdw/sp
cc: Kathryn B. Ward
Terry Kelly
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
y3g
Date: February 19, 1980
To: City Council
From: Dick Plastir,o`\\
Re: Land Negotiation�o �ott Blvd.
Chuck Schmadeke, the new City Engineer, and Angie Ryan of the Legal
Department are ,handling land negotiations with property owners on
Scott Blvd. between American Legion and Highway 6.
As with all negotiations it is important that only these two
individuals talk with the property owners in that area. I would like
to request that the City Council beg off from answering any questions
or discussing this project at all with any property owners in the
area. It is important that all property owners receive exactly the
same statements from the City and receive exactly the same treatment
from the City. If more than one person talks for the City this will
not occur. Most of the property owners in the area are well
acquainted with each other and any lack of consistency in our
communications will delay this job.
If Council wants to know the status of land acquisition on this
project please contact me and we will discuss it with you at your
convenience. Our intent in asking you to follow these guidelines is
to speed this project up to the maximum extent possible.
cc: Scott Blvd. Phase I
Chuck Schmadeke
Angie Ryan
tp/2/2
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
1
I
f
t
1
j
P
c
,
Date: February 19, 1980
To: City Council
From: Dick Plastir,o`\\
Re: Land Negotiation�o �ott Blvd.
Chuck Schmadeke, the new City Engineer, and Angie Ryan of the Legal
Department are ,handling land negotiations with property owners on
Scott Blvd. between American Legion and Highway 6.
As with all negotiations it is important that only these two
individuals talk with the property owners in that area. I would like
to request that the City Council beg off from answering any questions
or discussing this project at all with any property owners in the
area. It is important that all property owners receive exactly the
same statements from the City and receive exactly the same treatment
from the City. If more than one person talks for the City this will
not occur. Most of the property owners in the area are well
acquainted with each other and any lack of consistency in our
communications will delay this job.
If Council wants to know the status of land acquisition on this
project please contact me and we will discuss it with you at your
convenience. Our intent in asking you to follow these guidelines is
to speed this project up to the maximum extent possible.
cc: Scott Blvd. Phase I
Chuck Schmadeke
Angie Ryan
tp/2/2
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
0
City of Iowa CK�l
MEMO.�
Date: February 20, 1980
To: City Council
From: Dick Plastino, Director of Public Works L I
Re: Drainage Ditch Adjacent to Long John Sil e
Cilek Hardware, and Mini -mall Shopping Center ' Ken's Pizza, Lenoch &
There is an open ditch that runs behind the above-named businesses. The Johnson
County Health Department has been concerned about the large rat population that
lives on the banks of this open ditch.
The Johnson County Health Department Director has asked the City to present some
engineering solutions to this problem.
Engineering has four alternatives:
I. Open concrete lined channel with two and a half foot sidewalls - $61,830
2. Open concrete lined channel with five and a half foot sidewalls - $67,690
3. Open concrete lined channel with eight foot sidewalls - $78,820
4. Enclosed storm sewer - $61,815.
All of the above cost figures should be adjusted by ten percent contingencies
and varying amounts for land acquisition. The two and a half foot high
retaining wall would require some land acquisition since the bank leading into
Lenoch & Cilek would have to be cut down and would be made unusable for any other
purpose. The pipe would not require any additional land area.
The existing City design standards have regulations which will prevent this type
Of situation from occurring in the future, however, they do not help resolve the
existing problem.
Two sources of funding are available. These are general revenues and special
assessment. No argument can be made for funding this project with general
revenues. A special assessment is recommended if any improvements are made. It
is felt that almost all of the property owners will object and it will take a
majority vote of Council to pass the special assessment project.
Public Works recommends that this information be transmitted to the Johnson
County Health Department. If they feel the rat population can be handled by
less dramatic measures they should work with the involved property owners. If
they feel that a concrete channel or pipe is the solution, they should transmit
that recommendation to Council and Council should then consider going ahead with
the special assessment project.
bdw2/14-15
cc: Chuck Schmadeke
Don Schmeiser
MICROFILMED BY
JORM MICR+LAF3
CEDAR RAPIDS • DES MOINES
City of Iowa Citti
MEMORANDUM
Date: February 8, 1980
To: Neal Berlin, City Manager
From: Dennis Kraft, Director of Planning and Program Development
t
Re: CDBG Allocations for FY81
I received a call from Larry Heeren in the Omaha HUD Area Office on February 5. He
indicated to me that he had just received a response to a letter that he sent to
the central HUD office in December relating to Small Cities and entitlement block
of Iowa
also
ed that
arant letterlocations for following up the
whatihe said but hat itemight take atperiod of time there
would
be
time forthe
letter to reach us and that he therefore was calling me with the information.
The estimated federal FY81 block grant entitlement will be $770,000. This will be
for the federal fiscal year which begins in October of 1980. This means that the
City of Iowa City would be able to submit an application on or about the first of
October and that by December 15, 1980 to January 1, 1981 the City should receive
approval for $770,000 in block grant funds.
It is also assumed that the City will apply for the second year of the three year
comprehensive small cities grant as of September, 1980. It is anticipated that
HUD will fund the second year of the small cities discretionary grant and that
this will be funded in September of this year. This will be in FY81 for the City
of Iowa City but will be considered FY80 funds for the federal government.
Last year when the City was notified of the three year comprehensive small cities
grant allocation we were told that we would be funded in the amount of $2,000,000
over a three year period. In that we will be considered an entitlement city as of
FY81, the third year of the small cities grant will not be funded. This means that
the grant for the 3rd year (September 1, 1981 to August 31, 1982) will not be
funded. The reason for this 1s that once Iowa City officially becomes an
entitlement community we will not be eligible to receive of additional small
cities discretionary funds. The amount of the third year small cities grant would
have been $695,000.
In summary, what this means is that Iowa City will be receiving, or could be
receiving, if all things work out according to schedule, both a second year small
cities discretionary grant and an entitlement grant for approximately an eight
month period (January 1981 through August 1981) and that the anticipated level of
entitlement funding beginning with the federal FY81 allocation will exceed the
amount that we would have received under the small cities discretionary program.
If you have further questions on the anticipated sources and level of funding for
these programs, please do not hesitate to contact me.
bdw4/1-2
cc: Jim Hencin
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
yy� �
I
101YA CI'VII RIGHTS COPYUMISSIW?
ElOhth Floor — Colony Bldg.
50% Tenth Street ' • 1 1 1980
Des Moines, Iowa 50310 t'ECEIVI_-D JO
Phone 515/201.4121
OOVLPoYOII
nuberl O. Ray
COMMISSIONERS
Harriette J. Druce
Dos Moines
L. Tait Cummins
Cutler nepiA,
IInNr-1 W. E un
Furl U4tlp•1
Jack W. Peters
Council mulls
Annelle E. Pieper
Des Milnes
Evelyn* R. Villines
Des Milnes, Iowa
Alfredo D. Parrish
Des Moines, Iowa
Certified Letter No
City of Iowa City
410 E. Washington
Iowa City, Iowa 52240
February 19, 1980
510,613
Thomas Mann. Jr,
Esoculive Oilector
Re;' CPOts 01-79-5630 & 06-79-6031
Thomas J. Miller & Linda Eaton vs.
City of Iowa City & Iowa City Fire Dept.
City of 'Iowa City:
The Iowa Civil Rights Commission has on that 3.5th day of June,'
1978 adopted the enclosed emergency rule,
You may file exs.ept:ionn to the: llear:ing OCE:icer": kes.ommendced
Findings and Order and file briefs in support of arguments.
(Per 17A.15(3) and Rule 240 - 1.15).
Exceptions and briefs must he filed no less than fifteen (.15)
days before the next scheduled Commission meeting on the "20th
day of March a 1980
Louis Martin
Administrative Nenr.Jngs Officer
L?,I/jm
n _..._ _. _... JVnIVI Iv11Vtt0LH0
y CEDAR RAPIDS a DES MOINES
n
■
IAC 7/12%18 Citil Rights(2'IUJ ICh J. P.7
( shall summarize Ibc communication and include it in the fees..,]. Any pally to Ilia cmit.•aled
case shall be immedialeiy notified of the, eonununication and givca a Teascenublz opportunity
to respond, including if necessary, a special hearing.
240-1.12(6011) penalty for ex parte cornrnunicatiurts. The co-:a!ssiort may censure, sus•
pend or revoke the privilege of ,practicing beton it of any person rnakhw ex parte easel•
rnunications to a hearing officer if that person I:noes or rca;urr_b;y should Lulus' lh:tt the cx
pa"t"e tmmm:mication is ill riDlatiun of the Pnwisloos of •.cctioa 17A. 17, wlesce6um 2, or the
Cale.
246-1.13(6DIA) Hearing officer penalty.7'he commission may censure, suspend or dismiss
cern hearing officer ss•ho fails to include an ex parte communication prohibited by section
17,1.17, subsection 2, of the Code, in the record,
2.10-1.1.1(6D11) procedure for determination of pen:dty. The censure of a person or the
suspension or revocation of a person's right to prrctice befo.c 6: commission due to an
alltged Violation or the pruhibiliun aeaiust rax parte communizations shall constihlte a
comested case as that term is dclined in set•iiuu 17A.2 of tt:e lova Code and uo p.rsml
shall be censured or the right to praclicc befurc the t•oruais•,ion by suspended or revo'<cd
without notice and :tit opportunity hr be heard as p:uviacd in Chap ter 17A of lbe Iwsa
Code. "'file lusva Administrative Prucedgrc Act."
2.10--1.15(601A)� Findin,s tine] order.
1.15(1) !ts•comille dcrl rleciriorr. After a rcvicw or city: t:an%,,ipt, the-vidcnce. anti the
briefs, lite hearing of icer shall swig ill retiring his or her lirldins of fact, conclusions of
law, and order. then remnnnend lite same to the commission Gtr iti adoption, ruodilicalim.
or rejection.
1.15(2) Karillecithm. Upon receipt of Ih_ hearing officer's «•amended tlecimion the
eomutiasion shall forward a copy of lite heariul: oflixrs rcro:nrl!:•tte;1 decision to each ai•
the parties. The commission shalt includ:• with the beard;, o!liceCs teeumm.nded decision
notice or the date, lime, awl place or the meeting :at which the commission shall review the
.recommended decision. The notice shall alio advise the parties that if they desire to lake
exceptions to or appeal the reconlmonticd decision they must file the exceptions or append
Stith Ilse commission and that they may file au apprul brief or i..ier is support of eacc{,:iuui
as well. •the appeal ter exceptions and appeal brief is, brier in support of exceptions must be
filed vville the commission no later than ldlecil Calcutta. t!al'i prim a lite coamlittldrl select•
in¢ at whieh the decision sill be reviewed. The parties $hall be afrealed no bass than f rleea
calendar days between the date the hearing orlicer s rrcolarn. :•d t'e. inion is moiled to the
Parties and h • sl• the •t s r• , ,• •.
{ lite .nm tt. ,y{.al Cr esevPtivac and alrs.al b:icl' or brief in cuppurl of
tseep(inns mum( be tiled with the connnisemn.
For purposes of this subrule "times) with the eommissiun sha!I nn:an receipt of Illc
appeal or exceptions and appeal brief or brier in support of eseeptios lif aryl, by Ilse cc,al•
ntismioa a7 its office in Des Moines.
1.1501 Lommissiim rel -low. The commismiun shall 4:14t: sir,; days of IIIc dale it
receives the reeCssonreudcd deckhm or lite Ic,rrim; officer regi::s the detiviun at a cunt•
miction neecting: The amun{ision shall consider all timely fled appeals• mccpt!om awl
'briefs at file rim_• it reviews else rscountteruled (Ieeisioa. 'fhc ro:nrsiss :1 may adopt, mold).
or reject she hImling officer's recomimmk-tl d:•i i.io:: or it mr. ern:aml ;Ir: ray: its Ill..-
It:e!in • ill•" '1 ,• m' '
i, a. air hr the taken„ of .uJr naditiuial r.i.l.rcr :use ti:: race}:illi; is' fmlIIer
rrionunendeti findiugm of facet. eoaciusionm of law, deci•iu:,, :err.: o:%!vr as We commimsitm
deep % neveaary. Upon eomp!cOnl: its revives of ill. II:::rin;: uf6aer's reeumnieutl:•d deeit!uu
j the cal:mismion shall cattle to bare i%%ved the .pit, op:i::e r•::!er. 'I Iv: irteHi::.rlini:
`I euutmi:mioner shAl not hake pace in the eunii:crmion or t:,i,:ice:r ur the rs•ruunn:ended
dsci.iou.
•r.:rnnq, r>w:n,r a it+•t !:•r•F••nt. r:,,.• P,:
I
I CEDAR RAPIDS • DES MOINES I
I
0
1.
I
1
I
i
a
at.
1
IAC 7/12%18 Citil Rights(2'IUJ ICh J. P.7
( shall summarize Ibc communication and include it in the fees..,]. Any pally to Ilia cmit.•aled
case shall be immedialeiy notified of the, eonununication and givca a Teascenublz opportunity
to respond, including if necessary, a special hearing.
240-1.12(6011) penalty for ex parte cornrnunicatiurts. The co-:a!ssiort may censure, sus•
pend or revoke the privilege of ,practicing beton it of any person rnakhw ex parte easel•
rnunications to a hearing officer if that person I:noes or rca;urr_b;y should Lulus' lh:tt the cx
pa"t"e tmmm:mication is ill riDlatiun of the Pnwisloos of •.cctioa 17A. 17, wlesce6um 2, or the
Cale.
246-1.13(6DIA) Hearing officer penalty.7'he commission may censure, suspend or dismiss
cern hearing officer ss•ho fails to include an ex parte communication prohibited by section
17,1.17, subsection 2, of the Code, in the record,
2.10-1.1.1(6D11) procedure for determination of pen:dty. The censure of a person or the
suspension or revocation of a person's right to prrctice befo.c 6: commission due to an
alltged Violation or the pruhibiliun aeaiust rax parte communizations shall constihlte a
comested case as that term is dclined in set•iiuu 17A.2 of tt:e lova Code and uo p.rsml
shall be censured or the right to praclicc befurc the t•oruais•,ion by suspended or revo'<cd
without notice and :tit opportunity hr be heard as p:uviacd in Chap ter 17A of lbe Iwsa
Code. "'file lusva Administrative Prucedgrc Act."
2.10--1.15(601A)� Findin,s tine] order.
1.15(1) !ts•comille dcrl rleciriorr. After a rcvicw or city: t:an%,,ipt, the-vidcnce. anti the
briefs, lite hearing of icer shall swig ill retiring his or her lirldins of fact, conclusions of
law, and order. then remnnnend lite same to the commission Gtr iti adoption, ruodilicalim.
or rejection.
1.15(2) Karillecithm. Upon receipt of Ih_ hearing officer's «•amended tlecimion the
eomutiasion shall forward a copy of lite heariul: oflixrs rcro:nrl!:•tte;1 decision to each ai•
the parties. The commission shalt includ:• with the beard;, o!liceCs teeumm.nded decision
notice or the date, lime, awl place or the meeting :at which the commission shall review the
.recommended decision. The notice shall alio advise the parties that if they desire to lake
exceptions to or appeal the reconlmonticd decision they must file the exceptions or append
Stith Ilse commission and that they may file au apprul brief or i..ier is support of eacc{,:iuui
as well. •the appeal ter exceptions and appeal brief is, brier in support of exceptions must be
filed vville the commission no later than ldlecil Calcutta. t!al'i prim a lite coamlittldrl select•
in¢ at whieh the decision sill be reviewed. The parties $hall be afrealed no bass than f rleea
calendar days between the date the hearing orlicer s rrcolarn. :•d t'e. inion is moiled to the
Parties and h • sl• the •t s r• , ,• •.
{ lite .nm tt. ,y{.al Cr esevPtivac and alrs.al b:icl' or brief in cuppurl of
tseep(inns mum( be tiled with the connnisemn.
For purposes of this subrule "times) with the eommissiun sha!I nn:an receipt of Illc
appeal or exceptions and appeal brief or brier in support of eseeptios lif aryl, by Ilse cc,al•
ntismioa a7 its office in Des Moines.
1.1501 Lommissiim rel -low. The commismiun shall 4:14t: sir,; days of IIIc dale it
receives the reeCssonreudcd deckhm or lite Ic,rrim; officer regi::s the detiviun at a cunt•
miction neecting: The amun{ision shall consider all timely fled appeals• mccpt!om awl
'briefs at file rim_• it reviews else rscountteruled (Ieeisioa. 'fhc ro:nrsiss :1 may adopt, mold).
or reject she hImling officer's recomimmk-tl d:•i i.io:: or it mr. ern:aml ;Ir: ray: its Ill..-
It:e!in • ill•" '1 ,• m' '
i, a. air hr the taken„ of .uJr naditiuial r.i.l.rcr :use ti:: race}:illi; is' fmlIIer
rrionunendeti findiugm of facet. eoaciusionm of law, deci•iu:,, :err.: o:%!vr as We commimsitm
deep % neveaary. Upon eomp!cOnl: its revives of ill. II:::rin;: uf6aer's reeumnieutl:•d deeit!uu
j the cal:mismion shall cattle to bare i%%ved the .pit, op:i::e r•::!er. 'I Iv: irteHi::.rlini:
`I euutmi:mioner shAl not hake pace in the eunii:crmion or t:,i,:ice:r ur the rs•ruunn:ended
dsci.iou.
•r.:rnnq, r>w:n,r a it+•t !:•r•F••nt. r:,,.• P,:
I
I CEDAR RAPIDS • DES MOINES I
I
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E
U
BEFORE•' THE IOWA CIVIL RIGHTS COMMISSION
THOMAS J. MILLER )
ATTORNEY GENERAL OF IOWA, )
Complainant, )
VS. )
CITY OF IOWA CITY and )
CITY OF .IOWA CITY FIRE DEPARTMENT, )
Racpond%nts. )
LINDA EATON,
Complainant,
VS.
CITY OF IOWA CITY and
CITY OF IOWA CITY FIRE DEPARTMENT,
Respondents.
CP #01-79-5630
CP #01-79-6031
HEARING OFFICER'S
PROPOSED FINDINGS OF.FACT,
CONCLUSIONS OF LAW,
RULINGS ON MOTIONS
AND
DECISION AND ORDER.
A hearing was held in the above -captioned case on July 30
and 31 and August 1, 2, 3, 6 and 7, 1979. The hearing officer
I
was William Stansbery. The attorney general., Thomas J. Miller,
was represented by assistant attorney general Victoria L. Herring.'
Complainant• Linda Eaton was represented by Victoria I.. Horrinq
and by Clara Oleson and Jane L. EiY.elberry, attorneys at law.
The respondent, th_ City of Iowa City, was represented by Angela
Ryan, assistant city attorney. I
After the hearing the parties filed briefs. The attorneys
for Linda Eaton filed affidavits concerning their fees. These
affidavits have been marked as Post Hearing Exhibits 1, 2 and 3,
I
and placed with the other Exhibits.
The respondent requested an evidentiary hearing on the issue
of attorney fees. The request was denied by the hearing officer
in a rul.i.ng dated January 2, 1960.
- MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
n
I
During the hearing officer's examination of the evidence, it
appeared that additional evidence concerning a contested issue,
conciliation, could be provided in verified written form from
the investigative file of the Iowa Civil Rights Commission.
The assistant attorney general was directed to provide that in-
formation. It was submitted on January 10, 1980, and has been
marked "Post Hearing Exhibit 4" and placed with the other Ex-
hibits in this case.
Proposed Conclusions of Law 37 to 47, below, concern issues
which the hearing officer believes should not be considered.
i
They are included so that the Iowa Civil Rights Commission can,
if it determines that those issues should be considered, know
what Conclusions of Law the hearing officer would propose.
Any objections to evidence not ruled on at the hearing are
ihereby overruled.
The hearing officer makes the following proposed Findings
of Fact, Conclusions of Law, Ruling on Motion, and Decision and
Order to the Iowa Civil Rights Commission. ;
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During the hearing officer's examination of the evidence, it
appeared that additional evidence concerning a contested issue,
conciliation, could be provided in verified written form from
the investigative file of the Iowa Civil Rights Commission.
The assistant attorney general was directed to provide that in-
formation. It was submitted on January 10, 1980, and has been
marked "Post Hearing Exhibit 4" and placed with the other Ex-
hibits in this case.
Proposed Conclusions of Law 37 to 47, below, concern issues
which the hearing officer believes should not be considered.
i
They are included so that the Iowa Civil Rights Commission can,
if it determines that those issues should be considered, know
what Conclusions of Law the hearing officer would propose.
Any objections to evidence not ruled on at the hearing are
ihereby overruled.
The hearing officer makes the following proposed Findings
of Fact, Conclusions of Law, Ruling on Motion, and Decision and
Order to the Iowa Civil Rights Commission. ;
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FINDINGS OF FACT:
On July 25, 1979, the parties filed the following stipula-
tion of facts:
J. The. City of Iowa City is a municipal corporation authori-
zed under the laws of the State of Iowa and is an "employer" for
the Purposes of Chapter 601.A of the Code of Io:oa (1979).
2. The City of Iowa City Fire Department is a department of'
the City of Iowa City.
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3. Linda Eaton is an employee of the City of Iowa City, a
mnmhcr. of Local 610 of. the InLornal.ional Association of FLre-
? f.icJhL0r::, AFL-CIO, and obtained permanent. status as an empl.oyet.�
on April 27, 1979.
4. Fire Chief Robert Keating is the Departmental Head of j
the City of Iowa City Fire Department.
5. Larry Kinny is the Fire Marshall and Tommy Hansen is
the Training Officer of the City of Iowa City Fire Department.
j6. The City of Iowa City maintains a City Council-City
Manager form of government pursuant to the Iowa Code (1979).
7. The City Manager, Neal Berlin, is the Administrative
Officer in charge of all employee matters.
i
8. The City Council of the City of Iowa City is comprised
of the following persons: Bob Vevera, Mayor., Carol deProsse,
Mary Neuhauser, John Balmer, Glenn Roberts, Clemens Erdahl and
David Perrot, and these persons have comprised the City Council
since November of. 1977.
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9. Linda Eaton commenced her employment with the City of
Iowa City as a Firefighter on August 18, 1977.
10. The Iowa City Civil Service Commission provides the
selection process for the Fire Department.
11. Linda Isnton applied for a
PF job with the fire department
in the spring of 1977.
12. On February 18, 1977 Linda Eaton completed six months !
Of employment at the fire department. She was evaluated by her
superiors and was given a merit increase in her pay on the basis
Of those evaluations.
1.3. Linde Salon hrca?me pregnant and wan t.raneferrnd from
UIP fire department to another job within the City because it was '
the opinion of the City physician that smoke inhalation might
damage the fetus; she was transferred on May 13, 1979.
14. On October 2, 1978, Linda Eaton gave birth to her son,
Ian and went on leave from the City.
15. Linda Eaton is a permanent employee of the CiLy as of �
April. 27, 1979. i
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16. The chain of command in Linda Eaton's case is as
follows: Her shift's lieutenant is the immediate office above
her (Miller). The Captain is next step up the ladder (Fielstad).
The Battalion Chief is the head of each shift (Kloos). Chief
Keating is the head of the department and .answers to City Manager
Neal. Berlin.
1.7. Thu Piro Department is composed of three shifts. The
Fire Chief is the head of the department.
The following facts are proposed to clarify the stipulated
facts:
1.8. The data of Pubruary 1.8, 1977, in st.ipu.tatel finding of
fact 12 is erroneous. The correct date is February 18, 1978.
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19. The date of May 13, 1979, in stipulated finding of fact
13 is erroneous. The correct date is May 13, 1978.
In addition to the stipulated facts, the following findings
;of fact are proposed:
20. The complaint of Thomas J. Miller, Attorney General of
Iowa, was filed on January 26, 1979. The complaint named the City;
of Iowa City and the City of Iowa City Fire Department as respon-
dents. The complaint alleged unlawful sex discrimination in
employment and stated that the charge was based on the following
facts:
That on or about January 25, 1979, Linda
Eaton an employee of the Fire Department,
City of Iowa City was suspended from her
job for her acts of breast feeding her i
three (3) month old baby on her assigned
personal time, while male employees who
received family members as visitors on
their personal time were not disciplined.
I charge the Fire Department, City of Iowa
City, with sex discrimination in employ-
mcnl: in violation of Chapter 601A.6 of the
1977 Code of Iowa.
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7.1.. The complaint of: Linda Eaton was filed on June 24, 1979..
The complaint named the same respondent_:*and contained the same
factual allegations as the complaint of the attorney general.
22. On July 9, 1979, the attorney general filed a motion to !
consolid:itc thf, complaint of the attorney cteneral and the complaint
of. Linda Eaton.
23. On July 9, 1979, the hearing officer gave the respondent,
and Linda Eaton until July 18, 1979, to file a written response to
the motion to consolidate. i
24. On July 16, 1979, the attorney for respondent informed
the hearing of.fi.ner that a written response to the motion to con-
solidate had been sent and that ruspondonL did riot resist con-
solidation. The hearing officer did not receive respondent's
written response to the motion to consolidate.
* The respondents will be referred to as one "respondent" below.
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25.
3-
25. On July 23, 1979, the hearing officer consolidated the
complaints of the attorney general and Linda Eaton.
26. At no time has the respondent raised any objection to
the consolidation of the complaints.
27. On July 16, 1979, an assistant attorney general filed
an "Amendment to Complaints" in "Consolidated CY#5630", which
named the complainants as "Thomas J. Miller, Attorney General of
Iowa, and Linda Eaton". That was seven days before the hearing
officer consolidated the complaints.
28. The "Amendment to Complaints" added allegations of re-
Laliation and hora ssment of. Linda Eaton by the rospond:,nt.
29. The respondent has raised no objection to the amendment
of the complaints. i
30. A conciliation meeting was scheduled for April 4, 1979,
after the complaint of the attorney general had been filed but
before the complaint of Linda Eaton had been filed. Before the
conciliation meeting the attorney for the respondent requested
that Linda Eaton be made a party to the complaint prior to the
conciliation meeting. (Tr.p. 1107; Complainant's Exhibits 53,
54). i
31. At the conciliation meeting on April 4, 1979, Linda i
Eaton's attorney presented the conciliator with a written "Ap-
pearance", stating that Linda Eaton was appearing in the matter i
of the complaint of the attorney general. The attorney for the
respondent stated that the appearance was satisfactory. (Tr.pp.
1006-1007, Complainant's Exhibits 55, 56).
32. At the conciliation meeting on April 4, 1.979, the con-
ciliator stated that the question of whether or not there had
been an unfair or discriminatory practice would not be a subject
of conciliation. The purpose of the meeting was to discuss con-
ciliation proposals. The conciliator presented proposals for
conciliation. The conciliator attempted to find grounds for
agreement between the parties, but was unsuccessful. The City
presented proposals for conciliation. At the conclusion of the
mooting Linda Eaton's attorney stated that she would discuss the
city's proposals with Linda Eaton and get back to the conciliator.:
(Complainant's Exhibits 55, 57).
33. During the conciliation meeting the assistant attorney
general representing the attorney general asked the conciliator
if a thirty day wait would be required if Linda Eaton did not
accept the proposals of the respondent. The conciliator replied
th%t as soon as there was a fa.i.l.urc to can-,iliatc, the ease wuuad
be moved on to the next step. (Complainant's Exhibits 55, 57).
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34. On April 23, 1979, the conciliator tcleuhoned the
attorney for respondent to inquire about proposals that had been
submitted by the attorney for Linda Eaton. The attorney for res-
pondent advised the conciliator that those proposals were not
acceptable. The conciliator advised the attorney for respondent
P thatthe proposals submitted by the respondent were not acceptable.
The conciliator asked for a letter from the attorney for rospon-
dent stating that the proposals submitted by the commission staff
and the attorney for Linda Eaton were not acceptable.
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The conciliator told the attorney for the respondent that
the case would be presented to an investigating commissioner
for a recommendation. The attorney for Linda Eaton was also ad-
vised, on April 23, that the case would be presented to an
investiyating commissioner. (Post Hearing Exhibit 4)
35. Between April 23 and May 3, 1979, there was a hearing
in district court concernincg the same parties and the same subject
that is involve2d in the case before the Iowa Civil Rights Com-
mission.
36. On May 3, 1979, the concil.i.ator telephoned the attorney
for respondent. The conciliator asked if the respondent was
w.i.11:i.nq to conciliate in vi.r-w of it cloci.sion by a diskrict court
jurlrle. Thr. ;ittorncy fui rr• pondcnt indicated the respondunt was
not willing to conciliate. The attorney for respondent advised
the conciliator that a letter concerning conciliation would be
mailed. The conciliator advised the attorney for respondent that,
when the letter was received the case would be presented to an
investigating commissioner. (Post Hearing Exhibit 4).
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37. On May 9, 1979, the compliance director of the Iowa
Civil Rights Commission sent to a commissioner a statement that
conciliation had failed, recommended that the case proceed to
public hearing, and asked for the commissioner's agreement or
disagreement with the .recommendation. On May 22, the commissioner
signed a statement agreeing to the recommendation. (Post Hearing,
Exhibit 14).
38. At some time on or. before May 9, 1979, the staff of the
commission ceasod attempts to conciliate the case.
39. The conciliator was still attempting to conciliate as
of May 3, 1979, when she had telephone contact with the attorney
for respondent. The conciliator was awaiting a letter from the
attorney for respondent, and that letter would not have been re-
ceived until at least May 4, 1979, thirty days after the initial
conciliation meeting. It is inferred, from the evidence set out
in Findings of Fact 30-36 that the conciliator was not eager to
terminate the conciliation process arid that she would have been
receptive to any proposals for conciliation at least until the
time she received the letter from the attorney for. rosponcic-nt.
40. The director of the Iowa Civil Rights Commission did
not ordor that further r_ont:il iation bc• hyhar,scd on the complaint.
of the attorney general.. There was no approval by a commissioner
to the bypassing of further. conciliation.
41.. The commission staff did not attempt further concilia-
l.i.on following I.h;! fil.iug or tho complaint of [,i.nan Intun, or
after the amendment of the complaint of the attorney general and
h Linda Eaton to include charges of retaliation and harassment.
42. The director of the Iowa Civil Rights Commission did not
order that conciliation on the complaint of: Linda Eaton be by-
pasued. 'There was no approval by a commissioner to the bypassing
of conciliation on the complaint of. Linda Eaton.
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The conciliator told the attorney for the respondent that
the case would be presented to an investigating commissioner
for a recommendation. The attorney for Linda Eaton was also ad-
vised, on April 23, that the case would be presented to an
investiyating commissioner. (Post Hearing Exhibit 4)
35. Between April 23 and May 3, 1979, there was a hearing
in district court concernincg the same parties and the same subject
that is involve2d in the case before the Iowa Civil Rights Com-
mission.
36. On May 3, 1979, the concil.i.ator telephoned the attorney
for respondent. The conciliator asked if the respondent was
w.i.11:i.nq to conciliate in vi.r-w of it cloci.sion by a diskrict court
jurlrle. Thr. ;ittorncy fui rr• pondcnt indicated the respondunt was
not willing to conciliate. The attorney for respondent advised
the conciliator that a letter concerning conciliation would be
mailed. The conciliator advised the attorney for respondent that,
when the letter was received the case would be presented to an
investigating commissioner. (Post Hearing Exhibit 4).
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37. On May 9, 1979, the compliance director of the Iowa
Civil Rights Commission sent to a commissioner a statement that
conciliation had failed, recommended that the case proceed to
public hearing, and asked for the commissioner's agreement or
disagreement with the .recommendation. On May 22, the commissioner
signed a statement agreeing to the recommendation. (Post Hearing,
Exhibit 14).
38. At some time on or. before May 9, 1979, the staff of the
commission ceasod attempts to conciliate the case.
39. The conciliator was still attempting to conciliate as
of May 3, 1979, when she had telephone contact with the attorney
for respondent. The conciliator was awaiting a letter from the
attorney for respondent, and that letter would not have been re-
ceived until at least May 4, 1979, thirty days after the initial
conciliation meeting. It is inferred, from the evidence set out
in Findings of Fact 30-36 that the conciliator was not eager to
terminate the conciliation process arid that she would have been
receptive to any proposals for conciliation at least until the
time she received the letter from the attorney for. rosponcic-nt.
40. The director of the Iowa Civil Rights Commission did
not ordor that further r_ont:il iation bc• hyhar,scd on the complaint.
of the attorney general.. There was no approval by a commissioner
to the bypassing of further. conciliation.
41.. The commission staff did not attempt further concilia-
l.i.on following I.h;! fil.iug or tho complaint of [,i.nan Intun, or
after the amendment of the complaint of the attorney general and
h Linda Eaton to include charges of retaliation and harassment.
42. The director of the Iowa Civil Rights Commission did not
order that conciliation on the complaint of: Linda Eaton be by-
pasued. 'There was no approval by a commissioner to the bypassing
of conciliation on the complaint of. Linda Eaton.
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43. The fire department personnel, except for a chief., a
secretary, a training officer, and a fire marshall, are divided
into three shifts. Each shift has periods of duty of twenty-four
consecutive hours, interspersed with days off.
44. The working schedule during the twenty-four hour shift
is such that the firefighters usually have no assigned duties
from about 12:15 p.m. to 1:00 p.m, and from about 3:00 p.m. to
5:00 p.m. The period from about 5:00 p.m. to 5:45 p.m. is occu-
pied with the evening meal and cleaning up after the evening meal.
After about 5:45 p.m., there are usually no assigned duties for
the rest of the day. During the periods when there are no as-
signed duties the firefighters watch television, read newspapers,
read books, have visitors, and do other things not related to
their duties as firofighLers. There is some expectation that: the
firefighters use time when they are not assigned to duties to .im-
prove their knowledge of firefighting, but there is no require-
ment that they do so. During periods when there are no assigned j
duties firefighters are prepared to respond to fire calls and are
required to perform other duties that might occasionally arise. ;
45. The highest authority within the fire department is the '
chief. Since about 1973 the chief has been Robert Keating.
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46. Robert Keating, prior to and after January, 1979, made
sincere attempts to comply with laws prohibiting discrimination i
in employment.
47. The city manager of,Iowa City and the employees in the
personnel office of Iowa City have, in recent years, made sincere
attempts to eliminate unlawful employment discrimination within
city government. They have been partially successful.
48. Before Linda Eaton was employed as a firefighter in
August, 1977, the City of Iowa City had never had a female fire-
fighter.
49. Some members of the fire department believed that Linda
Eaton had been given preferential treatment in the civil service
examination for firefighter and in her being placed on leave of
absence when, because of her pregnancy, she was transferred from
the firi: department to another job within city government.
50. The president of the firefighters union filed a complaint
with the fire chief, the city manager, and the city cuuncil con-
cerning the pregnancy leave of absence granted to Linda Eaton.
(Petitioner's Exhibit 29).
51. The city council, on October. 2, 1978, held an informal
moeLing Lo discuss Lhe complaints of the firefighter.,; about the
alleged preferential. treatment of Linda Eaton. The involvement
of the city council in such a matter was very unusual.
52. Candy Morgan was the Fluman Relations Director for the
City of: Towa City between September., 1975 and October, 1978.
Between mid-November and mid-December, 1978, when she was no
longer employed by the City of Iowa City, Morgan learned that
Linda Eaton was considering breast feeding her baby, cluring wjrking
hours, then she returned to work as a firefighter. Morgan in-
formed Sophie Zukrowski, the Civil Rights Specialist for Iowa
City, that Linda Eaton was considering breast feeding at work and
asked Zukrowski not to tell anyone else.. Zukrowski did not toll
anyone c1sQ.
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43. The fire department personnel, except for a chief., a
secretary, a training officer, and a fire marshall, are divided
into three shifts. Each shift has periods of duty of twenty-four
consecutive hours, interspersed with days off.
44. The working schedule during the twenty-four hour shift
is such that the firefighters usually have no assigned duties
from about 12:15 p.m. to 1:00 p.m, and from about 3:00 p.m. to
5:00 p.m. The period from about 5:00 p.m. to 5:45 p.m. is occu-
pied with the evening meal and cleaning up after the evening meal.
After about 5:45 p.m., there are usually no assigned duties for
the rest of the day. During the periods when there are no as-
signed duties the firefighters watch television, read newspapers,
read books, have visitors, and do other things not related to
their duties as firofighLers. There is some expectation that: the
firefighters use time when they are not assigned to duties to .im-
prove their knowledge of firefighting, but there is no require-
ment that they do so. During periods when there are no assigned j
duties firefighters are prepared to respond to fire calls and are
required to perform other duties that might occasionally arise. ;
45. The highest authority within the fire department is the '
chief. Since about 1973 the chief has been Robert Keating.
i
46. Robert Keating, prior to and after January, 1979, made
sincere attempts to comply with laws prohibiting discrimination i
in employment.
47. The city manager of,Iowa City and the employees in the
personnel office of Iowa City have, in recent years, made sincere
attempts to eliminate unlawful employment discrimination within
city government. They have been partially successful.
48. Before Linda Eaton was employed as a firefighter in
August, 1977, the City of Iowa City had never had a female fire-
fighter.
49. Some members of the fire department believed that Linda
Eaton had been given preferential treatment in the civil service
examination for firefighter and in her being placed on leave of
absence when, because of her pregnancy, she was transferred from
the firi: department to another job within city government.
50. The president of the firefighters union filed a complaint
with the fire chief, the city manager, and the city cuuncil con-
cerning the pregnancy leave of absence granted to Linda Eaton.
(Petitioner's Exhibit 29).
51. The city council, on October. 2, 1978, held an informal
moeLing Lo discuss Lhe complaints of the firefighter.,; about the
alleged preferential. treatment of Linda Eaton. The involvement
of the city council in such a matter was very unusual.
52. Candy Morgan was the Fluman Relations Director for the
City of: Towa City between September., 1975 and October, 1978.
Between mid-November and mid-December, 1978, when she was no
longer employed by the City of Iowa City, Morgan learned that
Linda Eaton was considering breast feeding her baby, cluring wjrking
hours, then she returned to work as a firefighter. Morgan in-
formed Sophie Zukrowski, the Civil Rights Specialist for Iowa
City, that Linda Eaton was considering breast feeding at work and
asked Zukrowski not to tell anyone else.. Zukrowski did not toll
anyone c1sQ.
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53. Linda Hat -on bogan to breast feed the child born on
October 2, 1978, and continuod to breast: feed the child at least
through the time of the hearing in this case.
54. On December 4, 1978, Jane Higdon, the Personell Specialist
for the City of. Iowa City, had a conversation with Linda Eaton's
personal physician concerning Linda Eaton's return to work.
During that conversation, Higdon learned that Eaton was breast
feeding her baby. (Complainant's Exhibit 41, memorandum, Higdon
to Eaton file, December 5, 1978).
55. On or shortly before January 10, 1979, June Higdon had
a telephone conversation with Dr. RuEfcorn, a doctor employed by i
the City to examine Linda gjiton, about .Linda Eaton'sreturningto work. There was some discussion about Linda Eaton's breaut
feeding the baby, which Higdon, in a memorandum to her file on I
;.Linda Eaton, recorded as follows:
June: I wanted to know if Linda was
still nursing the baby.
Doctor: She was nursing the baby the
last time he saw her.
June: Can she continue nursing the ;
baby after she starts back to
work?
Doctor: It has been done. Some mothers
do but it is difficult.
June: Do you realize that if she comes I
to work she will be on a 24 hour
shift? t
Doctor.: That will make it even more diffi—
cult:. She had mentioned to Dr.
Ruffcorn that maybe somebody could
bring the baby to her, indicating
that she could nurse the baby after
she returns to work if someone could
bring the child to her.
June: What do we do when the fire bell
rings and baby is having lunch?
Doctor: Had no response to this. i
(Complainant's Exhibit 41, memorandum, Higdon to file, January 10,
1.979) .
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56. June Higdon told Robert Kcat-.inq, the fire chief, on
January 10, 1979, that Linda Eaton was breast focding her baby.
Although there is conflicting testimony as to whether Higdon talc]
KruiU nq that Raton mi.ght want to breast feed the baby while on
duty, it is clear that a reasonable person in Keating's position
would have realized that: Eaton might want to breast feed the baby
while on duty.
57. June Higdon talked with Sophie Zukrowski, on January 10,
1979, about Linda Eaton's breast feeding her baby while on duty.
On January 10 or January 11, Iligdon talked with Dale Flelling, the
Assistant City Manager and Acting Human Relations Director,and
Neal Berlin, the City Manager, about Linda Eaton's breast feeding
her baby while on duty,
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58. Robert Kca I:i nq hurl tel ophonc, conversations with Linda
Eaton on friday, January 12, and Monday, January 15, about Linda
Eaton's returning to work af.Lur her maternity leave. The evi-
dence is not conclusive about whether breast feeding the baby on
duty was discussed during the conversation on January 12.
59. Robert Keating talked with his wife, over the weekend
from January 12 to January .15, about such things as the time
required for breast fecd.inq and the frequency of breast feeding.
60. Robert Keating might have met with June Higdon, Sophie
Zukrowski, and Dale Helling between the telephone conversations
with Linda Eaton on January 12 and January 15.
61.. in the telephone conversation between Robert Kcatimg
and Linda Eaton on January 15, Eaton's breast feeding the baby
while on duty was discussed. Keating informed Eaton that she
could not breast feed the baby while on duty. Keating did not
give Eaton reasons for his decision.
62. Between January 10 and January 15 there were discussions
among Neal Berlin, Dale Melling, June Higdon, and Sophie Zukrow-
ski about Linda Eaton's breast feeding her baby while on duty.
These four people had, at most, very limited discussions with
Robert Keating before Keating informed Eaton that she could not
breast feed the baby while on duty.
63. On January 15 or January 16 Dale Helling dictated a
letter to Linda Eaton. The letter was typed and mailed on
January 16, and read as follows:
Dear Ms. Eaton:
Chief Keating has advised me that it has been
determined that you are no longer temporarily
disabled as a fire fighter and that you have
been scheduled to return to work on January
22, 1979. I am further advised that you have
elected to nurse your new infant son and that
you had roquested permission to have him
brought: to the Fire Department on your re-
qulnr duty clays for LhaL purposo. Chi.c:f
Keating has informed me that he has denied
this request and I am in complete agree-
ment with that decision. It appoors that
there are both functional and legal implica-
tions which would render the granting of
your request totally inadvisable.
T have discussed this mattor ,.i.tli the City
Manager. and Chief Keating has been advised
regarding our concurrence with his decision.
The purpose of this letter is to confirm
Chief Keating's verbal denial of permission
for you to nurse your infant son at the
Fire Department during your duty hours. As
a consequence, it will be necessary that you
make other suitable arrangemonts regarding
this matter prior to rr,turning to your duties
as a fire fighter.
Tf you have any further questions or feel that
I may be of: assistance, please do not hesitate
to contact me.
MICROFILMED BY
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Thank you.
Sincerely,
(Signed)
Dale E. Ile.11ing
Acting Human Relations Director
CC: Neal Berlin
Chief Keating
June Higdon
Sophie Zukrowski
Angela Ryan
�I
(Joint Exhibit 11).
i
64. Linda Eaton was scheduled to return to work on January
22. Between January 16 and January 22 there were two telephone
calls between Iowa City's personnel office and Linda Eaton. The
representatives of the City, probably either Dale Helling or
June Higdon, declined to discuss the reasons for the city's action,
over the telephone. Eaton declined an opportunity for a meeting
with representatives of the city to discuss the problems between
them. (Tr..p. 202; Complainant's Exhibits 41, 42).
65. On January 19, Sophie Zukrowski had a telephone conver-
sation with A.J. Thurman of. the United States Equal Employment
Opportunity Commission. Thurman emphasized to Zukrowski that "a
neutral personnel policy equitably applied was the key factor".
Zukrowski conveyed this information, or advice, to the "admini-
stration". (Complainant's Exhibit 43; memorandum, Zukrowski to
file, January 22, 1979).
66. On January 22, the day Linda Eaton was scheduled to re-
turn to work, she met with Robert Keating and Sophie Zukrowski.
Dale Helling was expected at the meeting. Keating did not want
to discuss with Eaton the reasons for denying her request to
nurse the baby while on duty. Eaton was told that Helling would
discuss the rea:;ons with tier.
When Hrll.i.ng ar.r.ivnd at the meet:i.ncl he gave to Eaton L
followim reasons for not allowing the baby to be fed during duty
hours (as recorded in a memorandum from Zukrowski):
1. that there was a legal liability for
having the baby on the premises; 2. her
on duty preparedness would be affected;
3. it is the personnel. policy not to
allow family visits. Dale indicated that
intermittent and unscheduled family visits
are allowed but that regular scheduled
visits are not. I indicated to Linda
that this situation arose once in the past
and the firefighter was told he could not
have scheduled regular visits.
(Complainant's Exhibit 43, memorandum, Zukrowski to file, January
22, 1979).
67. Linda Eaton's baby was brought to the fire_ :station aboul.
11:30 a.m. on January 22. Eaton and Lho baby went to thr• woman':;
locker, room in the basement of tho fire sL:.H-Aon. Robort K •nCi.nq
called Sophie Zukrowski. Zukrowski went: to tho women's locker
room to determine whether or. not Eaton was breast feeding the baby.
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Zukrowski's testimony that she: went to the women's locker
room to see if the baby was still in the faire station (Tr.pp.
385-386) is not credible. Zukrowski's memorandum of January 22
shows that her purpose was to seo if the baby was nursing (Com-
plainant's Exhibit 43).
68. Linda Eaton was susponded from the balance of her shift
on January 22. Robert Keating gave her the following written
reprimand:
To: Ms. Linda Eaton
Jan. 22 - 79
12:30 P.M. j
I
This .is a written reprimand bringing to
your attention that it has been reported
to me and confirmed you have deliberately
disregarded the City's administrative
decision on nursing while on duty.
Because of a total disregard concerning
this decision you are being dismissed
immediately for the remainder of this
shift, with out pay.
You are again instructed to report for
duty Wednesday, January 24, 1979 -at 7 A.M.-
Shift #1 Battallion Chief Arthur Kloos.
We do expect you to comply with our de-
cision of no nursing while on duty.
Further violation of this decision will
lead to more serious displinary action.
(Signed)
R. Keating, Fire Chief
(Joint Exhibit 11).
69. On January 24 L.i.nclu Eaton's child was again brought to
the fire station. Eaton was again suspended for the balance of
the shift. She was given the following written reprimand by
Robart Keating:
TO: Linda Eaton
I
FROM: Robert P. Keating, Fire Chief I
RE: Suspension
This is a written notice of your suspension
effective immediately. j
i
You again had your baby brought to the fire
Station for nursing. I was informed you had
reportedly admitted this.
You have deliberately and totally dicregardcd
the administrative decision on this matter.
I fi
You are suspended without pay for the remainder
of this work shift.
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Zukrowski's testimony that she: went to the women's locker
room to see if the baby was still in the faire station (Tr.pp.
385-386) is not credible. Zukrowski's memorandum of January 22
shows that her purpose was to seo if the baby was nursing (Com-
plainant's Exhibit 43).
68. Linda Eaton was susponded from the balance of her shift
on January 22. Robert Keating gave her the following written
reprimand:
To: Ms. Linda Eaton
Jan. 22 - 79
12:30 P.M. j
I
This .is a written reprimand bringing to
your attention that it has been reported
to me and confirmed you have deliberately
disregarded the City's administrative
decision on nursing while on duty.
Because of a total disregard concerning
this decision you are being dismissed
immediately for the remainder of this
shift, with out pay.
You are again instructed to report for
duty Wednesday, January 24, 1979 -at 7 A.M.-
Shift #1 Battallion Chief Arthur Kloos.
We do expect you to comply with our de-
cision of no nursing while on duty.
Further violation of this decision will
lead to more serious displinary action.
(Signed)
R. Keating, Fire Chief
(Joint Exhibit 11).
69. On January 24 L.i.nclu Eaton's child was again brought to
the fire station. Eaton was again suspended for the balance of
the shift. She was given the following written reprimand by
Robart Keating:
TO: Linda Eaton
I
FROM: Robert P. Keating, Fire Chief I
RE: Suspension
This is a written notice of your suspension
effective immediately. j
i
You again had your baby brought to the fire
Station for nursing. I was informed you had
reportedly admitted this.
You have deliberately and totally dicregardcd
the administrative decision on this matter.
I fi
You are suspended without pay for the remainder
of this work shift.
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You are instructed to again report for duty
Friday at 7 a.m., January 26, 1979.
You will, be expected to comply with the
administrative decision - there will be
no regularly scheduled visits during
duty hours.
Further violation of this decision will
result in discharge.
(Joint Exhibit .11).
70. The City of Iowa City issued a press release on
January 22, 1.979. Most of the wort. on the press release was done
by Dale Helli.ng. It read as follows:
January 22, 1979
Re: Firefighter Linda Eaton
Firefighter Linda Eaton reported for duty
at the Iowa City Fire Department at 7:00
A.M. today. Shortly thereafter she met
with Fire Chief Robert Keating, Civil.
Rights Specialist Sophie Zukrowski, and
Assistant City Manager Dale Helling. A
portion of that meeting was devoted to a
reorientation discussion with Chief. Keating
as Ms. Eaton has not been on duty as a
firefighter since May, 1978. During that
meeting City officials restated the City's
position regarding its decision not to
allow Ms. Eaton to nurse her infant son
at the Fire Department.
Several basic factors have contributed
significantly to the decision by City
officials to deny Ms. Eaton's request.
The first addresses the City's concern
for establishing now policy which would
then be applicnhlr_ on a City-wide basis
for dil r_mpl.oyeus. 'Phe City fuels that
should it make extraordinary accommoda-
tions for Ms. Eaton in this matter that
it would be bound to make similar accom-
modations for other employees in the
future. This issue is directly tied to
the present City policy of prohibiting
or severely limiting the amount of paid
work time which employees are allowed to
use for personal. reasons.
Secondly, there is a question as to how
such an arrangement may influence Ms.
Eaton's on --duty performance. Certain
unavoidable circumstances create the
necessity for minimal delay for all. fir.e-
fighEcrs .in responding to omergoncy n.larms.
This accommodation would provide an add.i.-
ti.ona.l reason for delay for Ms. Eaton and
the City feels that such delaying factor.::
MICROFILMED RY
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You are instructed to again report for duty
Friday at 7 a.m., January 26, 1979.
You will, be expected to comply with the
administrative decision - there will be
no regularly scheduled visits during
duty hours.
Further violation of this decision will
result in discharge.
(Joint Exhibit .11).
70. The City of Iowa City issued a press release on
January 22, 1.979. Most of the wort. on the press release was done
by Dale Helli.ng. It read as follows:
January 22, 1979
Re: Firefighter Linda Eaton
Firefighter Linda Eaton reported for duty
at the Iowa City Fire Department at 7:00
A.M. today. Shortly thereafter she met
with Fire Chief Robert Keating, Civil.
Rights Specialist Sophie Zukrowski, and
Assistant City Manager Dale Helling. A
portion of that meeting was devoted to a
reorientation discussion with Chief. Keating
as Ms. Eaton has not been on duty as a
firefighter since May, 1978. During that
meeting City officials restated the City's
position regarding its decision not to
allow Ms. Eaton to nurse her infant son
at the Fire Department.
Several basic factors have contributed
significantly to the decision by City
officials to deny Ms. Eaton's request.
The first addresses the City's concern
for establishing now policy which would
then be applicnhlr_ on a City-wide basis
for dil r_mpl.oyeus. 'Phe City fuels that
should it make extraordinary accommoda-
tions for Ms. Eaton in this matter that
it would be bound to make similar accom-
modations for other employees in the
future. This issue is directly tied to
the present City policy of prohibiting
or severely limiting the amount of paid
work time which employees are allowed to
use for personal. reasons.
Secondly, there is a question as to how
such an arrangement may influence Ms.
Eaton's on --duty performance. Certain
unavoidable circumstances create the
necessity for minimal delay for all. fir.e-
fighEcrs .in responding to omergoncy n.larms.
This accommodation would provide an add.i.-
ti.ona.l reason for delay for Ms. Eaton and
the City feels that such delaying factor.::
MICROFILMED RY
DORM MICR¢LA9
CEDAR RAPIDS • DES MOINES
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must be kept at a minimum. In addition
to this, firefighters are also assigned
routine duties during their 24 hour
shift and even in the case where emer-
gency responsibilities are not present,
the unassigned time which Ms. Eaton has
indicated she wished to use for nursing
her infant cannot always be relied upon
by an employee.
The City also feels that there are legal
concerns which must be addressed. Fire-
fighters are normally allowed only brief,
infr,�quent and unscheduled visits by
Ir11'1.i.1y "?uHibul's at thoir duty stations.
To grant permission to any firefighter to
schedule .regular visits with family members
while on duty would be in violation of
this policy. • In the event that the City
were to change that policy and allow more
frequent and regular visits from family
members, the presence of large numbers of
guests in the Fire Department would
severely disrupt the function of that
Department and would also pose questions
of significant liability on the part of
the City should such "guests" be injured,
particularly if present during an emer-
gency situation.
It is also the City's position that Ms.
Eaton can make other arrangements regarding
the collection and preservation of mother's
milk for her infant son. Such arrangements
on her part would make it possible for her
to continue nursing her infant at times
when she is not on duty as a firefighter.
From: Administrative Offices
(Joint Exhibit 11).
71. After January 24, Linda Eaton's baby was brought to the
fire station twice during each day she worked. Because of an
injunction granted by a district court no further disciplinary
action was taken.
72. Written rules governing the conduct of firefighters were
promulgated in 1936. By January, 1.979, the 1936 rules had been i
long abandonnd, and they were no longer L -h^. rules govorni.ng the
conduct of the firefighters.
73. In January, 1979, the rules governing the conduct and
activities of firefighters consisted of memoranda maintained in
a loose leaf notebook in the fire U4 rt office and ideas in
Ih: minrl:; of the Nr.efi.ghters and the fire chief as to what was
expuclod of the f.i.ref.ight-er.s. At .least some of those ideas wore
j vague and .i l 1 defined.
74. In January, 1980, there was no written memorandum con-
cerning visits to on -duty firefighters. There was a vague idea
as to what was expected of the firefighters concerning such visits.
75. Prior to January, 1979, firefighters had, in a vary few
i instances, been warned that someone was visiting them too fro-
quently.
CEDAR RAPIDS • DES MOINES I
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76. Prior to January, 1979, one firefighter, Steve Dolan,
had visitors about one shift out of three. Another firefighter,
Jesse King, had visitors almost every shift he worked during the
first month or so that he was a firefighter.
77. Captain Lee of thr. police department visited in the
fire department very frequently.
78. John Suchomel, employed by the city to pick up cans,
visited the fire department almost every day.
79. At least two "fire buffs", people who are interested in
the operations of the fire department and who do such things as
help roll up hoses after a fire, frequently visited the fire
station.
80. People from the general public are welcomed as visitorsi.;
I at the fire department.
�i
i 81. Groups of school children or other groups of children
sometimes tour the fire station.
i+
82. In January, 1979, a visit- to an on duty firefighter by
the same person, twice a day, during times when duties were not 1
assigned, for fifteen to thirty minutes each visit, as in the `
case of the visits of Linda Eaton's baby, were in violation of
an unwritten rule of the fire department.
Discussion. The unwritten rule on visitation was poorly
:'defined, and any suggestion that the rule applied to a particular
:set of circumstances should be closely examined.
1' I
i' Robert Keating testified that he was concerned that he would
.:have to let other firefighters have visitors as frequently as i
twice a day if he allowed Linda Eaton to have a visitor twice
each day. He could reasonably fear that such a visitation policy
might interfere with the operation of the fire department.
Wayne Fjelstad, a captain in the fire department, gave credi-i
ble testimony that if Linda Eaton had had her baby visit twice
.a day, day after day, for any reason, she would have been asked
not to do it. (T r. p. 1.102).
Visits by Captain Lee, John Suchomel, the fire buffs, and i
the groups of children are different from visits to individual
firefighters. Individual firefighters have no control over those
Ilvisits. The visits do not raise questions of equitable treatment
i`of one firefighter as compared to another firefighter.
Thi weight of the evidence leads to tha find incl that the
visitation rule, if it had heen applied, would have barred the
twice .a day visits of Linda Eaton's baby.
83. The unwritten rule on visitation, if it was a reason forl
Iowa City's denial of Linda Eaton's request to breast feed her
haby while on duty, was not: the only reason. An opposition to
the physical act of breast feeding on the job was at least: one
reason for thr, city's decision.
Discussion. Robert Kcat•inq, Daly_ Hal 1i.ng, and 14(!a1.lu:rIin
gave credible testimony that the r.cat;on for rleny.i.nq Linda I;nCrni';:
request to breast feed her baby while on dul:y was the: Cirri dr.:part:-
ment's rule or policy on visitation. That testimony, combined
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CEDAR RAPIDS • DES MOINES
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with the sincere attempts of Robert Keating, Neal Berlin, and
Other employees of the respondent to comply with laws against
discrimination in employment, pulls strongly toward the conclu-
sion that Linda Eaton's request was denied because of the visita-
tion rule.
A preponderance of the evidence, however, leads to the con-
clusion that the visitation rule was not the reason for the City's
action.
Sophie Zukrowski's testimony shows that the act of breast
feeding was a major concern to her. Zukrowski, probably did not
have a major role in making the decision on Eaton's request, but
she did havn some role.
f I
testimony i[ndjcatcl;thahtclshelNquestionedmaking
whetherthe
breastdecision.
feeding�1 i
could be done on the job, without regard to any polic
on visitation. y or rule
Robert Keating had the primary responsibility for making the!
decision on Eaton's request. If he had consistently cited the
visitation rule as his reason, that consistency, combined with
his testimony at the hearing, would be very persuasive. At the
time he made his decision, and for some time thereafter, he de-
clined to give reasons for his refusal of Eaton's request. tie
gave her no reasons during the telephonconversation on January
15. tie gave her no reasons at the meeting on January 22. It was'
not until he issued the written reprimand on January 24 that he
articulated the visitation rule as a reason. His failure to
articulate the visitation rule at an earlier date leads to the
inference that the rule was not the reason, at .least not the only
reason, for his decision.
Dal.e Ilel.lin
g, in his letter to Eaton on January 16, cited
"both functional and legal implications which would render the
granting of your request totally inadvisable". Helling's state- '
ment seems to be unnecessary obfuscation. Helling's failure to
cite the visitation rule as a reason, on January 16, has not been
explained.
At the meeting on January 22, Ilelli.ng did tell Raton Lhat
the visitation rule was a reason for the city's decision. The
Persuasiveness of that evidence is lessened somewhat by two other
reasons given for the city's action: that there was a legal
liability for having the baby un the premises and that Eaton'.s i
on duty preparedness would be affected. There was no showing
at hearing that the "legal liability" for having the baby on the
promises would be any greater than for having any other visitor
on the premises. Thore is no rv.idence Lo nhnw that tho respondent
had reasonable grounds to believe that Laton's on duty prepared-
ness to fight fires would be affected. The city had abandoned
two of the given reasons by the time of hearing. This leads to
the inference that they were not really considered to be reasons
for the respondent's actions when they were put forth on January
22, rind h.h;.lt Pha: third reason, the visitation rule, might also
have not been a real reason for the respondent's action.
Zukrnwsk.i.'s conversation with A.J. Thnrrnan of. thr. United
States Ec;ual. Employment Opportunity Commission on January 19
might have led to the articulation of the previously vague visita-
tion rule as a neutral personnel policy, after the respondent
had already denied Eaton's request.
JORM MICR#LA13
CEDAR RAPIDS • DES MOINES
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Zukrowski, on January 22, checked to see if Eaton was
actually nursing the baby. Some testimony indicates that the
respondent needed to know if Eaton was nursing on January 22
so that: .it could be dcterminud whether or not the visit was
the first of rogular.ly scheduled visits for the purpose of
nursing. The rationale proposed by respondent seems to be that
if there had been no nursing the visit would not have been a
regularly scheduled visit and would not have violated the rule.
That rationale is very hard to accept. It seems probable that
Zukrowski wanted to know if Eaton was breast feeding the child
because breast feeding, in and of itself, was the forbidden
activity.
84. There was no evidence that the visitation rule or policy
oL Lt,n fi..re dep•arCrneut. would, as applied over. a period of ti,e
to both male and femnlo employees, cause any more hardship to
female employees than to male employees.
85. on January 31, 1979, the fire department began keeping
a log of visitors to the fire department. The primary impetus
for beginning to keep the log was Linda Eaton's having asserted I
that she should be allowed to have her child brought to the fire
station for breast feeding.
86. The visitors log focused on Linda Eaton. Visits to her
were regularly recorded. Visits to other firefighters were some-
time not recorded.
87. At least one purpose of the visitors log was to docu-
ment visits to help the respondent defend against Linda Eaton's
charges of sex discrimination.
88. Visits to Linda Eaton were first recorded in a special
book, kept only for that purpose. Visits to other firefighters
on her shift were first recorded on slips of paper. Visits were
later recorded in the visitors log.
89. Evaluations of Linda Eaton's work performance were made
by Captain Fjelstad and Training Officer Hansen on February 22,
1979, and by Battalion Chief Kl.00s on Pebr.uary 20, 1979. The
evaluations grade Linda Eaton's performance as somewhat poorer
than rlid ovalnati.ons mnde hn.For.c her. lave OF. absnnce. The record
does not show whuthur or riot Linda Eatuu knuw of those evaluations
at the time they were made. Copies of the evaluations are found
in Sophie Zukrowski's file on Linda Eaton. (Complainant's'Ex-
hibit 43). They are not found in Linda Eaton's personnel file.
(Joint Exhibit 11).
90. On April. 24, 1979, Linda Eaton's job performance was
evaluated by Battalion Ch.i.ef. Kloos. On April. 26 her job per-
formance was evaluated by Captain Fjelstad and by Training Officer
Hansen. These evaulations grade Linda Eaton's performance as
somewhat poorer than did evaluations made before her leave of. ab-
sence. These evaluations are found in her personnel file.
91. Captain Fjelstad believed, whun he made the evaluation::
o! Linda Eaton on April. 26, .1.979, that Eaton worked taco fast,that
the quality of her work was below averarla, that she was not.
strong encnigh for hoavy work, and that she scorned uru;,,vinblc
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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92. On February 20, 1979, Linda Laton backed a fire truck
into the fire station and the fire truck struck the door, causing
some damage. This accident was taken into account in her job
evaluations.
93. As a resul.t of Linda Eaton's bring suspended from her
shift on January 22 and January 2.4, 1979, she lost wages total-
in9 $1.45.12.
94. As a result of the respondent•'s refusal to allow her
i; to breast feed her baby while on duty Linda Eaton has suffered
some emotional distress. She has felt "pressure" while on duty.
C
She has lost some weight.
95. '.Phe aLtorneys for. Linda Eaton, Clara Oleson and Jane
Eikelberry, on December 22, 1979, filed an affidavit itemizing
the time spent representing Linda Eaton and the costs incurred
in representing Linda Eaton. This affidavit is accepted as an i
accurate representation of the time and costs expended by the
attorneys. The affidavit has been marked "Post Hearing Exhibit
1" and placed with the other Exhibits in this case.
On December 10, 1979, Jane Eikelberry and Clara Oleson
each filed an affidavit setting forth their experience and
qualifications and the manner of their representation of Linda
Eaton. These have been marked as "Post Hearing Exhibit 2" and
"Post Hearing Exhibit 3" and placed with the other Exhibits
in this case.
fi
96. Forty dollars per hour is a reasonable hourly rate for
the work performed by the attorneys for Linda Eaton. (Com-
plainant's Exhibit 50).
1
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CONCLUSIONS OF LAW:
1. Discrimination in the terms and conditions of employment
on the basis of sex by any
person is prohibited by §601A.6(1),
The Code, .1979. The City of Iowa
City is a political subdivision
Of-the State of Iowa, and is therefore "person",
a as defined in
§601A.2(2), The Code, 1979.
The City of Iowa City Fire Department is not a "person", as
defined .in S60.1A.2(2).
i
It is concluded that the City of Iowa City Fire Department,
not being a person
within the meaning of the Iowa Civil Rights
Act, is not a proper .respondent, and
i
any orders should be direct-
ed toward the City of Town City and not the City of Iowa
Fire Department. City
s.;
2. The participation of Linda Eaton's attorneysin the
hearing was
proper under §601A.15(7) and §17A.12(4), The Code
1979.
'
3. The respondent has argued that the Iowa Civil Rights
Commission staff did
not conduct conciliation in the manner re-
quired by §601A.15(3)(d), The Code 1979.
The respondent speci-
fically argues that the commission staff presented offers in
1
a
take-it-or-leave-it fashion and did not attempt to persuade the
parties to
reach an agreement.'
§601A. 15 (3) (d) does not specify how conciliation is to be
conducted. The Iowa Ci.v1.1 Rights Commission,
in reviewing a
staff decision that conciliation had failed,
al
stated that the
staff decision should be upheld if the staff did
not act arbi-
trarily, capriciously, or unconstitutionally. Brown !
v. Fm
arer's
Cooperative, II ICRC Reports 1, 4, CP91724 (January 19, 1978).
That
standard should also be applied in determining whether con-
ciliation was conducted in
a proper manner. The conciliator
clearly did not act in an arbitrary, capricious, or
tional manner. unconstitu-
;i
4. The evidence rc.+i.seS cdnrsl•..ionS as to whether or not the
commission staff comp.l.i.ed with those
provisions of: §601A.15(3)(d) ,
conccrni.nq the time during which conciliation
must be conductud
(a cd.if•ferenL question from the manner in which uonciliation
i
was
conducted) and the procedure for terminating conciliation. The
statute
reads as follows:
ii
The commission staff must endeavor to 1
d
eliminate the discriminatory or unfair 1
practice by conference, conciliation,
and persuasion for a period of thirty
x
days following the initial conciliation
meeting between the respondent and the
commission staff after a finding of
probable cause. After the expiration
1
of: thirty days, the director may order
'
thy- conci.lintion conforonce� and por.sua-
Sion procudurc: prov.irlod in Lhi:; section
L.0 bc: by-1,n;;nnd when Lhe di rec(.or doter-
mi-T'05 the, prur:rrlure is unwurknblr! I,y
reason of. pa SL prrLtcr.n;; and practaccc; of
the respondent, or a utaLement by the
respondent that the respondent is unwil-
ling to
continue with the conciliation. `
The director must have the approval of
a commissioner before bypassing the con-
ciliation, conference and persuasion
f
prorecdure. Upon the bypassing of con- I
ciliation, the di.rector shall :;tato in
writing the reasons; for. bypassing.
Y
CEDAR RAPIDS - DES MOINES
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5. The conciliator was open to proposals for conciliation
at least until May 4, 1979, thirty days after the initial con-
ciliation meeting. The requirement of thirty days conciliation
was satisfied.
It would be unreasonable to require the commission staff to
actively pursue conciliation for each and every day for thirty
days after the conciliation meeting, especially in a case where
it appears that conci.liaLion will not be successful. It was
sufficient that the conciliator took some affirmative steps in
trying to resolve the matter, and did not close the conciliation
process within thirty days after the initial conciliation meeting.
G. The attorney for respondent r;^:.nL a letter to thn henr.inq
Officer, daLul ,Jinn ry 1.4, 1980, stating that the at.torncy for
respondent had, at approximately 4:00 p.m. on April 4, 1979, talk-
ed with the executive director of the Iowa Civil Rights Conunission,
who stated that he was disappointed with a report of the concilia-
tion meeting and that he would wait three days until declaring
that conciliation had failed.
i
The hearing officer has not considered the letter as evidence
Evidence on the questions raised in the letter was not sought be- '
cause the facts alleged in the letter,if proven, would not have
changed the result.
The question to be answered is not what was the intention of
the director on April 4, but, instead, hew longconcil.iation actually.
lasted.
It appears that the Commission staff was not aware of the.
requirement of a thirty day conciliation period. This lack of
awareness might easily have resulted in a violation of the re-
quirement of a thirty day conciliation period. Apparently by
happenstance, there was no violation.
7. The procedures set out in S601A.15(3)(d) for bypassing
conciliation were not followed in this case.
There is some uncertainty as to whether the procedures must
be followed in every case. That uncertainty arises from 5601A'.15
(5), which reads in part as Follows:
When the director is satisfied that further
endeavor to settle a complaint by conference,
conciliation, and persuasion is unworkable
and should be bypassed, and the thirty -day
period provided for in subsection 3 has
expired without agreement, the director
with the approval o' a commis.^,i.uncr, shn.l.l.
issue and cause to bn servocl a written
notice specifying the charge:; in Lhe com-
plaint as they may have been amended and
the reasons for bypassing conciliation, if
tho cenc..i.l i,ation i_s hylrassed, and requiring
Ole respondent to answer the charges of the
complaint at a hearing. . .(emphasis added).
This section contcraplatos going to hearing, in some cases,
without bypassing conciliation. The only conceivable tirr.c that
would occur would be when conciliation was completed before the
"bypassing" provisions became effective on January 1, 1979. 1978
Session of the Sir.ty-Seventh General Assembly, Chapter 1.179,
95 14, 23.
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CEDAR RAPIDS DES MOINES
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5. The conciliator was open to proposals for conciliation
at least until May 4, 1979, thirty days after the initial con-
ciliation meeting. The requirement of thirty days conciliation
was satisfied.
It would be unreasonable to require the commission staff to
actively pursue conciliation for each and every day for thirty
days after the conciliation meeting, especially in a case where
it appears that conci.liaLion will not be successful. It was
sufficient that the conciliator took some affirmative steps in
trying to resolve the matter, and did not close the conciliation
process within thirty days after the initial conciliation meeting.
G. The attorney for respondent r;^:.nL a letter to thn henr.inq
Officer, daLul ,Jinn ry 1.4, 1980, stating that the at.torncy for
respondent had, at approximately 4:00 p.m. on April 4, 1979, talk-
ed with the executive director of the Iowa Civil Rights Conunission,
who stated that he was disappointed with a report of the concilia-
tion meeting and that he would wait three days until declaring
that conciliation had failed.
i
The hearing officer has not considered the letter as evidence
Evidence on the questions raised in the letter was not sought be- '
cause the facts alleged in the letter,if proven, would not have
changed the result.
The question to be answered is not what was the intention of
the director on April 4, but, instead, hew longconcil.iation actually.
lasted.
It appears that the Commission staff was not aware of the.
requirement of a thirty day conciliation period. This lack of
awareness might easily have resulted in a violation of the re-
quirement of a thirty day conciliation period. Apparently by
happenstance, there was no violation.
7. The procedures set out in S601A.15(3)(d) for bypassing
conciliation were not followed in this case.
There is some uncertainty as to whether the procedures must
be followed in every case. That uncertainty arises from 5601A'.15
(5), which reads in part as Follows:
When the director is satisfied that further
endeavor to settle a complaint by conference,
conciliation, and persuasion is unworkable
and should be bypassed, and the thirty -day
period provided for in subsection 3 has
expired without agreement, the director
with the approval o' a commis.^,i.uncr, shn.l.l.
issue and cause to bn servocl a written
notice specifying the charge:; in Lhe com-
plaint as they may have been amended and
the reasons for bypassing conciliation, if
tho cenc..i.l i,ation i_s hylrassed, and requiring
Ole respondent to answer the charges of the
complaint at a hearing. . .(emphasis added).
This section contcraplatos going to hearing, in some cases,
without bypassing conciliation. The only conceivable tirr.c that
would occur would be when conciliation was completed before the
"bypassing" provisions became effective on January 1, 1979. 1978
Session of the Sir.ty-Seventh General Assembly, Chapter 1.179,
95 14, 23.
i
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CEDAR RAPIDS DES MOINES
For any complaint filed on or. after January 1, 1979, the by-
passing procedures would be required. The statute required that..
the bypassing procedures be followed in this case.
8. The failure of the Commission staff to follow the statu-
tory procedures for bypassing conciliation does not necessarily
mean that the commission cannot consider the complaint, and, if
a diucriminatory or unfair practice is found, order remedial
action.
The authority of the commission to take further action de-
pends on whether the statutory provisions for bypassing concilia-
tion are mandatory or directory.
Si
Th(- di.sLincLion beta;,. -an mandatory and cl.iroctory statutus ha:
been set forth by the Iowa Supreme Court as follows:
Mandatory and directory statutes each im-
pose duties. The difference between them
lies in the consequence for failure to per-
form the duty. Whether the statute is man-
datory or directory depends upon legisla-
tive intent. When statutes do not resolve
the issue expressly, statutory construc-
tion is necessary. If the prescribed duty
is essential to the main objective of the
statute, the statute ordinarily is man-
datory and a violation will invalidate
subsequent proceedings under it. If the
duty is not essential to accomplish the
principal purpose of the statute but is
designed to assure order and promptness
in the proceeding, the statute ordinarily
is directory and a violation will not in-
validate subsequent proceedings unless
prejudice is shown.
Taylor v. Department of Transportation, 260 N.W.2d 521, 522 (Iowa
1977). See also State V. Lohr, 266 N.W.2d 1, 5 (Iowa 1978);
State v. Lint, 7.70 N.W. 598 (Iowa 1978); City of Des Aloines v.
Public Employment Relations Board, 275 N.W.2d 753, 760 (Iowa 1979);
Prankl.a.n v. Towa_Department of Job Service, 277 N.W.2d 877, 879
(iowi 1979); Maquoketa Valley Community School District v. Ma uo-
keta Valley Education Association, 279 N.W.2d 510, 513 (Iowa 197.9)
Resolution of complaints through conciliation is a main ob-
jective of the Iowa Civil Rights Act. The procedures forbypassing
i.conciliation, however, are not essential to the conciliation pro-
cedure. It is concluded that the procedures set, forth for bypass-
inq conciliation ;I'"2 di.r-rL•ory and not mind,rtory. Su:)cequcn
proceedings on the complaint of the attorney ganeral are not
barred unless the respondent was prejudiced by the failure to
follow the procedures for bypassing conciliation.
No prejudice has been shown. The commission staff did en-
deavor to conci.li.ata the complaint. Conciliation was unproductive
and there was no indication that: further conciliation would have
been successful.. Grounds existed for bypassing conciliation. It:
is probable that respondent would have been .in no difforent posi-
tion if the statutory procedures had been followed than it was
when the procedures were not followed.
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CEDAR RAPIDS • DES MOINES
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It is concluded that the commission can consider the com-
plaint of the attorney general.
The failure of the commission staff to follow the statutory
by-pass procedures "is unfortunate and not to be condoned".
Taylor v. Department of 'Transportation, 260 N.W.2d 521, 523
(Iowa 1977). If the failure had been brought to the hearing
officer's attention prior to the hearing, the hearing would have
been continued until the statutory procedures had been followed.
Since the failure to follow the statutory procedures did not
become known to the hearing officer until after the hearing, the
failure could not be easily remedied.
9. Thr.rr: wan no conciliation aftor the complaint of Linda
I;: .•,n ;rir: f i I!•!1, on Juno 24, 1979. Ifavinrl Cha commi.:;si.un ::Lnf.f
aLU.jitpt to nl.Lm.i.naLu an unld.ir or d.Lscrimindtory practice by con-
feronce, conciliation, and persuasion is a main objective of.
the Iowa Civil Rights Act. The requirement of conciliation is
mandatory.
The Iowa Supreme Court in Franklin v. Iowa Department of
Job Service, 277 N.W.2d 877, at 880, discussed the result that
follows if a mandatory statutory provision is not followed:
We must determine if the appeal deadlines
are mandatory or directory in order to
evaluate the validity of the subsequent
agency action. This dichotomy is drawn
from 1 Statutes and Statutory Construction,
S 4.18, at 11 (4th ed. Sands 1972), which
provides:
If the directions of a statute arc
mandator.,, then strict compliance
with the statutory terms is essen-
tial to the validity of an admini-
strative action. But if the langu-
age of the statute is directory
only, then deviation from its
directives does not invalidate the
administrative action.
There are some indications that mandatory statutory require-
ments might be waived by the parties. See City of Des Moines v.
Public Employment Relations Board, 275 N.W.2d 753, 762-763 (Iowa
1979); Maquoketa Valley Community School District v. Maquoketa
Valley Education Association, 279 N.W.2d 510, 512 (Iowa 1979).
The facts in this case, where the respondent requested that Linda
Eaton participate in the conciliation discussions on the complaint
of the attorney gonoral, whom the respondent dirt not obj�.r;t to
the joinder of the compLai.nts of the attorney general and Linda
Eaton, arid where tho respondent did not raisu L•ha issue of failure
to meet the conciliation requirements until the fifth clay of
hearing, would lead to the conclusion that respondent waived ob-
jections based on the absence of conciliation of the complaint of
hinda H.-It.nn, if such objections could be waiverl. The City of. Des
Moines: and Maquoketa Valley Community School District cases do
not sufficiently spell out the instances in which mandatory re-
quirements can be waived so that the conr_apt can he applied to
this case. In light of the strong language in Taylor v. Depart-
ment of Transportation, 260 N.W.2d 521., at 523, and Franklin v.
Iowa Department of Job Service, 277 N.W.2d 877 rlt 880, it .is con-
cluded that any ucLiun on 5—ocomplaint of Linda Eaton would be
invalid.
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10. On July 16, 1979, the complaints of the attorney general
and Linda Eaton were amended to add allegations of retaliation
and harassment.
In the case of Walters v. Saint Ambrose College, CP #2244,
Vol..CII ICRC Case Reports 64 (ICRC July 9, 1979), the original
complaint alleged sex discrimination. After conciliation ended,
the complaint was amended to allege age discrimination as well as
sex discrimination. The alleged sex discrimination and the
alleged age discrimination were based on the same set of facts.
Age had been considered by the investigating official when the
1 probable cause finding had been made. A rule of the commission
r, stated as follows:
A cucnp'Laint or any part thereof may be
amended by the complainant or by the
commission anytime prior to the hearing
thereon and, thereafter, at the discre-
tion of the commissioners.
C
The commission held that the absence of a second investigation,
a second finding of probable cause, and a second conciliation
proceeding after the amendment of the complaint did not bar the
commission from considering the allegations of age discrimination.
The case under consideration is analogous to the Walters
case in some respects, but it differs in that the facts underlying
the allegations of retaliation and harassment are not the same
as the facts set out in the original complaint. The allegations
of retaliation and harassment have not been the subject of. con-
ciliation. Also, the rule of the commission when the complaint
was amended in this case stated as follows:
Amendment of complaint. A complaint or
FL any part thereof may be amended by the
4 complainant or by the commission any time
prior to the hearing thereon and, there-
after, at the discretion of the hearing
off.iccr or. commission. The complaint may
be amended to include such additional '
material all.egations as thre investigation
may havediscloscd. (amphasiis added) ---
a
240-1..3(1)IAC.
Allegations of retaliation and harassment do not appear to have
arisen during the investigation of the original complaint.
N
It .is concluded that the conditions for amendment set out in
th.! ruir wort: not present and Lhe Walters case is inapplicable.
The allegations contained in the amendment should not be con-
sidered.
Also, the reasons set out in Conclusions of Law 8 and 9 for
not conn.irder..inq thr: complaint of. Linda Paton apply with equal.
f.urce to Lho amc:ndul complaint.
11. The appl:i.cablu statute. in determining whct.her or. not
Lhere was an unfair or discriminatory practice is §601A.6(1),
JORM MICR?LAB
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The Code 1979, which reads in part as follows:
It shall be an unfair or discriminatory
practice for any:
a. Person to refuse to hire, accept,
register, classify, or. refer .for em-
ployment, to discharge any employee,
or to otherwise discriminate in em-
ployment against any applicant for
emp.icymcnl or any employee because
of the age, race, creed, color, sex,
national origin, religion or d.isabi-
H-Ly of such ahplirtnnt or employee,
un Ins:; b,i:,ed uoori the nature of the
occupation
12. There are no rules of the commission which are directly
applicable to the question of whether or not there was an unfair
or discriminatory practice in this case. i
13. The Iowa Supreme Court has applied what is now 5601A.6
(1) in cases concerning the treatment of male and female employees!
differently because of the pregnancies of female employees. In
Cedar Rapids Community School District v Parr, 227 N.W.2d 835
(Iowa 1975) the court considered policies of a school district
which singled out pregnancy for special treatment. In particular,;
the school district (1) required tenured pregnant employees to
take a leave of absence and terminated the employment of non -
tenured pregnant employees,, and (2) denied disability pay to em-
ployces absent due to pregnancy, while employees with other dis-
abilities were paid disability benefits.
In discussing the mandatory leave and forced termination
Policy the court stated:
Plaintiffs vigorously argue this portion
Of the regulation does not sexually dis-
criminate because men and women are not
similarly circumstanced regarding preg-
nancy. More simply stated, it is con-
tended that. since the provision treats
all those similarly circumstanced alike,
i.e., pregnant teachers, there exists
no sex discrimination. This argument
misses the mark.
Whether or not pregnant females arc
treated the same or. differently :is
nul: Liu: fu,:al point. ri'hc Lrnc iusue
is whither all disabilities, pregnancy
included, are treated the same. In
other words, the question is not
whether the regulation has discrimi-
natory appl.i.cation within the class
establ.i.shcd but rather does it di.s-
criminateas to the cl.ass singled out.
227 N.W.2d at 493.
The court held that the school systWr different treatment
of pregnant employees violater] the Iowa Civil Rights AcL.
JORM MICR4�LAB
CEDAR RAPIDS • DES MOINES
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The Iowa Supreme Court, .in the Parr decision, relied in part
on the case of. Gilbert v. F_oneral Electric Company, 375 F.Supp.
367 (E.D. Va. 1974). That case was affirmed by the Fourth Circuit
Court of Appeals, at 519 F.2d 661 (1975), but then reversed by
the United States Supreme Court under the name General Electric
Company v. Gilbert, 429 U.S. 125 (1976).
In the case of Quaker Oats Co. v. Cedar Rapids Human Riahts
Commission, 268 N.W.2d 862 (Iowa 1978), the Iowa Supreme Court
Examined its holding in Parr in light of the decision of the
United States Supreme Court in General Electric, and reaffirmed
that holding.
Tn Q.aker. Oat the Iowa Supr.ome-. Coury stated, nt. 268 N.h1.2d
SG6, tis Eol.l.owci:
To say, as General Electric does, that
provisions like the one under scrutiny
here do not discriminate because they
treat all pregnant people alike does
not reach the real issue since the in-
evitable effect of that rule is to dis-
criminate in the designation of the
class itself.
The court further stated, at 268 N.W.2d 866, 867, the following:
We agree with this statement in
Massachusetts Electric Co. v. Massachu-
setts Commission Against Discrimination,
Mass., 375 N.E.2d 1192, pp. 1198-99:
Pregnancy is a condition unique
to women, and the ability to be-
come pregnant is a primary charac-
teristic of the female sex. Thus,
any classification which relies
on pregnancy as the determinative
criterion is a distinction based
on sex.
Breast feeding is analogous to pregnancy. The ability to
breast feed is a condition unique to women and it is a primary
characteristic of the female sex. Singling out an employee for
different treatment because of 'the employee's breast feeding is
discriminating on the basis of sex. Such discrimination is an
unfair and discriminatory practice unless it is "based upon the
nature of the occupation". 5601A.6(1).
14. If, however, an employoo is prevented from breast feeding
by a rule that does not distinguish on the basis of sex and is
applied equally to all em loyees, there is no unfair or discrimi-
natory practice (unless the neutral rule has a disparate impact-
soc, Conclusion of Lauf 21.).
i
In the Parr case the school system denied leaves of absence -
to non-tenuredpprcgnant employees. Howovor, no non•-tenurr!d cm-
ployeo, male or female, was granted a leave of. absence. The court
found that there was no unfair or discriminatory practice. 227 i
N.W.2d at 496. i
I
n
_21.-
Imploymeut p.raCticca rclaLod to [sox] are
unlawful unless they can be justified on
the Basi.^, of business necessity. In in-
voking the doctrine, the court in Robinson
v. Lorillard Coro., 444 P. 7.d 791., 792
(C.A.4, 1971) provides a definition. The
applicable test is not merely whether there
exisL•s a business purpose: for adhering to
a challenged practice; the test is whether.
7 -
CEDAR RAPIDS • DES MOINES
A
.15. The mechanics of proof in a case such as the one under
consideration are derived from
McDonnell -Douglas v. Gree, 411
U.S. 792, at 802. The complainant has the initial
burden of
showing actions taken by an employer from which
one can infer,
if the actions remain unexplained, that the actions
were based
on a discriminatory criterion. If the complainant makes such
an ititial showing, the
burden shifts to the respondent to arti-
culate a legitimate non-discriminatory
reason for the action.
The complainant has the opportunity to show that
any reason ad-
vanced by the respondent is a pretext. International Brotherhood
of Teamsters
v. United States, 931 U.S. 399, 358 (1977); Cedar
Ra ids School District Parr,
v. 227 N.W.2d 48G, 492-993;;
Markve v. Cit of 1�kron Vo1.IiI ICRCCase
Reports 48, 51M�Y 31
a ,'
S'
lG. The attorney general, as complainant, showed actions
taken by respondent, from which
one can infer that the action
was based on a discriminatory criterion. Firefighters,
all of
whom were male except Linda Eaton, had relatively free use of
their time during certain
periods of the day. Linda Eaton in-
tended to breast feed her baby during those
periods. Her request
to breast feed was denied. It can be inferred, if
the denial
remains unexplained, that the denial was based
on an opposition
to the act of breast feeding.
17. The respondent articulated a legitimate non-discrimina-
tory reason, an unwritten
rule or policy against frequent and
regular visitation. The articulation required '
of the respondent
was more than merely stating a reason. Respondent was
to
required
prove facts which constitute a legitimate, non-discriminatory
reason for the
action. The respondent did prove those facts.
(Finding of. Fact 482). The
respondent was not required to prove
the absence of a discriminatory motive. Ahart
v. Farmland Foods,
Inc., CP 82259, Iowa Civil Rights Commis sion Decision (October
1979)
. 18,
i
18. The complainant showed that the visitation rule, if it
was a reason for the
respondent's action, was not the only reason,
and that an opposition to the act of breast
feeding was at least
one reason for the respondent's decision. (Finding
of Fact 883).
19. The complainant has shown the respondent's stated reason
for its action to be
a pretext. The inference that the action was;
taken because of opposition to the
act of breast feeding, being
unrebutted, rises to an ultimate concl.usi.on
of law. Markve v.
City o`f Akron, Vol. III ICRC Case Reports 48, 52 (May
31, 1979).
20. The respondent could justify its action if it could show:
that the sex discrimination
in .its o
frt-�linri war; "I,nn,;r? raron Me n::r� Opposition to the act of breast;
?
Thr. Code 19'19. The Iowa Civil Ri.ghts Comm.issirnilha�s
rollow1c:d the)
business necessity test in determining whether
or not discrimina-
tion is based upon the nature of an occupation and has :set forth !
that test
as follows:
I
Imploymeut p.raCticca rclaLod to [sox] are
unlawful unless they can be justified on
the Basi.^, of business necessity. In in-
voking the doctrine, the court in Robinson
v. Lorillard Coro., 444 P. 7.d 791., 792
(C.A.4, 1971) provides a definition. The
applicable test is not merely whether there
exisL•s a business purpose: for adhering to
a challenged practice; the test is whether.
7 -
CEDAR RAPIDS • DES MOINES
A
-24-
there exists an overriding legitimate
business purpose such that the practice
is necessary to the safe and efficient
operation of the business. Thus, the
business purpose must be sufficiently
4
compelling to override any discrimina-
tory impact-; the challenged practice
must effectively carry out the busi-
ness purpose it is alleged to serve;
and there must be available no accep-
table alternative policies or prac-
tices which would better accomplish
the business purpose advanced, or
a,:uonlpl. i.sh it equ>il ly wall wi l:h a
e,
lesser d.ifferenL-.ial impact on affected
classes.
t
F
Sullivan v. McCoy-Stampfer's, Inc., Vol.I ICRC.Case Reports 53,
54 (November 21, 1977).
6
There was clearly no showing of a business necessity for
respondent's actions.
21. Complainant argues that there was an unfair or discrimi-
natory practice under the disparate impact theory. Under that
theory, if a rule, policy, or practice of an employer is neutral
on its face, and was not adopted for a discriminatory purpose,
but nevertheless has more adverse consequences for employees of
a particular sex (or race, religion, age, creed, color, national
origin, or disability) there may be a violation of the Iowa Civil
Rights Act. Whether or not there is a violation depends on
j
whether or not there is a business necessity for the rule, policy,
or practice. (See Conclusion of Law #20). Griggs v. Duke Power
Co., 401 U.S. 424 (1971); Wilson Sinclair Co. v. Griggs, 211
N.W.2d 1.33, (Iowa 1973).
Action taken because of an employee's breast feeding is not
Laken under a neutral rule, policy, or practice, and the dis-
parato impact theory is not applicabl.o.
The disparate impact theory might have been applicable if:
the evidence had shown that the respondent's action had been
taken because of the fire department's visitation rule. If the
evidence had so shown, there would have been no violation under
the disparate impact theory because there was no evidence that
the visitation rule had a disparate impact on females. The fact
that the rule might have prevented Linda Eaton from breast feeding
liar baby while on duty does not mean that the rule would adversely
Baffect
females, as a class, morn. than males, --is a class. The
fucLs should be compared with Lho.:e in Mooru v. CiL•y of: Dos Moines
PolAcc p. Dcoartment, Vol.l ICRC Ca Reports 2S (June 13, 1973),
where the evidence showed that height and weight requirements
for police officer positions would exclude almost all female
1
;jpi,lic;nts and only sixty-two percent of mala applicants.
i
22. IF the respondent had den.i.ed Linda Eaton's request to
nurse her baby while on duty because of the visitation rule, there
a
would have been no violation of: the :Iowa Civil Rights Act. In
this case, however., the visitation rule was not the reason for
the action. The discriminatory acts of respondent should not be
i
excused because the same acts might have been nondiscriminatory
n
if there had been a diff,:r<:nt motivation.
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CEDAR RAPIDS DES MOINES
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II tllcru had been a non-d]:.criminaLory motivation for the
denial. of Linda Eaton's request, the subsequent events may have
been different. One side or the other might have been more
flexible. It is possible that Linda Eaton would not have been
faced with the loss of her job.
The availability of a nondiscriminatory reason for the
city's action is not a defense for its being motivated by a
discriminatory reason
23. §601A.15(8), The Code 1979, states in pertinent part
as follows:
f
(
Tf upon taking into cons.idoration all of
r
L -he evidence at a hearing, the commission
determines that the respondent has engaged i
in a discriminatory or unfair practice,
the commission shall state its findings
y
offactand conclusions of law and shall
issue an order requiring the respondent
to cease and desist from the discrimina-
tory or unfair practice and to take the
necessary remedial action as in the judg-
Ment of the commission will carry out the
purposes of this chapter. A copy of the
order shall be delivered to the respondent,
the complainant, and to any other public
officers and persons as the commission
k:
deems proper.
a. For the purposes of this subsection
and pursuant to the provisions of this
chapter "remedial action" includes but
it is not limited to the following:
*
(1) Iliri.ng, reinstatement or upgrading
of employees with or without pay. In-
terim earned income and unemployment
compensation shall. operate to reduce
the pay otherwise allowable.
(6)Reporting as to the manner of compliance.
(7) Posting notices in conspicuous places in
the respondent's place of business in form
prescribed by the commission and inclusion
of notices in advertising material.
i
(8) Payment to the complainant of dumagcs
for an injury caused by the discriminatory
or unfair practice which damages shall. in-
clude but are not limited to actual. damages,
court rr,;;ts; rind rn r::nnrdblr attorney fees.
24. A rule of the Iowa Civil Rights Commission, at 240-1.15
(5) IAC, reads as follows:
i
Orders of the commission shall seek to
remedy an injury in accordance with the.
intent of. chapter 601A and consistent
with the theories on remedies expressed
in Amos v. Prom, In_c., 115 F.S•upp. 127
j
(D.C. Towa 1953
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25. Even though the complaint of Linda Eaton is not being
considered, payment to Linda Eaton for lost wages will tend to
carry out the purposes of the Iowa Civil Rights Act. Linda
Eaton should be paid $145.1.2, plus simple interest at the rate
of seven percent per year from rebruary 1, 1979, until the
amount is paid .in full.
26. An award of damages to Linda Eaton for emotional dis-
tress is consistent with §601A.15(8)(a) and with'240-1.15(5) IAC.
Eaton should be awarded an amount for emotional distress. Wilder
v. Wetherbee, CP #06-76-3786, Iowa Civil Rights Commission de-
cisi.on, December 20, 1979. In Wilder, a black woman who was
humiliated by a landlord who told her that the landlord did not
rent to black people was awarded $750.00 to compensate her for
r anguish and embarra,;sine nL. The disLrcos suffcrod by Linda Eaton
.S is judged to be somewhat less severe, and she should be awarded
$500.00 for emotional distress.
27. The respondent might have prohibited Linda Eaton from
regularly breast feeding her baby while on duty without commit-
ting an unfair or discriminatory practice if the visitation rule
or policy had been applied to Linda Eaton's request. They should
not be prohibited from applying that rule on policy in the future'
to requests to breast feed other children. It would be very
difficult, however, to apply that rule or policy or any other
legitimate non-discriminatory reason to Linda Eaton's request to
breast feed her baby after all the events that have occurred.
There would be too great a danger that the respondent would be
unable to avoid consideration of those events. The respondent
should permit Linda Eaton to have her baby brought to visit her
twice each day, for up to thirty minutes each visit, during
periods when there are ordinarily no assigned duties for fire-
fighters, until such time as the baby is weaned.
28. The respondent should be prohibited from taking any
disciplinary action against Linda Eaton for her having
her baby brought to the fire station for breast feeding.
29. The respondent should br_ prohibited from taking into
account, in any decision concerning Linda Eaton's employ-
ment, her having breast fcd her baby wh.il.e on duty or her having
h,ul her child brought to the firs station for breast feeding.
30. Respondent should not be prohibited from applying the
fire dupartmunL• vis.i.tation rule or policy, or any other rale or
policy of the City of Iowa City to deny future requests from
employees to breast feed children on the job, if the rule or
policy applied is not, In its formulation or application, a pre-
text for prohibiting breast feeding on the iob.
31. Even if the difference in recording the visitors to
Linda Eaton, as compared to the visits to other firefighters,
is not retaliation for her asserting her rights under the Iowa
Civil Rights Act (the allegation of retaliation is not being
considered) , L•hnt differont t-r.rritmrnt i.n tha result of the un-
lawfuldenial of her ruquesL Lo breast feed her baby and il-
should not continue. Similarly, the unusual handling of the
February, 1979, evaluations of Linda Eaton's job performance
is probably a result of the unlawful pract•ires of. respondent.
The respondent should not use those job evaluations in any
future decision about Linda Eaton.
32. The complainant has requested that respondent be re-
quired to pay the attorney fers of Linda Eaton.
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CEDAR RAPIDS • DES MOINES
■
^ r.
-2-7-
Attorney fees cannoL be awarded unless there .is a statute
expressly authorizing the award. 20 Am.Jur.2d Costs §72 (1965).
There is no authority for the award of attorney fees unless it
is found in §601A. 1.5 (8) (a) (8) , which allows as follows:
Payment to the complainant of damages
for an injury caused by the discrimi-
natory or unfair practice which damages
shall include but are not limited to
actual damages, court costs and reason-
able attorney fees.
33. Since Linda Eaton's complaint is not being considered,
T,inda futon is not a complainant in this case, ane; Por that:
3 reason the m. .is no author.iLy to award atturney
Eaton. ices to Linda
t
39. Even if Linda Eaton is considered to be a complainant,
the statute does not authorize an award of attorney fees.
i
§601A.15(8)(a)(8) refers to "actual damages, court cost and
reasonable attorney fees" (emphasis added). It is not likely
that the legislature was contemplating the Iowa Civil Rights
Commission when the words "court costs" were placed in the
statute, but was instead contemplating a complainant who has
sought relief in district court under §601A.16. This raises
the question of whether the legislature intended that complain-
ants in actions before the commission be awarded attorney fees
on whether that relief was also intended to be limited to actions
brought in district court.
9601A.15(8)(a)(8) was added to the Code by the 1978 Session
of the Sixty -Seventh General Assembly, Chapter 1179, Section 16.
That same chapter, at Section 1, added provisions to the Iowa
Civil. Rights Act allowing a complainant, in certain circumstances,
to take the complaint out of the commission's jurisdiction and
Place it within the jurisdiction of the district court. Before
Chapter 1179 was enacted, there was no provision for going to
district court and no provision for the award of attorney fees.
5601A.15(6) provides, in part, "The case in support of such
complaint shall be presented at the hearing by one of the com-
mission's attorneys or agents". It seems unlikely that the
legislature intended that the commission should have authority
to award attorney fees, when the legislature specified that the
commission's attorneys or agents'should present the case in
support of the complaint.
9601A.15(7) provides that Chapter 1.7A shall govern the pro-
cedure of a hearin,
gand �l7A.1.2(d)
may be
provide:,• that all parties
represented by counsel but "at:
their own expense".
§601A.16(5) provides that if a
plaint to district
complainant takes thcr com-
court the court
roli1f m;thor.izr:rl by §601.A.15(fl), and
may grant any
in virli.tir
rcasunelblc atLorney fou.; and court
may awn rd
costs to the .responelent if
the court finds that the complainant's
This
action was frivilous.
.indicates a legislative intent
specified in §601A.15(8), including
that all of the relief
attorney fees, be
by the commission.
may awarded
JORM MIUMPLA"
' CEDAR RAPIDS • DES MOINES
qV2
h
r
-28-
There appears to be some conflict among the various sections
of the statute. Considering the statute as a whole, it is con-
cluded that the legislature did not intend to authorize the
commission to award attorney fees.
35. At hearing, the deposition of Dr. Derrick Brian Jell.iffe
was received into evidence subject to an objection by respondent.
The deposition had been taken by telephone conference call.
The respondent objected that the deposition procedure did not
comply with Iowa Rule of Civil Procedure 147(x), and was therefore
inadmissible.
Admissibility is governed by §1.7A.14(1), The Code 1979. The
objectiun is ovorruled. The deposition ha; been examined and has
been found to have little relevance to any question that needed to
be decided in this case. It has not been considered as a basis
S; for any finding of fact.
36. The complaint of Linda Eaton in CP #01-79-6031 should
not be dismissed. The complaint, as amended, should be remanded
(i to the staff of the Iowa Civil Rights Commission for such actions
as may be appropriate. The action might include investigation of
the complaints of retaliation and harassment, a finding of pro-
bable cause or no probable cause, conciliation procedures if there
is a finding of probable cause, and a hearing, if necessary.
37. If the amendment of the complaint alleging retaliation
and harassment is considered, complainant produced evidence from
which one can infer that actions of the respondent were taken in
retaliation for her assertion of rights protected by the Iowa
Civil Rights Act. Such retaliation is an unfair or discriminatory
practice under. 5601A.11(2), The Code 1979.
The evidence from which the inference can be drawn is that
visits to Linda Eaton were recorded more regularly and in a
different manner than visits to other firefighters, that Linda
Eaton received job evaluations in February and April, 1979, that
were somewhat less favorable than her job evaluations before she
went on leave of absence:, and that the February job evaluations
were not placed in her personnel file but were found in Sophie
Zukr.nwsk.i's file on Linda Eaton.
The respondent partially rebutted the inference by articula-
ting the reasons for the less favorable evaluations in April.
Those reasons, Captain Fjelstad's beliefs as to her level of per-
formance and the accident with the fire truck, were not shown to
be pretexts for retaliatory actions.
Tho inference of retaliation was not fully rebutted, however,
in that there was no reasuri articulated for the difference in re-
cording the visits to Linda Eaton, no reason was articulated for
the February job evaluations, and no reason was articulated for
the failure to place the evaluations in Linda Eaton's personnel
file. It .is concluded that the respondent dial treat Linda Eaton's
,dsi.Ls rlif.fercnt:ly hecau:u: :Air! Imel a:::;r!rU:d rirlhu; pvntrctad by
chapter 601A and that the February ovaluations were. inf:lucncrrl
by her assertion of those rights.
38. If it is determined that Linda Eaton can and should be
awarded attorney fees, the affidavit of. attorneys Clara Oloson
and Jane Eike.lberry (Post hearing Exhibit 1) should be used as a
basis for that award. F.ven though the attorneys were not subject
to cross examination, the affidavit can be accepted as substantial-
ly accural'r:, and the .inLor.ests of: I:he parties will not be. preju-
dir.rd :;ubnLurtial.ly by iLs considorati.on. §17A.14, The Code 1979.
" I CEDAR RAPIDS • DES MOINES I
-29-
3'). A read.hi('I of 111t,l,rirfu un Lie ):::;uc or aLtorn(!y Luc::,
and some of. the cases cited in the briefs, indicates that many
factors have baen considered in determining the amount of an
award for attorney fees.
The following factors should be considered in this case:
1) the number of hours spent by the attorney;
2) the reasonable hourly rate for the work
performed, taking into account the quality
of the: work performed;
3) the likelihood of success when the
rntLornny accepted the case. To encourage
attor.noyu to take cases where success .is
less than certain, the reasonable fee
should be multiplied to reflect the de-
gree of uncertainty.
40. There is a divergence of authority as to whether attor-
neys fees should be awarded for time spent on issues on which the
complainant was not successful. Some courts have awarded attorney,
fees in civil rights cases only for time spent on issues on which
the complainant was successful. McCormick V. Attala County Board
of Education, 424 F.Supp. 1382, 1387 (N.D. Miss. 1976);. Schaeffer
v. San Diego Yellow Cabs Inc., 462 1.2d 1002, 1008 (9th Cir. 1972).,
Other courts have allowed attorney fees for time spent on all
issues, whether the complainant was successful or not. Brown v.
Bathke, 588 F.2d 634 (8th Cir. 1978); Air Line Pilots Association,
International v. United Air Lines, Inc., 21 EPD 9(30420 (E.D. N.Y.
1979). In the Air Line Pilots Association case, "the circumstances
of the case prevented the claims of discriminatory conduct from
being easily separated." 21 EPD at 13394.
It is concluded that attorney fees should only be awarded for
time spent on successful. issues if those issues can be tried
effectively without also trying the unsuccessful issues.
In this case, the: complainant was unsuccessful on the claim
that fire department rules had disparate impact on women. Much
of the evidence at hearing concerned only that issue. The dis-
parate impact .issue could have been easily separated from the
differential treatment issue. No attorney fees should be awarded
for time spent on the disparate impact issue.
41. Complainant has cited case
fees can be awarded for time expende
forum that is awarding attorney fees
18 B11D 918644 (D.C. Ci.r.. .1.978) ; Carny
47 U. S.L.W. 2747 ( 1.977) . IiespwiJi±nL
expended since Linda Eaton filed her
should be considered.
s as authority that attorney
7 in forums other than the
Rulkarne v. Aloxander.,
v. New York Gas I,.idht Club,
hits argued Lhz,L only the Lime
complaint, on June 24, 1979,
The work of. Eaton's attorneys before June 24, 1979, was, for
Lhr• mrnsL part., di.roctcrl Loward rn::olving. l:he samo charges of sex
discrimination that were found in her complaint. Time expended
should not be disregarded solely because it was expended before
June 24, 1.979.
CEDAR RAPIDS • DES MOINES
-30-
42. Attorney fees should not be awarded for time spent on
issues not directly related to the issue of sex discrimination.
43. In the determination of any award of damages, the
computation may of necessity be an inexact process. Macey v.
World Airways, Inc., 13 EPD 9111581 (D.C. Cal. 1977).
44. Attorney fees should be awarded only for the time of one
attorney at any conference, meeting, or hearing session.
45. Applying the principles set forth above to the affidavit
of Linda Eaton's attorneys, one finds a claim for reimbursement
for 440.7 hours.
From that amount, the r:oilowing hours, on the following dates,
should be deducted for the following reasons:
Date
1-21-79
1-22-79
1-22-79
1.-24-79
1-25-79
1-2G-79
Hours
Reason
.5 (estimated)
Research on issue of defa-
mation of character; not
i
directly related to sex
discrimination charge.
i
•2
Letter on defamation of
character.
2.0
Meeting of Iowa City Human i
Rights Commission on Com-
mission's position on
client's case; without
further evidence, it cannot;
be accepted that that Com- '
mission was occupied for
two hours with the client's,
case.
4.0
i
8.0 hours spent drafting a '.
Petition for Writ of Tem-
porary Injunction; any time
spent beyond 4.0 hours seems
unrensonable, in view of pre•
vious time spent on research
.2
This time was spent to lo-
cate a medical expert on
breast feeding. Such testi)
mony was of minimal useful.-'
ness for proving case under
differential trcatmenttheory
(the successful theory).
1.0
Telephone call. to Dr. Foman
on benefits of breast feed-
ing; not relevant- under. the
:;ur:ce:^,nf u1 I:h(!Ory.
.5
5 hour.:; was spent: by each
attorney in conference c;il.l
with director of Iowa Civil
Rights Commission and assis-
tant attorney generals; only
one attorney's time should
be allowed.
.... _.. T _. .._.
CEDAR RAPIDS • DES MOINES
yea
w
9
d
i
r
W
Data
flours
Reason
1-27-791.0
(estimated) Time for telephone calls to
Dr. Poman and Marian Thomp-
son, of the LaLeche League,
should not be allowed.
1-20-79
8.5
Each attorney spent 8.5 hrs.
at or concerning a mediation
session. Only one attor-
ney's time should be allow-
ed.
1-29-79
9.0
Each ;ittorne't spent 9.0 hrs.
in hearings and a conference
with the assistant attorney,
general; only 9.0 hours
should be allowed. i
1-30-79
4.5
i
Each attorney spent 4.5 hrs
in a hearing and conference;,
only one attorney's time
should be allowed.
2-5-79
1.2
Each attorney spent 1.2 hrs
`
in conference with investi-
gator for Iowa Civil Rights
Commission; only one attor-
ney's time should be allowed
2-12-79
.7
Telephone call to client i
about 2-13, 2-18 and 2-20
shifts; such reporting on
the working conditions at
that time does not appear
reasonable.
2-16-79
.5
Telephone call to Jesse King
about 2-10-79 and 2-15-79
shifts; in view of previous `
conferences with Mr. King,
this expenditure of time does
not seem reasonable.
2-20-79
.5
Telephone call to Jesse King
time expenditure not reason-
able.
• 4
Telephone call to Dr. ,7ol.li-'
ffe; not relevant to dif-
ferential treatment. theory.
•4
Telephone calls to commis- i
sion investigator about
breast feeding; not relevant
to differential treatment
theory.
2-22-79
.1
Telephone call to client on
breastmilk supply; not rol.e-
vant to successful issue. j
ICEDAR RAPIDS • DES MOINES I
f'.
a
Date
Hours
Reason
2-27-79
.2
Conference with Jesse King
i
not a reasonable expendi-
ture of time.
2-28-79
.2
Conference with client
about 2-27 shift; not a
reasonable expenditure of
i
i
3-1-79
� 1
Conference with Jesse King;,
1
i
f
I
I
i
f'.
a
Date
Hours
Reason
2-27-79
.2
Conference with Jesse King
i
not a reasonable expendi-
ture of time.
2-28-79
.2
Conference with client
about 2-27 shift; not a
reasonable expenditure of
time.
3-1-79
.2
Conference with Jesse King;,
not a reasonable expendi-
ture of. time.
3-2-79
.4
Telephone call. to client
about 3-1 shift; not a
reasonable expenditure of
time.
3-4-79
.5
Conference with client I
about 3-3 shift; not a
reasonable expenditure.
3-11-79
.4
Telephone call with client
about 3-10 shift; not a
reasonable expenditure.
3-13-79
.5
Conference with client.about
3-12 shift; not a reasonable
expenditure.
3-27-79
.5
Conference with client about
3-17, 3-19, 3-21 and 3-26
shifts; not a reasonable
expenditure.
4-3-79
.5
i
Conference with client about
3-28 and 3-30 shifts; not a'
reasonable expenditure.
4-4-79
1.5
Each attorney spent 1.5 hrs
in a conference about con-
ciliation meeting; only one:
attorney's time should be I
allowed.
4-9-79
.4
Telephone call to client
about 4-6 and 4-8 shifts;
noL a reasonable expand.i-
tore.
4-10-79
.2
Telephone call to Dr. Jel-
liffe; not relevant to dif-
fornnti.al t.r.nntment theory.'
4-1_1-79
.5
Conference with Jesse King
about 4-1, 4-3, 4-5 and
4-10 shifts; not a reason-
able expenditure.
i.
i
Date
4-16-79
4-18-79
4-24-79
4-27-79
�I
is
;t
I I
5-1-79
5-8-79
5-9-79
5-14-79
5-15-79
5-30-79
6-4-79
6-11-79
-33-
flours
1
5
4
Mi
4.0
.4
1.8
.3
3
5 (estimated)
.8
.8
DORM MIC R�LAB
CEDAR RAPIDS DES MOINES
Roason
Conference with Jesse King
about 4-14 shift; not a
reasonable expenditure.
Conference with client
about 4-13, 4-15, and 4-17
shifts; not a reasonable
expenditure.
Conference with Jesse King
about 4-7.9, 4-21, and 4-23
shirts; riot a reasonable
expenditure.
Conference with client about
4-22, 4-24, and 4-26 shifts),
not a reasonable expendi-
ture.
Each attorney spent 4.0 hrs
at hearing in district court;
only one attorney's time
should be allowed. i
Conference with Jesse King
about 4-28, 4-30, 5-2, and
5-7 shifts; not a reason-
able expenditure.
Each attorney spent 1.8 hrs
in settlement negotiations;
only one attorney's time
should be allowed.
i
Conference with Jesse King I
about 5-9 and 5-11 shifts;
not a reasonable expendi-
ture. i
Conference with client about
5-1, 5-3, 5-10, 5-12, and 1
5-1•". shifts; not a reason-
able expenditure.
I
Conference with Jesse King
about 5-16, 5-18, 5-20,
5-23, 5-25, 5-27, and 5-29
shifts; not a reasonable: i
expenditure.
Conference with client about
5-19, 5-21., 5-23, 5-28, 1
5-30, and 6-1 !;rifts; not a
reascinabl.e expondituru.
Conference with cli.nnt about
6-6, 6-8, and 6-10 :otri.f't;:; .
not a reasonable expenditurd
i
yy;v
ly
j
(
i .
f
Date
4-16-79
4-18-79
4-24-79
4-27-79
�I
is
;t
I I
5-1-79
5-8-79
5-9-79
5-14-79
5-15-79
5-30-79
6-4-79
6-11-79
-33-
flours
1
5
4
Mi
4.0
.4
1.8
.3
3
5 (estimated)
.8
.8
DORM MIC R�LAB
CEDAR RAPIDS DES MOINES
Roason
Conference with Jesse King
about 4-14 shift; not a
reasonable expenditure.
Conference with client
about 4-13, 4-15, and 4-17
shifts; not a reasonable
expenditure.
Conference with Jesse King
about 4-7.9, 4-21, and 4-23
shirts; riot a reasonable
expenditure.
Conference with client about
4-22, 4-24, and 4-26 shifts),
not a reasonable expendi-
ture.
Each attorney spent 4.0 hrs
at hearing in district court;
only one attorney's time
should be allowed. i
Conference with Jesse King
about 4-28, 4-30, 5-2, and
5-7 shifts; not a reason-
able expenditure.
Each attorney spent 1.8 hrs
in settlement negotiations;
only one attorney's time
should be allowed.
i
Conference with Jesse King I
about 5-9 and 5-11 shifts;
not a reasonable expendi-
ture. i
Conference with client about
5-1, 5-3, 5-10, 5-12, and 1
5-1•". shifts; not a reason-
able expenditure.
I
Conference with Jesse King
about 5-16, 5-18, 5-20,
5-23, 5-25, 5-27, and 5-29
shifts; not a reasonable: i
expenditure.
Conference with client about
5-19, 5-21., 5-23, 5-28, 1
5-30, and 6-1 !;rifts; not a
reascinabl.e expondituru.
Conference with cli.nnt about
6-6, 6-8, and 6-10 :otri.f't;:; .
not a reasonable expenditurd
i
yy;v
ly
j
(
i .
0
B
;i
-34-
34-
t:
!lours Reason
6-14-79
.2 Telephone call to fire-
fighter Hopkins about union'
grievance; not shown to be
relevant to sex discrimi-
nation case.
6-15-79
.8 Time spent on union grie-
6
not shown to be relevant to
Y
6-20-79
r
A
0
B
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
I
-34-
34-
Da to
Date
!lours Reason
6-14-79
.2 Telephone call to fire-
fighter Hopkins about union'
grievance; not shown to be
relevant to sex discrimi-
nation case.
6-15-79
.8 Time spent on union grie-
vance and job evaluation;
not shown to be relevant to
sex discrimination case.
6-20-79
1.0Confi
erence with client about
6-15, 6-17, and 6-19 shifts;
not a reasonable expendi-
ture.
6-20-79
1.5 Preparation of summary of
client's and Jesse King's
shift events from 4-24 to
6-20; not a reasonable
expenditure.
6-29-79
•5 Conference with client about
6-24, 6-26, and 6-28 shifts;
not a reasonable expendi-
ture.
7-9-79
.5 Conference with client about,
7-3, 7-5, and 7-7 shifts; i
not a reasonable expendi-
ture.
1 Telephone call to N. Hopkins
about union grievance;:not
shown to be related to sex
discrimination case. j
7-11-79
.2 Telephone call to N.Hopkins'
about union grievance; not '
shown to be related to sex
discrimination case. I
7-15-79
3.0 Preparation to take Dr.
Jelliffe's deposition; not
relevant to differential I
treatment theory.
7.16-79
1.2 Time spent concerning de-
position of Dr. Jelliffe;
not relevant to differential
treatment theory.
7-1.7-79
.3 To.l.rphono cn.i.t to Dr. Jot,-
l.iffu; not: relevant to dir-
fcr.ential. treatment theory.*
7-24-79
1.0 (estimated) Telephone call to Dr. L.R.
Waletzky and conference
with client about breast e
feeding history andpat.terns.';
not relevant to differential
treatment theory.
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
■
I
-.j
■
�,
Date
7-25-79
7-26-79
7-26-79
7-28-79
and
7-29-79
i
7-30-79
7-31-79
8-1-79
8-2-79
8-3-79
8-6-79
8-7-79
(hearing)
0-19-79
8-22-79
Hours
i
Reason I
3.0
I
Dr. Jelliffe; not relevanti
to differential treatment
theory.
�,
Date
7-25-79
7-26-79
7-26-79
7-28-79
and
7-29-79
i
7-30-79
7-31-79
8-1-79
8-2-79
8-3-79
8-6-79
8-7-79
(hearing)
0-19-79
8-22-79
Hours
i
Reason I
3.0
Preparation interview with•
Dr. Jelliffe; not relevanti
to differential treatment
theory.
1.5
I
Deposition of Dr. Jelliffe;,
not relevant to differen-
tial treatment theory.
1.0
Conference with client about
7-12, 7-14, 7-16, 7-21, j
7-23, and 7-25 shifts; not.
a reasonable expenditure. ;
14.0 28.0 hours were spent in
preparation for the hear-
ing; in view of the time
already spent preparing f
hearing, and in view of t
evidence necessary for su
cess on the differential
treatment theory, time
spent in excess of 14.0
hours seems unreasonable.
56.3
3.0
The attorneys, together,
spent 90.4 hours at the
hearing. The attorneys
were both at all of the
hearing except .4 hours.
Only the time necessary fo
one attorney, 45.4 hours
should be allowed. Also,
giving allowance to the
attorney's judgment as to
the presentation of evi-
dence, the time spent by
complainant's attorneys at,
the hearing was excessive
by at least twenty-five
percent. The 45.4 hours o5
one attorney should be re-'
duced by 25 percent, or
11.3 hours. The total dis-''
allowance should be 45 hour's
plus 11.3 hours or 56.3 hri.
Time was spent on research,
on attorney fee award;
since 6.6 hours had already%
been spent on research on '
the question; the 3.0 hoursi
are unreasonable.
5 Conference with client
about 8-17, 8-19, and 8-21:
shifts; not shown to be
related to the case before -
the Iowa Civil Rights Com-
mission. i
I
DORM MICR�LAB.
CEDAR RAPIDS • DES MOINES
-36-
Date
8-29-79
8-31-79
9-10-79
li
9-19-79
9=19-79
I�
c
I!
j 10-3-79
Hours
.3
.3
.2
.3
1.0
.4
it
I'
10-25-79 .4
i
10-4-79
11-9-79
11.-26-79
1.1-22-79
2.0
4
2
4.0
11-5-79 10.4
11-15-79
11-30-79
12-1-79
12-2-79
TUTAL IIOURS 1.61.30
I!
!JORM MICFH+LAB
CEDAR RAPIDS • DES MOINES
Reason
Conference with client
I
about 8-26 and 8-28 shifts;!
i
not shown to be relevant
i
to case.
Conference with client i
about 8-30 shift; not
shown to be relevant to
case.
i
Conference with client
about 9-4, 9-6, and 9-8
shifts; not shown to bci
relevant to case.
Conference with client
I
about 9-13,-9-15 and 9-17
shifts; not shown to be
relevant to case.
Research about attorney
fees; not reasonable in
view of previous time
spent on research.
Conference with client
about 9-22, 9-24, 9-26,
10-1, and 10-3 shifts; not
shown to be relevant to
case.
Conference with client
about 10-5, 10-10, 10-12,
10-14, 10-19, 10-21, and
10-23 shifts; not shown to
be relevant to case.
Research on attorney fees;
not reasonable in view of
time already spent on the
question.
Conference with client
about 10-28, 10-30, 11-1,
11-6, and 11-8 shifts; not
shown to be related to case.
Telephone call to client
about shifts; not shown to
be related to case.
Research on disparate im-
pact; not relevant to suc-
ccanful diferentia.l treat-
ment issue.
The attorneys spent 41.5
hours reading the trans-
cript and writing the
brief. In view of the lack
6
of success on the disparate)
impact theory, the hours
i
should be reduced by twenty)
five percent.
1^p
:k
yy
-3 -7 -
Attorney
3 -7 -
Attorney fees should be paid for the 440.7 hours claimed,
minus the 161.3 hours not allowed, or 279.4 hours.
$40.00 per hour has been .Found to be a reasonable rate (See
Finding of Fact #96).
$40.00 per hour multiplied by 279.4 hours equals $11,176.00.
46. There was a degree of uncertainly about the results when
Linda Eaton's attorneys undertook to represent her. There were
questions as to whether or not the evidence would prove or dis-
prove an unlawful motivation for respondent's actions.
If complainant had lost, there would have been no award of
attorney fees. Representation of complainants where success on
the complaint is less than certain should be encourged.
In this case, if attorney fees are awarded, the reasonable
11fee of $11,176.00 should be increased by fifty percent, for a
litotal of $16,764.00.
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47. The affidavit of attorneys Oleson and Eikelberry in-
:Icludes a statement of $230.63 for court filing costs, copying
costs, subpoena costs, and long distance telephone calls. No
award for these costs should be made without further itemization.
ii
PROPOSED RULINGS ON MOTIONS:
1. On the first day of hearing the complainants filed a
motion in limine, requesting that all attorneys be precluded from
raising certain issues and facts at the hearing. The attorney
for respondent agreed not to raise those issues or facts, and a
ruling on the motion was and is unnecessary. It is noted that
the Iowa Civil Rights Commission has held that a motion in limine
has no place in an administrative hearing. Guzman v. Churchill
Truck Lines, Vol.III ICRC Case Rptr. 26, 35 (May 17, 1979).
2. During the hearing the respondent moved to dismiss the
complaints because of a failure to comply with the conciliation
procedures of Chapter 601A. The motion should be denied, as to
the complaint of the attorney general. As to the complaint of
Linda Eaton, the appropriate remedy is not dismissal but remand
to the staff of the commission for any further action that is
appropriate.
'!PROPOSED DECISION AND ORDER:
1. The respondent, City of Iowa City, committed an unfair
and discriminatory practice by discriminating against Linda Eaton
on the basis of her sex, in violation of S601A.6(1)(a), The Code
1.979.
2. IT IS IIRREDY ORDERF;D that tho City of l.owa City pay to
Linda Eaton the amount of $G45.1.2, plus simple interest at the
rate of seven percent per year from February 1, 1979, until the
amount is paid in full,
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Attorney
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Attorney fees should be paid for the 440.7 hours claimed,
minus the 161.3 hours not allowed, or 279.4 hours.
$40.00 per hour has been .Found to be a reasonable rate (See
Finding of Fact #96).
$40.00 per hour multiplied by 279.4 hours equals $11,176.00.
46. There was a degree of uncertainly about the results when
Linda Eaton's attorneys undertook to represent her. There were
questions as to whether or not the evidence would prove or dis-
prove an unlawful motivation for respondent's actions.
If complainant had lost, there would have been no award of
attorney fees. Representation of complainants where success on
the complaint is less than certain should be encourged.
In this case, if attorney fees are awarded, the reasonable
11fee of $11,176.00 should be increased by fifty percent, for a
litotal of $16,764.00.
I•
47. The affidavit of attorneys Oleson and Eikelberry in-
:Icludes a statement of $230.63 for court filing costs, copying
costs, subpoena costs, and long distance telephone calls. No
award for these costs should be made without further itemization.
ii
PROPOSED RULINGS ON MOTIONS:
1. On the first day of hearing the complainants filed a
motion in limine, requesting that all attorneys be precluded from
raising certain issues and facts at the hearing. The attorney
for respondent agreed not to raise those issues or facts, and a
ruling on the motion was and is unnecessary. It is noted that
the Iowa Civil Rights Commission has held that a motion in limine
has no place in an administrative hearing. Guzman v. Churchill
Truck Lines, Vol.III ICRC Case Rptr. 26, 35 (May 17, 1979).
2. During the hearing the respondent moved to dismiss the
complaints because of a failure to comply with the conciliation
procedures of Chapter 601A. The motion should be denied, as to
the complaint of the attorney general. As to the complaint of
Linda Eaton, the appropriate remedy is not dismissal but remand
to the staff of the commission for any further action that is
appropriate.
'!PROPOSED DECISION AND ORDER:
1. The respondent, City of Iowa City, committed an unfair
and discriminatory practice by discriminating against Linda Eaton
on the basis of her sex, in violation of S601A.6(1)(a), The Code
1.979.
2. IT IS IIRREDY ORDERF;D that tho City of l.owa City pay to
Linda Eaton the amount of $G45.1.2, plus simple interest at the
rate of seven percent per year from February 1, 1979, until the
amount is paid in full,
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3, 1'1 IS LUR'PlllI( ORDBIWD, Lhat the City of Iowa City Shall
permit Linda Eaton to have her baby brought to visit her twice
each day that she is on duty, for up to thirty minutes each visit,
during periods when there are ordinarily no assigned duties for
firefighters, until such time as the baby is weaned.
4. IT IS FURTHER ORDERED, that the City of Iowa City shall
take no disciplinary action against Linda Eaton for her having
her baby brought to the fire station for breast feeding.
5. IT IS FURTHER ORDERED, that the City of Iowa City shall
not, in any decision concerning Linda Eaton's employment, take
into account her having breast fed her baby while on duty or her
having had her child brought to the fire station for breast feed-
ing.
6. IT IS FURTHER ORDERED, that the City of Iowa City shall
not, in any decision concerning Linda Eaton's employment, con-
t sider the job evaluations made in February, 1979.
7. IT IS FURTHER ORDERED, that the City of Iowa City shall
cease the practice of recording visits to Linda Eaton differently
from visits to other firefighters.
B. IT IS FURTHER ORDERED, that the City of Iowa City shall
not apply any rule or policy to deny a request of any employee to
.breast feed on the job if the rule or policy is formulated or I
applied as a pretext for prohibiting breast feeding on the job. i
9. IT IS FURTHER ORDERED, that the complaint of Linda Eaton,'
.CP #01-79-6031, is remanded to the staff of the Iowa Civil Rights
Commission for such further action as is determined to be appro-
priate.
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Proposed this
� U day of. February, 1980.
I
W Y�l.riY/'�Iv� I
WILLIAM STANSBERY
Hearing Officer I
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FEB ?.0 19CO
CLLI?K 5111'111Mf COURT
IN THE SUP!i!;!4: COURT
CHICAGO, ROCK ISLAND AND )
PACIFIC RAILROAD COMPANY,
Appellee -
Cross -Appellant, )
VS. )
CITY OF IOWA CITY, and all )
unknown claimants and all persons
unknown clai.mi.nq any right, title )
or interest in and to the
following described real property )
situated in the County of Johnson,
State of Iowa, to -wit: )
The Fast 160 feet of a parcel of )
land known ae; South 'lar.ket Square
in the City o;: J.owa City, Iowa, )
APpe.l.lant-• )
Cross-AphelIco.
Filed February 20, 1500
268
63033
Appeal from ,1oln.son Di.:;I:r.ieC Couri:, Iiarold D. V.ielcrr, ,Judge.
Dispute between city and railroad over a tract of c:rnnmcrc:ial
land. AFFIRMED IN PART, REVERSED IN PART, AND Rr.,MIA!117ED WITH
INSTRUCTIONS. I
Robert if. Dowlin, Iowa City, for appnl].anl•errors-aphcl.l.ne.
James D. Polson and William ;9. Graham, of Gnmb.11+, iticp�,
3ur.t, Nohster. & Davis, Dos Moines, for appellee-arnnr:-appnll:u)t.
Considered by Reynoldson, C.J.,'and Harris, Al.l.bec, blcGiver
and Larson, ,JJ.
ICLUAH HAPIUb • Uca PIVMLo
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IIAICRIS, J.
This dispute between the plaintiff railroad and defendant
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city is over ownership of land in Iowa City. The question is
whether the railroad or the city owns the east half of South
Market Square and an casement over a part of the west half of
South Market Square. South Market Square is a block, located
within the city. We adopt as our own the following from Lhc:
finrli.ngs of fact of the trial court:
This lawsuit: has its origins a century ago when,
in 1:775, the city enacted ordinance no. 340 perpetually
granting to the Burlington, Cedar Rapids N Northern
Railway Company right: of wav wi.thin the city and
granting the use, perpetually, of South Markol• Square
"on which to erect either a passengor station or stations,
or freight depots or both, and on and over which to
construct and operate any and all railroad tracks, side-
tracks and switches, which may, in t:he judgment of said
railway company, be or become noce:;snry in construe till-]
and operating the railroad of said company through and
using said depot or station grounds in Iowa City."
Section 7 of. the ordinance provi.desv "This ordinance
may he repealed and the grants and privileges herein con-
veyed, revoked, by the city council Of Iowa City, upon
the fai].tire of the said railway company, its successors
or assigns, to comply with the terms or conditions herein;
but no such action shall bo taken .or had until attrr
thirty days' noLi.ce to said railway company, its suc-
cessors or assigns, of such failure, and the rofu^,al or
right of said company, its successors or assigns to
comply with said term.; or conditions within thirty days
thereafter."
Plaintiff railroad is the legal successor in interest
and assignee of all the rights and props tics of the
Burlington, Cedar Rapids t. Northern Railway Company.
Ordinance no. 340 was never repealed. Plaintiff owned
railroad tracks traversing South Market Square and used
those tracks.
On June 3, 1937, John Nash, a wholesale grocer,
leased from the railroad about 52 feet or. the eastern-
most usable nor.tion of South Markol: Sguarc. rh.is
leasing :is hcrei.naftor rororrorl to as lit(! ra i lrur!d-Ilnrh
lease. The lease provid(!r.) that thc• Ier!:u•!I I,rrmi;;r!; wr.•!e
to bo to;cd ezcl.0 s.ivol y r!:; a l oca 1. ion far n w.0 r•lit it:
:+•
for who.l.CS;jlo grocorie:;. Thr. city rule i nc•d I.hc• r.! i 1 rnrnl
that it: ownc•1 Lhc: proi,c:rty, no r,n /u!clu:;L 27, .l!)37, a
lease was enterer] into butwcen the cdLv and Wish,
hereinafter referred to as the city -Nash least:. Thin
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lease .it, "for warchUUYrb pi:rposrs and lncid011taI n:ien,n
and provide:;: "Losses: ::hal l have the r.irIht to erect
the nccc.vsary buildings I:o use for warehouse purposes
and incidental uses and ::hall have the right to remove
the same whcnovcr this lease is finally terminated."
The ..cane also granLr, to the lessee an option to renew
the ].cage for an additionnl 25 years upon the same terms
and conditions at tho expiration of the initial 25 -year
period provided for in the lease.
Nash built and operated a grocery warehouse on
the premises he leasod. Ile paid $50 a year rent, but
he testified that he does not recall whether he paid
the rent to the city or to the railroad.
In 1946 the city and the trustees of the railroad
entored into an agreement providing for the division of
South Market- Snuare between the par. ties by exchange o£
quitclaim deeds to the east and west halves thereof.,
and pursuant to that agreement the railroad convoyed by
quitclaim deed to the city the west 160 fool. of South
Market Square and the city conveyed by qui.L•claim dead
to the railroad the east. 160 feet of South Market Square.
Shortly thereafter, the city assigned to Cho railroad
its interest as lessor under the ci.ty-Nash .ease.
In 1961 Nash assigned to L'Ljon, Inc., h.ir.. .i.ntrrest
as lost;vv under the city -Mash tease. The nn::.icinment
rc:ciL(.t: that Nash wou.ld crrr.c.i;:c the -year ronowal
option, and this apparentAy was done. From 1965 to
Septembor. 1., 1973, the warehouse building on Hint leaned
premises was subleased to Lho United States post Oifico.
In 1968 the city took possession of the east half
of South Market Square (except the warehouse building)
and has retained possession continuously to the present.
This possession by the city has nr_ver been acquiesced
in by the railroad. The city used the property for
parking.
In November. of 1.973 Nash and Eljon, Inc.,assigncd
to the city the lessee's interest .in the city -Nash lease.
In the summer of 1974, the city tore down the ware-
house building.
Since taking possession of the cast: half of South
Market Square, the city has removed therefrom railroad
tracks and ties, paved a substanti.al portion thereof
with asphalt, and installed parking motors.
Under date of Octoher 29, 1975, the railroad notified
the city that it cons.idcrecl the city to he .in dofau.lt on
the city -Nash lease and til%lt tho lease would he canrol.led
within ten clays from the mailinct of the letter. Under
date of January 1.7., 1976, the railroad wrote to the. city
roiterat.inq that: tile. leasehold .interest. of the city was
terminated as of November 8, 1975,.reciting the land's
development• as a municipal parking lot, a use .incon-
s.ister:t with the original .lease tonins, and reciting
"radical changes made to Lho nr000rty without the con-
sent of the Rork Island Railrorid."
This lawsuit war; romme:nccil Octobar. 1.0, 1974.
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lease .it, "for warchUUYrb pi:rposrs and lncid011taI n:ien,n
and provide:;: "Losses: ::hal l have the r.irIht to erect
the nccc.vsary buildings I:o use for warehouse purposes
and incidental uses and ::hall have the right to remove
the same whcnovcr this lease is finally terminated."
The ..cane also granLr, to the lessee an option to renew
the ].cage for an additionnl 25 years upon the same terms
and conditions at tho expiration of the initial 25 -year
period provided for in the lease.
Nash built and operated a grocery warehouse on
the premises he leasod. Ile paid $50 a year rent, but
he testified that he does not recall whether he paid
the rent to the city or to the railroad.
In 1946 the city and the trustees of the railroad
entored into an agreement providing for the division of
South Market- Snuare between the par. ties by exchange o£
quitclaim deeds to the east and west halves thereof.,
and pursuant to that agreement the railroad convoyed by
quitclaim deed to the city the west 160 fool. of South
Market Square and the city conveyed by qui.L•claim dead
to the railroad the east. 160 feet of South Market Square.
Shortly thereafter, the city assigned to Cho railroad
its interest as lessor under the ci.ty-Nash .ease.
In 1961 Nash assigned to L'Ljon, Inc., h.ir.. .i.ntrrest
as lost;vv under the city -Mash tease. The nn::.icinment
rc:ciL(.t: that Nash wou.ld crrr.c.i;:c the -year ronowal
option, and this apparentAy was done. From 1965 to
Septembor. 1., 1973, the warehouse building on Hint leaned
premises was subleased to Lho United States post Oifico.
In 1968 the city took possession of the east half
of South Market Square (except the warehouse building)
and has retained possession continuously to the present.
This possession by the city has nr_ver been acquiesced
in by the railroad. The city used the property for
parking.
In November. of 1.973 Nash and Eljon, Inc.,assigncd
to the city the lessee's interest .in the city -Nash lease.
In the summer of 1974, the city tore down the ware-
house building.
Since taking possession of the cast: half of South
Market Square, the city has removed therefrom railroad
tracks and ties, paved a substanti.al portion thereof
with asphalt, and installed parking motors.
Under date of Octoher 29, 1975, the railroad notified
the city that it cons.idcrecl the city to he .in dofau.lt on
the city -Nash lease and til%lt tho lease would he canrol.led
within ten clays from the mailinct of the letter. Under
date of January 1.7., 1976, the railroad wrote to the. city
roiterat.inq that: tile. leasehold .interest. of the city was
terminated as of November 8, 1975,.reciting the land's
development• as a municipal parking lot, a use .incon-
s.ister:t with the original .lease tonins, and reciting
"radical changes made to Lho nr000rty without the con-
sent of the Rork Island Railrorid."
This lawsuit war; romme:nccil Octobar. 1.0, 1974.
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The trial court found for the railroad, and upheld its
title to the east half of the square and As casement on the
west half where its tracks had run. The city was found to he
the lessee under the city -Nash lease under its assignment from
Nash and Eljon, Inc., but the lease was held terminated on
November. 10, 1975. The railroad was awarded immediate possession
of the entire east half of the square. Damages were allowed for
use of that area, less the leasehold, from October 10, 1969, to
November 10, 1975, and for use of the whole east half of the
square from November 1.0, 1975, to October 31, 1978, the date of
the judgment.
The damages, computed according to the property's fair
rental value, amounted to $.1.07,1.06.1.0, plus statutory intor.cst
and costs. The city was found justified in removing the ware-
house. The trial court• found that the railroad failed to prove
any damages resulted from the removal of the tracks. Also,
although the city's affirmative defenses were refused, it was
allowed a setoff of $23,000 for its permanent improvement to the
lot.
I. We should first review the trial court's conclusion
that the city -Nash lease was valid and subsisting until November
10, 1975. This ruling is challenged by Che railroad on cross-
appeal. The railroad argues that in 1937, when the city -Nash
lease was executed, the railroad held the sole possessory i.nteres
in the property because of ordinance 340. Hence, the railroad
argues, the city had no power to grant the leasehold purportedly
created.
The city, in support of the trial cour.t•'s holdinrt, contends
I CEDAR RAPIDS • DES MOINES I
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that ordinance 340 convoyed to the railroad a franchise, amounting
to a mere incur.•por.oal hereditament. Because only a franchise
was granted, the argument continues, it did not amount to an
easement that: was an alienable_ interest in realty. The railroad
counters by pointing to language in ordinance 340, "granting
the right of way
It is obvious that the argument on this issue turns on the
granting authority of the city at the time ordinance 340 was ,
adopted. We agree with the trial court, and the city, that the
city, for lack of power to do so, did not grant an casement by
ordinance 340.
The ordinance was adopted long prior to the advent .in 1968
of t.ho lu%,a muni-A.-ioal hom•_ rule amonbir--mL. 1.o :a Const. amend.
XXV. Prior to that time municipalities enjoyed only such powers
as were specifically accorded them by the general assembly. The
home rule amendment reversed this principle and granted munici-
palities those powers and authorities, except for tax-lovyi.ng
authority, which were not incons•ist-cvit• with the laws of the
general. assembly. Cren.n v. City of C'ar�carir., 231 N.W.?.d 882, 885
(Iowa 1.975).
Under the law then in effect the authority of a municipality
to grant even a franchise for railroad purposos was often dis-
puted. Power to grant a franchise for railroad purposo,; in city
streets was oiigi.nal.ly not-. accorded Iowa municipalities but was
later given by statute. It took this* later express statutory
authority to make valid the grant.inq of such a franchise. 11;ta6e
u. fiai.lot2y, 1.59 Iowa 259, 202, 140 N.W. 437, 447 (1913).
In the present case it is not necoss;ary to resolve the
lue:;ti.on of whether the ciLv had authority to grant a franchise. 1.
't franchise i:: not an alienable possossor.y interest. 37 C.J.S.
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that ordinance 340 convoyed to the railroad a franchise, amounting
to a mere incur.•por.oal hereditament. Because only a franchise
was granted, the argument continues, it did not amount to an
easement that: was an alienable_ interest in realty. The railroad
counters by pointing to language in ordinance 340, "granting
the right of way
It is obvious that the argument on this issue turns on the
granting authority of the city at the time ordinance 340 was ,
adopted. We agree with the trial court, and the city, that the
city, for lack of power to do so, did not grant an casement by
ordinance 340.
The ordinance was adopted long prior to the advent .in 1968
of t.ho lu%,a muni-A.-ioal hom•_ rule amonbir--mL. 1.o :a Const. amend.
XXV. Prior to that time municipalities enjoyed only such powers
as were specifically accorded them by the general assembly. The
home rule amendment reversed this principle and granted munici-
palities those powers and authorities, except for tax-lovyi.ng
authority, which were not incons•ist-cvit• with the laws of the
general. assembly. Cren.n v. City of C'ar�carir., 231 N.W.?.d 882, 885
(Iowa 1.975).
Under the law then in effect the authority of a municipality
to grant even a franchise for railroad purposos was often dis-
puted. Power to grant a franchise for railroad purposo,; in city
streets was oiigi.nal.ly not-. accorded Iowa municipalities but was
later given by statute. It took this* later express statutory
authority to make valid the grant.inq of such a franchise. 11;ta6e
u. fiai.lot2y, 1.59 Iowa 259, 202, 140 N.W. 437, 447 (1913).
In the present case it is not necoss;ary to resolve the
lue:;ti.on of whether the ciLv had authority to grant a franchise. 1.
't franchise i:: not an alienable possossor.y interest. 37 C.J.S.
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L• 263 Chicago Rock Island
and Pacific Ry. Co. v.
City of Iowa City
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I'ranchisr.:; 5 0 at 1.52; 36 Am Jur. 2d, Franch.i:;os, § 2. In any
(-vent, the city lacked authority to grant an casement. Since
the railroad's position on this issue is anchored to the city's
authority to grant an easement and not a mere franchise, it
follows that the trial court did not err in finding that the
city -Nash lr.ase was valid and subsisting until November 10, 1975.
II. As stated, the city quitclaimed the east half of the
square to the railroad in the property division of 1946.1 The
city nevertheless took physical possession of it in 1960, and
used it for a parking lot. In connection with this use a rail-
road spur and the warehouse wore removed. The city asserts its
right to possession of this tract was bolstered in November
1973 when Nash and Eljon, Inc., assigned to it the lesseo's
interest in the city -Nash lease. The city may look to the city -
Nash lease, and not the railroad -Wash lease, because, as we
have seen, at the time the leases to Nash were made the railroad
did not have sufficient possessory interest to stand as lessor.
Under the renewal option the city -Nash lease extends to August
27, 1987.
The trial court ruled the city's right of possession as
lessee did exist but ended November 10, 1975, when the lease was
terminated by the railroad on the ground the premises were no
longer being used for warehouse purposes. The city argues on
two grounds it was error to find the lease was thus terminated.
1. In return the railroad quitclaimed Hie, went- half: of
the square to the city. Ry this deed the railroad ahandonod its
track casement over tho west hal.f. Notwi lhstand i ciq l inmi t-aticros
on the city's powers at the time, .i.L did Iiavv :;I:aCutnry ;,uL:lor.iLy
to deed th( property to the railroad. p 403.11, The Codc! 1946.
The parties do not dispute the question on appoal.
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L• 263 Chicago Rock Island
and Pacific Ry. Co. v.
City of Iowa City
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I'ranchisr.:; 5 0 at 1.52; 36 Am Jur. 2d, Franch.i:;os, § 2. In any
(-vent, the city lacked authority to grant an casement. Since
the railroad's position on this issue is anchored to the city's
authority to grant an easement and not a mere franchise, it
follows that the trial court did not err in finding that the
city -Nash lr.ase was valid and subsisting until November 10, 1975.
II. As stated, the city quitclaimed the east half of the
square to the railroad in the property division of 1946.1 The
city nevertheless took physical possession of it in 1960, and
used it for a parking lot. In connection with this use a rail-
road spur and the warehouse wore removed. The city asserts its
right to possession of this tract was bolstered in November
1973 when Nash and Eljon, Inc., assigned to it the lesseo's
interest in the city -Nash lease. The city may look to the city -
Nash lease, and not the railroad -Wash lease, because, as we
have seen, at the time the leases to Nash were made the railroad
did not have sufficient possessory interest to stand as lessor.
Under the renewal option the city -Nash lease extends to August
27, 1987.
The trial court ruled the city's right of possession as
lessee did exist but ended November 10, 1975, when the lease was
terminated by the railroad on the ground the premises were no
longer being used for warehouse purposes. The city argues on
two grounds it was error to find the lease was thus terminated.
1. In return the railroad quitclaimed Hie, went- half: of
the square to the city. Ry this deed the railroad ahandonod its
track casement over tho west hal.f. Notwi lhstand i ciq l inmi t-aticros
on the city's powers at the time, .i.L did Iiavv :;I:aCutnry ;,uL:lor.iLy
to deed th( property to the railroad. p 403.11, The Codc! 1946.
The parties do not dispute the question on appoal.
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First the city argues that the warehouse provision in the
lease was permissive and not restrictive, relying on rhambrrZain
V. Hrown, 141 Iowa 540, 546-49, 120 N.W. 334, 337-33 (1909). The
railroad insists the warchousc provision was restrictive, not
merely permissive, and that the lease could be, and was, termi-
nated when the property was no longer used for warehouse pur-
poses, relying on kraft v. Ilcich, .112 Iowa 695, 696, 84 N.W. 908
(1901). We agree with the trial court that the city can claire as
lessee under the city -Nash lease. But we disagree that the
interest was terminated on ;iovember 1.0, 1975, because the propert
was no longer used for warehouse purposes.
It is important that the city claims through the city -Nash
lease and not through the railrvacd-;.anh erase•. Both ]va::ca were
executed in 1937, nine years before the railroad acqu.irnd the
west half of the square by the exchnngo of quitclaim deeds in
1946. At that time the city, not the railroad, held the lessor's
:inter.e:t in the property.
Language in the city -Nash lease referred to the use of the
property in these words:
The said real estate has been .leased by the lessor to
lessee for warehouse purposes and incidental uses.
Lessee shall have the right to erect the necessary
buildings to use for warehouse purposes and incidental
uses and shall have the richt to remove the same when-
ever this lease is finally terminated.
It is significant that the lease here contains no words
expressly limiting the property's use to the purpose mentioned,
as in !!a; O.:;ln v. Inka,r-Urhan :-.y. Co. , 256 Iowa 1.140, 1.145, 130
N.W.2d 445, 447 (1964), ("to usu said .Land lbr clr.•r.tric railway
only"), retro the lanquane can scarcely be consi.dcrcd a cover,
to maintain a warehouse. Sere 52A C.J.S. Landlord a
ronant• c 718(a); 49 Am Jur 2d, Landlord and Tenant, h 1073.
-� - JORM MICR(?LAB
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l 2611 Chicago flock 1slond incl
pac.ir.ic Ry. Co. v. Ci.Ly
of Iowa City
The city -Nash lease contained no forfeiture provision
regarding use of the promises though, si.gnif.icantly, it did for
nonpayment of rent.
We agree with Lhe city that the city-tJash lease did not
tr,rminal_c on November. 1.0, 1975, by reason of cassation of the
war.chousc operation.
Ili. The city -Nash lease provided for nominal rent of $50'
annually and provided: "Failure to pay the rent promptly as
aoreed entitles lessor to cancel this lease by giving ten days'
written notice and upon cancellation .lessee shall be entitled to
a reasonable time in which to remove buildings and property from
premises." It is agreed that the city paid no rent from 1969
until i:hn r:nilrerrd sunt a notie:c of tcr.minatiem in 1976. Upon
r.cceiv.inq this: notice Che ci.Ly at rmce gendered the rent. due but
Lhu railroad ref.uscd to IcccpL it ais rental I,nyment.
The provision in this l.aase is to be contrasted with one
which provides for automatic cancellation of the lease on non-
payment of rent. Sra Vincent V. Knnor Count. Co., 255 Iowa 1L41,
11.44, 1.25 N.w.2d 608, 609 (1.964). wo think it is apparont that
the provision in the lease for ten days' notice of cancellation
for nonpayment of ront carried with .it the right of the lessee
to cure the default by tender within that ten -clay period.
51 C.J. : Landlord and Tenant S .114(2).
Since the city complied with the• loasc, or attempted to,
upon notice of cancellation there is no ent.itl.ement to cancel -
Nation.
I CEDAR RAPIDS • DES MOINES I
0
H 268 Chicago Rock Island and
Pacific Ry. Co. v. City
Iowa City
-9-
IV. The city -Nash lease entitles the city to only a part of
the cast half of South Market: Square. As to that part of the
tract not covered by the city-Nnmh lease it becomes necessary to
consider the city's claim that the railroad should be barred from
recovery by reason of. laches. We believe the trial court was
correct in rejecting this assertion.
Cencrall.,y forfeitures are not favored either in law or
equity. Lovlie v. Plumb, 250 N.W.2d 56, 63 (Iowa 1977); Collins
v. Isaacson, 261 Iowa 1236, 1242, 158 N.W.2d 14, 17-18 (1968).
Laches is an affirmative defense which must he established by
clear., convincing, and satisfactory proof. Alunei, v. Thorp ;ales
Corp., 256 N. W. 2d 900, 908 (Iowa 1977). It is available only
when delay has harmed the claimant- or caused material projudi.ce.
Pavidnon V. Van Lengen,,266 N.W.2d 436, 439 (Iowa 1.978).
There is no clear, convincing, and satisfactory proof of
laches here. The city's only construction on the site was a
parking lot. The lot was built over most of the eastern half of
the square soon after the city occupied the tract in 1968. The
record is clear that the railroad protester] whon the city
occupied the property and constructed the parking lot. The
city was not in any way damaged by the railroad's subseguont•
delay because the parking lot was already in existence. Laches
does not appear.
V. Finally, the railroad on cross-appeal asserts the trial
court erred in calculating interest on the rental damages. The
trial court assessed interest at the statutory rate rather than
the higher economic rate recommended by experts. There is no
evidence of any written agreement beL•wcen the parties with
JORM MICR�LAO
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1
!! 268 Chicago !tock Island and
T',acifiC: 17.y. C:o. v. (:i.Ly
Iowa C:it:v
-.10-
respect to int:eraat, just as in 01hnrding Conat. Co., Tnn. v.
leuden, 29.4 N.W.2d B72, 679 (Iowa 1.976). lienee the question is
controlled by srcL.ion 535.2(l)(1)), The Code 1.979. The assi.gn-
mc:nL i:: wj thoul. mor Lt.
In ::utvnary:
(li Thr, railroad has no casement or other interc:;L in the
west half of South Market Square.
(2) The: railroad owns the east half: of. South Market Square,
subject to the city's rights under the city -Nash lease.
(3) The ciL•y-Nash lease was valid and governing. IL was
not breached under either a permissive or restrictive reading
of the covenant of. use. The lease was not abandoned or terminate
for nonpziytnr,nt of.ront. Tho city mny continue .in pa:.:u:;s,ion of
the profu:r.ty under thC: city -Nash ].ea:,e unkj..l its termination.
'Phe case must he rotnandeel with instructions that Lhe trial
court determine what part of the ;107,106.10 rental award is
attributable to that part of the tract covered by the city -Nash
lease and dolete such amount from the rental award. Thereafter
the trial court is directed to enter judgment- in accordance wil:h
this opinion.
APPI RNID IN PART, RPVI?RSBD IN PART, AND RBMANDIM WITH
TNSTRUCS'IONS.
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"
f'
1
a
1
!! 268 Chicago !tock Island and
T',acifiC: 17.y. C:o. v. (:i.Ly
Iowa C:it:v
-.10-
respect to int:eraat, just as in 01hnrding Conat. Co., Tnn. v.
leuden, 29.4 N.W.2d B72, 679 (Iowa 1.976). lienee the question is
controlled by srcL.ion 535.2(l)(1)), The Code 1.979. The assi.gn-
mc:nL i:: wj thoul. mor Lt.
In ::utvnary:
(li Thr, railroad has no casement or other interc:;L in the
west half of South Market Square.
(2) The: railroad owns the east half: of. South Market Square,
subject to the city's rights under the city -Nash lease.
(3) The ciL•y-Nash lease was valid and governing. IL was
not breached under either a permissive or restrictive reading
of the covenant of. use. The lease was not abandoned or terminate
for nonpziytnr,nt of.ront. Tho city mny continue .in pa:.:u:;s,ion of
the profu:r.ty under thC: city -Nash ].ea:,e unkj..l its termination.
'Phe case must he rotnandeel with instructions that Lhe trial
court determine what part of the ;107,106.10 rental award is
attributable to that part of the tract covered by the city -Nash
lease and dolete such amount from the rental award. Thereafter
the trial court is directed to enter judgment- in accordance wil:h
this opinion.
APPI RNID IN PART, RPVI?RSBD IN PART, AND RBMANDIM WITH
TNSTRUCS'IONS.
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City of Iowa CI"'0-
MEMORANDUM
Date: February 21, 1980
To: City Council
From: Drew Shaffer, Specialist -L).5
Re: Cable TV Update
Hawkeye held a pre -construction meeting January 22, 1980, involving all of
the participants in the Iowa City cable TV construction process, including
Northwestern Bell, Iowa -Illinois Gas & Electric, and AEL (American
Electronics Laboratories). It was determined the make-ready stage would
be far enough along to start actual construction by March 4,1980. AEL is
responsible.for wiring strand and cable, installation of all hardware, and
turning on and testing the system. The March 4th date was projected based
upon AEL and ATC reaching a financial agreement by February 4 (AEL can
constructionstart the
t.
However, AELandATC have still anot rreached annagreement, ing of �Cso the Marchh a c4th
date is no longer in effect.
Public relations and complaint procedures to be utilized by AEL and
Hawkeye include use of doorhanger notifications. These will be placed on
every house door just prior to the cable construction in that area for
advance notification purposes. Also, crews will have information cards to
hand out. Complaints will first be handled by AEL construction site
manager. If not resolved by AEL then Hawkeye will attempt resolution. If
no resolution can be found the problem is referred to the Specialist.
Hawkeye plans to have their office building completed in February. The
tower and the earth station should be in place by the end of February as
well. The hub site in Currier dormitory basement is still awaiting
approval by the Board of Regents (meeting on February 20 and 21, 1980).
Hawkeye has hired a chief engineer (Al Hood), a marketing manager (Eva
Daum), a technician (Wally Arp), an office manager (Janet Erickson), and a
community program director (Karen Kalergis).
Construction for Iowa City is in five phases with an .additional
underground phase. Phase I is north of Burlington, west of Governor
Street, east of the river and south of Interstate 80. Phase II is
southeast Iowa City in the area of Hawkeye's office building. Phase III
is the rest of eastern Iowa City. Phase IV is in Manville Heights area.
Phase V is west and southwest Iowa City. The underground phase (labeled
Phase VIII by Hawkeye) is an ongoing phase. Most underground plant will
be completed during the summer months (as much as 15 of the total 20
underground miles in Iowa City).
The maps outlining each specific phase for construction purposes in Iowa
City are being designed by ATC's own staff in Denver. These maps are not
completed. Blough suggested he would have final maps for Phases I and II
soon. The projections Hawkeye has given anyone in the past pertaining to
the length of time it takes to construct any or all phases of Iowa City,
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have been based on AEL's (the turnkey manufacturer ATC is attempting to
reach final financial agreement with) statements that they could complete
20 miles of the system per month. Since there is a total of about 137
miles to be completed in Iowa City, the projected time to complete the
Iowa City system was said to be (by AEL and then by Hawkeye) about six or
seven months.
The 20 mile per month figure quoted above is a better than average figure.
Mileage may vary from five to 30 miles per month depending upon
unforeseeable conditions (weather, labor strikes, proofing the system,
etc.). Proofing of the system (testing the performance of the system
itself) is an extremely important factor in determining the rate of
completion of any system. ATC will proof each phase of the Iowa City
system and will not accept any phase until it has satisfactorily passed
the proofing test. Proofing generally takes almost as long as the actual
construction. If a part of a system proves to be dysfunctional, AEL must
go back and rebuild that part. The first phase of construction usually
takes the longest to build and proof (because it includes all major
components of the system, such as the hub site, major feedlines from the
tower and earth station, and in Iowa City's case Phase I includes a
densely populated area).
II
j
Hawkeye requested a deadline extension at the Broadband
Telecommunications Commission meeting on February 12, 1980. Hawkeye is
I
requesting 120 days extension past the April 18, 1980 system activation
$
deadline. The BTC has set a special meeting to consider this extension
request on February 26. The BTC will make recommendations to City Council
s
within 60 days of receipt of the extension request. The City Council has
{
the discretion to grant or not to grant extensions considering any of the
following circumstances which may be beyond Hawkeye's control:
a. necessary utility rearrangements, pole changeout or obtainment of
{
easement right;
1
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b. government or regulatory restrictions;
C. labor strikes;
d. lockouts;
i1
e. war;
f. national emergencies;
g. fire;
h. Acts of God.
I 1
The City legal staff has ruled that the ordinance requires system
activation (where 25 percent potential hookup is required) by April 18,
1980. A stipulation was found in the ordinance stating the deadline is in
effect one year from when written acceptance is received from the Grantee.
April 18, 1979 is the date such written acceptance was received by the
City from ATC.
The Specialist has given presentations to City department heads involving
possible uses of the City Government Access Channel. Individual depart-
i
ments are now being approached. The recreation, police and fire
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departments have each been approached. Each has a trained U of Iowa
intern handpicked by the Specialist to assist them in developing City
government channel uses and programs. Twenty-five organizations in Iowa
x City have been contacted about the Public Access Channel uses.
Educational and Public Library Access Channel presentations have also
y been made. The Specialist has written a grant proposal to NTIA (National
Telecommunications Information Administration) for additional access
production equipment (only two portable production units will be �.
v available from Hawkeye and it is projected several more will be needed).
The Specialist, BTC and Hawkeye have been in negotiation meetings on the
Public Access Channel Rules and Access Funding Policies (how to disburse
$10,000 offered by Hawkeye for access programming purposes). Final
agreements should be reached within one month. Government Access Channel
Rules will be formulated next.
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departments have each been approached. Each has a trained U of Iowa
intern handpicked by the Specialist to assist them in developing City
government channel uses and programs. Twenty-five organizations in Iowa
x City have been contacted about the Public Access Channel uses.
Educational and Public Library Access Channel presentations have also
y been made. The Specialist has written a grant proposal to NTIA (National
Telecommunications Information Administration) for additional access
production equipment (only two portable production units will be �.
v available from Hawkeye and it is projected several more will be needed).
The Specialist, BTC and Hawkeye have been in negotiation meetings on the
Public Access Channel Rules and Access Funding Policies (how to disburse
$10,000 offered by Hawkeye for access programming purposes). Final
agreements should be reached within one month. Government Access Channel
Rules will be formulated next.
bdw2/17-19
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''1 (0-11,
City of Iowa City
MEMORANDUM
DATEI February 11, 1980
TO: Neal Berlin, City Manager
FROM: Harvey D. Miller, Police Chief 14�
RE: Review of Materials Received from the Iowa Crime Commission
At your request I have reviewed
1. Federal Register; Part V, entitled Department of
Justice, Law Enforcement Assistance Administration;
or�mula Grants o�rim nal E Juvenile Jus— 1g...
2*.
2". Sections 401 - 402 - 403 - 405, Part D; entitled
Formula Grants of the Omnibus Crime Control Act of 1968,
as amended; and
3. A letter dated January 29, 1980, from David H. White,
Police Coordinator, Iowa Crime Commission, Des Moines,
received by your office on February 1, 1980.
The reading and analysis of the items listed above lead me
to believe that the letter from WHITE succinctly summarizes
the options available to Iowa City and Johnson County as
these governments look toward the formulation of an entitle-
ment jurisdiction. Briefly, the criteria for establishing
an entitlement jurisdiction are:
1. A total population of at least one hundred thousand
persons and
2. A potential share of the state's.formula award of at
least $50,000 and
3. An aggregate expenditure for criminal justice purposes
by the unit (or units) of government equal to or greater
than fifteen one-hundreths of one percent of the state's
total criminal justice expenditures.
(I have underlined what I believe to be the key words to
be considered. Quite clearly, sorting out a single criterion
to justify the establishment of an entitlement jurisdiction
is not sufficient. All criteria must be considered in total.
Equally as obvious is that Johnson County does not meet the
criteria in whole).
It is my opinion that the probability of Johnson County
and other contiguous units of governments committed to
coordination of efforts and establishing the legal authority
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''1 (0-11,
City of Iowa City
MEMORANDUM
DATEI February 11, 1980
TO: Neal Berlin, City Manager
FROM: Harvey D. Miller, Police Chief 14�
RE: Review of Materials Received from the Iowa Crime Commission
At your request I have reviewed
1. Federal Register; Part V, entitled Department of
Justice, Law Enforcement Assistance Administration;
or�mula Grants o�rim nal E Juvenile Jus— 1g...
2*.
2". Sections 401 - 402 - 403 - 405, Part D; entitled
Formula Grants of the Omnibus Crime Control Act of 1968,
as amended; and
3. A letter dated January 29, 1980, from David H. White,
Police Coordinator, Iowa Crime Commission, Des Moines,
received by your office on February 1, 1980.
The reading and analysis of the items listed above lead me
to believe that the letter from WHITE succinctly summarizes
the options available to Iowa City and Johnson County as
these governments look toward the formulation of an entitle-
ment jurisdiction. Briefly, the criteria for establishing
an entitlement jurisdiction are:
1. A total population of at least one hundred thousand
persons and
2. A potential share of the state's.formula award of at
least $50,000 and
3. An aggregate expenditure for criminal justice purposes
by the unit (or units) of government equal to or greater
than fifteen one-hundreths of one percent of the state's
total criminal justice expenditures.
(I have underlined what I believe to be the key words to
be considered. Quite clearly, sorting out a single criterion
to justify the establishment of an entitlement jurisdiction
is not sufficient. All criteria must be considered in total.
Equally as obvious is that Johnson County does not meet the
criteria in whole).
It is my opinion that the probability of Johnson County
and other contiguous units of governments committed to
coordination of efforts and establishing the legal authority
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to receive and administer funds through some combination of
units i.s quite remote. Thus, option 1, suggested by WHITE,
entitled 'independent Entitlement Jurisdiction; and option 4
entitled Judicial District Entitlement are—inappropriate as
as these opt—ions pertain to Johnson County. Option 2, entitled
Area Crime Commission Entitlement has been rejected as appro-
p it ate by the Johnson County R g nal Planning Commission.
Thus, it appears to me that option 3 entitled General Purpose
Regional Planning Jurisdiction is the only avenue that can be
pursued if the Area Crime ommission is not accepted.
Option 3 allows eligible'councils of government groups to become
entitlement jurisdictions with the approval of their participat-
ing governments. It seems to me that our C 0 G would have to
employ or have available criminal justice planners who could attend
to the administrative details encumbent upon the entitlement
jurisdiction. However, this is my opinion only and may not
reflect the reality of the requirements of the Act itself.
In summary, the C 0 G approach suggested in WHITE's letter
(option 3) appears to be the most satisfactory approach if EIACC
is not considered as the most appropriate method to establish
an entitlement jurisdiction.
I would suggest that David White's letter be made available
to Council. It explains the available option well and completely.
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' IOWA
CRIME
.0OW
January 29, 1980
HHood u. /*Iy
rirwomw
SWIe ( .1pdul • Dc-, Mumu•., Iowa 50,319 • Phone 515.2813241
Dear Mayor:
In correspondence dated January 25 to your organizattnn, we offered to
provide a summary of options available for units of government in
participation'..in.the new Justice System Improvement Act.
Through my oversight that information was not included in your packet.
I hope the information now enclosed will prove helpful to you.
Sincerely yours,
J
David H. White
Policy Coordinator
DH;I:dhw:mjp
Enclosure
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CRIME
.0OW
January 29, 1980
HHood u. /*Iy
rirwomw
SWIe ( .1pdul • Dc-, Mumu•., Iowa 50,319 • Phone 515.2813241
Dear Mayor:
In correspondence dated January 25 to your organizattnn, we offered to
provide a summary of options available for units of government in
participation'..in.the new Justice System Improvement Act.
Through my oversight that information was not included in your packet.
I hope the information now enclosed will prove helpful to you.
Sincerely yours,
J
David H. White
Policy Coordinator
DH;I:dhw:mjp
Enclosure
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options for criminal justice planning, administration and programming at the
local government level.
What follows is a summary of the major courses that units of government or
combinations can choose in their participation in the Justice System
Improvement Act. These courses can be described within two basic contexts:
"Entitlement" and "Non -entitlement" responses.
ENTITLEMENT OPTIONS
The term "entitlement" relates to section 402 of the Justice System
Improvement Act and is described in section 31.102 of the proposed rules
published in the Federal Register of January 14, 1980. If a unit of
general local government or combinations thereof meet three basic
criteria, such units can become eligible for a specific portion of funds
appropriated to the state by LEAA. The criteria are:
1. A total population of at least one hundred thousand persons and
2. A potential share of the state's formula award of at least fifty
thousand dollars and
3. An aggregate expenditure for criminal justice purposes by the
unit (or units) of government equal to or greater than fifteen
one hundredths of one percent of the state's total criminal
justice expenditures.
Additional criteria are put forth for multiple units of government which
define circumstances under which they may become entitlements. These
requirements are:
1. Units must be contiguous.
2. They must be committed to coordination of efforts.
3. They must have a legal authority to receive anti administer funds.
In Iowa there are four workable options for "entitlement" structure.
The options are presented as consideration and are not intended to
preclude other choices.
Option 1 - Independent entitlement jurisdiction.
A single unit of government or a group of units of government, having
weighed the administrative requirements and benefits, chooses to deal
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directly with the Iowa Criminal Justice Council in development and
submission of its application. The Entitlement thus formed would have
no other purpose than those promulgated pursuant to the Justice System
Improvement Act or regulations developed by the slate. This type
of entitlement would be must applicablo Lo those (.1tion And counties
having large populations coupled with those affiliate communities
which share an affinity for the problems confronting an area.
Option 2 - Area Crime Commission Entitlement
Here an existing area crime commission would reach a cooperative
agreement among the member units of government and would enter into
entitlement status in a manner similar to a multi -jurisdiction
entitlement. The geography of such a jurisdiction would be equal
'to or greater than that presently circumscribed by area crime
commissions.
Option 3 - General Purpose Regional Planning Jurisdiction
This option allows otherwise eligible council of governments groups
(COG) to become entitlements with the assent of their participating
governments. The geography would be parallel to the sixteen'regional
planning groups and the administration of all matters would be
vested in the COG.
Option 4 - Judicial District Entitlement
While less apparent than the previous three, this option embraces a
geographic area which incorporates a consistency of judicial and
correctional administrative philosophy. The effective implementation
of such a structure would once again require the assent of the
general purpose governments within the boundaries of the judicial
district.
NON -ENTITLEMENT OPTIONS
Non -entitlement options are broadly deri.ned in the fucicral legislation
and guidelines as "balance of the state" jurisdictions. The administrative
responsibility for such areas is vested in the state Criminal Justice
Council or its designees. Units of government which would fit "balance
of the state" criteria are those which choose not to become entitlements
or those which are unable to meet the minimum criteria for such organization.
There are an infinite number of variations upon a "balance of the state"
theme. Normal circumstances would dictate two basic options for
consideration.
Option 1 - Area Crime Commissions
Guidelines and the federal legislation allow for units of government
to choose to maintain the existing area crime commission service system.
(Justice System Imrpovement Act, Sec. -1301 (J) ; Federal Regi.^.ter,
January 14, 1980, section 31.102/ 3 /iii/.) Under such an arrangement
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directly with the Iowa Criminal Justice Council in development and
submission of its application. The Entitlement thus formed would have
no other purpose than those promulgated pursuant to the Justice System
Improvement Act or regulations developed by the slate. This type
of entitlement would be must applicablo Lo those (.1tion And counties
having large populations coupled with those affiliate communities
which share an affinity for the problems confronting an area.
Option 2 - Area Crime Commission Entitlement
Here an existing area crime commission would reach a cooperative
agreement among the member units of government and would enter into
entitlement status in a manner similar to a multi -jurisdiction
entitlement. The geography of such a jurisdiction would be equal
'to or greater than that presently circumscribed by area crime
commissions.
Option 3 - General Purpose Regional Planning Jurisdiction
This option allows otherwise eligible council of governments groups
(COG) to become entitlements with the assent of their participating
governments. The geography would be parallel to the sixteen'regional
planning groups and the administration of all matters would be
vested in the COG.
Option 4 - Judicial District Entitlement
While less apparent than the previous three, this option embraces a
geographic area which incorporates a consistency of judicial and
correctional administrative philosophy. The effective implementation
of such a structure would once again require the assent of the
general purpose governments within the boundaries of the judicial
district.
NON -ENTITLEMENT OPTIONS
Non -entitlement options are broadly deri.ned in the fucicral legislation
and guidelines as "balance of the state" jurisdictions. The administrative
responsibility for such areas is vested in the state Criminal Justice
Council or its designees. Units of government which would fit "balance
of the state" criteria are those which choose not to become entitlements
or those which are unable to meet the minimum criteria for such organization.
There are an infinite number of variations upon a "balance of the state"
theme. Normal circumstances would dictate two basic options for
consideration.
Option 1 - Area Crime Commissions
Guidelines and the federal legislation allow for units of government
to choose to maintain the existing area crime commission service system.
(Justice System Imrpovement Act, Sec. -1301 (J) ; Federal Regi.^.ter,
January 14, 1980, section 31.102/ 3 /iii/.) Under such an arrangement
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the participating governments would continue delegation of authority
to a "Chapter 2813" group who would employ staff to represent the
interests of the local governments and attend to the administrative
details. The relationship with the state criminal justice council
would be basically unchanged except that the level of independence
and discretion afforded such area crime commissions would be more
greatly enhanced (Federal Register January 14, 1980, section 31.102
3 /Lij/ re "mini -block provisions").
option 2 - Balance of state independence
Individual unite of government could choose to deal directly with
the state independent of entitlement status or membership in an
area crime commission. While clearly an option envisioned by the
federal law, the administrative realities of this option would place
a burden upon the capacity of the state to assist such units.
Consequently, standards of capability and rules of procedure would
have to be developed to govern such relationships. This option
would most likely be considered by larger jurisdictions which are
not entitlement -eligible but still wish to act independently.
The reader, in deciding upon the options provided or in formulating
others, is asked to study the following key section of the guidelines
and legislation to better understand the obligations and benefits inherent
in the choice.
Justice System Improvement Act
Section 402(a) Eligibility
Section 402(c) Entitlement application
Section 403(a) Application requirements
Section 405 Allocation process
Federal Register (guidelines)
Section 31.102 Entitlements
Section 31.103 Balance of State
Section 31.204 Purpose of funds
Section 31.205 Limitation of fund use
Section 31.300 Application content
Section 31.501 Assumption of costs
Section 31.502 Adequate share
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^City of Iowa Cit".
MEMORANDUM
DATE: February 20, 1980
TO: Neal Berlin, City Manager
City Council
FROM: Lyle G. Seydel, Housing Coordinator y�—
RE` Update on status of Housing Allocation and Public Housing
1. The Housing Allocation Plan previously provided has been changed.
This plan was the basis for the staff and the Housing Commission's
recommendation to seek 25 additional units of Section 8 Existing.
While not yet distributed in writing, the following is the revised
allocation plan for Southeast Non -Metro Area:
Public Housing 0 Elderly 50 Family
Moderate Rehab Sec. 8 51 Elderly 13 Family
202/Section 8 New 62 Elderly
FmHA/Section 8 New 70 Elderly 40 Family
Based on the above allocation, it appears that the Iowa City Housing
Authority will not obtain additional -units this coming year.
2. The Public Housing program has received another set back. The site
presently owned by Merrill Johnson will not be appraised at the value
he is requesting (i.e. $55,000). This leaves two alternatives concern-
ing this site for eight units: 1) delete from package, or 2) the Iowa
City Housing Authority pay the difference. between HUD appraisal -and the
asking -price. - Money -obtained -=from -.the -sale -of the city -owned sites
'. might-be'utilized for this purpose.
I recommend that the site be deleted from the packet and that we advertise
as soon as possible. Failure-to*_receive adequate -proposals -might -mean we -
should -scrub the whole.program.. -.
LGS/cf
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^City of Iowa Cit".
MEMORANDUM
DATE: February 20, 1980
TO: Neal Berlin, City Manager
City Council
FROM: Lyle G. Seydel, Housing Coordinator y�—
RE` Update on status of Housing Allocation and Public Housing
1. The Housing Allocation Plan previously provided has been changed.
This plan was the basis for the staff and the Housing Commission's
recommendation to seek 25 additional units of Section 8 Existing.
While not yet distributed in writing, the following is the revised
allocation plan for Southeast Non -Metro Area:
Public Housing 0 Elderly 50 Family
Moderate Rehab Sec. 8 51 Elderly 13 Family
202/Section 8 New 62 Elderly
FmHA/Section 8 New 70 Elderly 40 Family
Based on the above allocation, it appears that the Iowa City Housing
Authority will not obtain additional -units this coming year.
2. The Public Housing program has received another set back. The site
presently owned by Merrill Johnson will not be appraised at the value
he is requesting (i.e. $55,000). This leaves two alternatives concern-
ing this site for eight units: 1) delete from package, or 2) the Iowa
City Housing Authority pay the difference. between HUD appraisal -and the
asking -price. - Money -obtained -=from -.the -sale -of the city -owned sites
'. might-be'utilized for this purpose.
I recommend that the site be deleted from the packet and that we advertise
as soon as possible. Failure-to*_receive adequate -proposals -might -mean we -
should -scrub the whole.program.. -.
LGS/cf
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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^City of Iowa Cit".
MEMORANDUM
DATE: February 20, 1980
TO: Neal Berlin, City Manager
City Council
FROM: Lyle G. Seydel, Housing Coordinator y�—
RE` Update on status of Housing Allocation and Public Housing
1. The Housing Allocation Plan previously provided has been changed.
This plan was the basis for the staff and the Housing Commission's
recommendation to seek 25 additional units of Section 8 Existing.
While not yet distributed in writing, the following is the revised
allocation plan for Southeast Non -Metro Area:
Public Housing 0 Elderly 50 Family
Moderate Rehab Sec. 8 51 Elderly 13 Family
202/Section 8 New 62 Elderly
FmHA/Section 8 New 70 Elderly 40 Family
Based on the above allocation, it appears that the Iowa City Housing
Authority will not obtain additional -units this coming year.
2. The Public Housing program has received another set back. The site
presently owned by Merrill Johnson will not be appraised at the value
he is requesting (i.e. $55,000). This leaves two alternatives concern-
ing this site for eight units: 1) delete from package, or 2) the Iowa
City Housing Authority pay the difference. between HUD appraisal -and the
asking -price. - Money -obtained -=from -.the -sale -of the city -owned sites
'. might-be'utilized for this purpose.
I recommend that the site be deleted from the packet and that we advertise
as soon as possible. Failure-to*_receive adequate -proposals -might -mean we -
should -scrub the whole.program.. -.
LGS/cf
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CEDAR RAPIDS • DES MOINES
MANAGEMENT BY OBJECTIVES
I DEPARTMENT: PLANNING AND PROGRAM DEVELOPMENT
QUARTER: SECOND FY80
DECISION UNIT: ADMINISTRATION
Fiscal Year Objectives:
1. To facilitate the completion of the Iowa City Senior Center (January, 1980).
2. To enable all decision units within the department to meet their objectives
as enumerated in their decision packages (throughout the year).
3. To forster a higher level of supervisory and administrative performance by all
division heads (throughout the year).
4. To identify and obtain additional federal and state funding (to meet federal
and stated mandated deadlines).
5. To ensure that all federal programs and requirements are met in a timely
manner.
6. To provide for the effective implementation of the Comprehensive Plan by
fostering the adoption of a new zoning ordinance (July 1979); new subdivision
regulations (December 1979).
7. To promote the coordination of federal and state programs by initating
quarterly meetings with department and division heads who are participating
in these types of programs (October, January, April and July).
B. To efficiently prepare research and background reports and analyses for
various ad hoc projects as assigned by the City Manager or as requested by
boards, commissions, or the City Council (within reasonably prescribed
timeframes).
9. To coordinate plans and policies with contiguous local units of government
(throughout the year).
Work Completed:
1. Endividual decision units describe which fiscal year objectives have been met.
2. Division head supervisory performance has not been specifically targeted for
action during the first quarter of the fiscal year. As of the end of the
quarter, one of the division head positions (Development Programs Coordinator)
remains vacant.
3. The new zoning ordinance will not be adopted in July of 1979 nor will the new
subdivision regulations be adopted by December, 1979. The zoning ordinance
review by the Planning and Zoning Commission is scheduled to be completed by
the end of the next quarter and it is anticipated that the City Council will
adopt the ordinance by the end of the 1980 fiscal year. Action on the new
Subdivision Ordinance is approximately six months behind action on the Zoning
Ordinance.
4. Research and other ad hoc reports are periodically prepared by the staff for
boards, commissions, -the City Council and the City Manager.
5. The Planning staff meets frequently with representatives of other governmental
entities and the University of Iowa.
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: PLANNING AND PROGRAM DEVELOPMENT
DECISION UNIT: PLAN ADMINISTRATIONQUARTER: SECOND FYBO
Fiscal Year Objectives:
1. To review, analyze and prepare recommendations on all applications submitted
for rezoning, subdivision, site plan and variance approval making a determina-
tion whether development proposals complement or conflict with the Compre-
hensive Plan.
2. To monitor development activities including: (a) advising developers of the
impact a development may have upon the Comprehensive Plan; and (b) main-
taining a current data base with which to amend the Comprehensive Plan to
reflect a change in trends and conditions.
3. To prepare appropriate amendments to the Comprehensive Plan and implementa-
tion ordinances to reflect any changes in the City Council's development
Policies with respect to new developments or a misunderstanding of the
implications of the Plan upon adoption.
4. To develop plans and policies at a micro -level.
Work Completed:
All applications submitted have been reviewed on a timely basis as submitted.
This activity is an ongoing function of this decision unit. A new zoning
ordinance is nearing completion of review by the Planning and Zoning Commission
and will be completed in the fourth quarter for review and final adoption by
Council. In addition, several zoning ordinance amendments have been prepared and
adopted, which are consistent with the Council's development policies, including
changes in sign regulations and the tree regulations. A micro -analysis of the
"North Side", particularly in reference to the location, function, and utility of
Foster Road and First Avenue was completed and referred to the.Commission for
consideration. Other -studies -which have commenced include an annexation study
which will address the physical, environmental and fiscal impacts of annexation,
an implementation plan for the "near North Side," and on analysis of the "near
South Side."
Analysis:
Subdivision plat submissions, rezoning applications, Large Scale Residential and
Non -Residential Development plans have been reviewed to determine whether. pro-
posed developments are consistent with the Comprehensive Plan and ordinance
requirements. This review and processing has been done in a timely manner.
The Senior Planner of this decision unit was appointed as the Acting Director
of the Department°and results in less staff support to this divisions activities.
A reduced work program may be required as an alternative to filling the vacant
position. Future work activities will involve the development of new subdivision
regulations and the micro -analyses of problem areas and developing areas of the
community.
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MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
MANAGEMENT BY OBJECTIVES
DEPARTMENT: PLANNING AND PROGRAM DEVELOPMENT
QUARTER: SECOND FY80
DECISION UNIT: DEVELOPMENT PROGRAMS
Fiscal Year Objectives:
ACTIVITY OBJECTIVES:
1. a. Insure full compliance with all redevelopment contracts.
b. Complete the Block 83 Parking Ramp by October 15, 1979.
c. Complete the Phase II streetscape project by December 1, 1979.
d. Complete the Block 64 Parking Ramp by May 1, 1980.
e. Lease at least 50% of the available City Plaza space by June 30, 1980.
2. Carry out the Economic Development Program on the schedule adopted by the City
Council in FY79.
3. a. Complete all CIP evaluations by November 1, 1979.
b. Identify optimal sources of funding for all capital projects.
4. Carry out all land acquisitions/disposition activity in accordance with the
schedule established for each project.
Work Completed and Analysis:
A. Downtown Redevelopment:
I. Construction activity in the downtown has continued at a rapid rate in
the first quarter. The following is a review of the.status of private
redevelopment projects:
a. Under Contract: All parcels except Parcel 64-1 are under contract.
b. Design Review: All private sector design reviews have been completed
except for revisions as necessary and for Parcel 64-1.
c. Conveyances: All urban renewal property has been conveyed except
Parcel 82-b (North Bay) and Parcel 64-1.
d. Changes: North Bay Construction, Inc. has requested and received a
six month extension of time, until June 25,.1980, to conclude its
purchase of Parcel 82-1b.
e. Construction Start:. Construction has begun Sn nine parcels. Con-
struction on the two remaining parcels is expected as follows:
64-1 Expected in Fall, 1980, or Spring, 1981'.
82-1b Expected in Summer, 1980.
f. Construction Completion: The following construction has been
completed:
81-1 Hawkeye Barber Stylist
82-1a College Block Building
93-1/101-2 Pentacrest Garden Apartments
93-3 Breese
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I: 4;
MANAGEMENT BY OBJECTIVES
DEPARTMENT: PLANNING AND PROGRAM DEVELOPMENT
QUARTER: SECOND FY80
DECISION UNIT: DEVELOPMENT PROGRAMS
Fiscal Year Objectives:
ACTIVITY OBJECTIVES:
1. a. Insure full compliance with all redevelopment contracts.
b. Complete the Block 83 Parking Ramp by October 15, 1979.
c. Complete the Phase II streetscape project by December 1, 1979.
d. Complete the Block 64 Parking Ramp by May 1, 1980.
e. Lease at least 50% of the available City Plaza space by June 30, 1980.
2. Carry out the Economic Development Program on the schedule adopted by the City
Council in FY79.
3. a. Complete all CIP evaluations by November 1, 1979.
b. Identify optimal sources of funding for all capital projects.
4. Carry out all land acquisitions/disposition activity in accordance with the
schedule established for each project.
Work Completed and Analysis:
A. Downtown Redevelopment:
I. Construction activity in the downtown has continued at a rapid rate in
the first quarter. The following is a review of the.status of private
redevelopment projects:
a. Under Contract: All parcels except Parcel 64-1 are under contract.
b. Design Review: All private sector design reviews have been completed
except for revisions as necessary and for Parcel 64-1.
c. Conveyances: All urban renewal property has been conveyed except
Parcel 82-b (North Bay) and Parcel 64-1.
d. Changes: North Bay Construction, Inc. has requested and received a
six month extension of time, until June 25,.1980, to conclude its
purchase of Parcel 82-1b.
e. Construction Start:. Construction has begun Sn nine parcels. Con-
struction on the two remaining parcels is expected as follows:
64-1 Expected in Fall, 1980, or Spring, 1981'.
82-1b Expected in Summer, 1980.
f. Construction Completion: The following construction has been
completed:
81-1 Hawkeye Barber Stylist
82-1a College Block Building
93-1/101-2 Pentacrest Garden Apartments
93-3 Breese
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102-1 Mod Pod
The other six parcels are expected to be completed as follows:
64-1 Spring, 1982 (hotel).
82-10 Fall, 1980 (North Bay)
83-84 Fall, 1980 (Old Capitol Center)
101-1 February, 1980 (Perpetual)
102-3,4 Summer, -11980 (First Federal)
103-3 Spring, 1980 (Capitol House)
g. Block 64 Hotel: Parcel 64-1 is being rebid to give prospective
developers the option of using industrial revenue bonds. The
development prospectus will be distributed in January, 1980, and
.interested developers will have until April 8, 1980, to submit pro-
posals. Selection of the preferred developer will be on or before
April 22, 1980.
II. The fmllowing.is a review of the status of public projects in the CBD:
a. City Plaza: City -Plaza -is substantially complete. Final inspection
was made in Fall, 1979. A small number of items will be finally
completed in Summer, 1980, under terms of a supplemental contract.
b. Ramp A: Completion has been delayeddue primarily to two labor
strikes. A partial opening of Ramp A occurred on November 23, 1979.
Final completion is expected in Spring, 1980.
c. Ramp B: Construction of Ramp B Began in November, 1979. Final
completion is expected in November, 1980.
d. -Streetscape.Phase II -A: -Construction-was-completed-in Fall, 1979.
e. Streetscape Phase II -B: This -project will -be bid in March, 1980, .
and construction can begin in Spring, 1980.
B. Real Property Acquisition:
I. South Gilbert Street Project: Negotiations and/or condemnation have
been underway -on all South Gilbert Street parcels. Acquisition by sales
contract and/or condemnation should be complete by March, 1980. Phys-,
ical possesion of all parcels should be taken by the City by or before
early Spring, 1980.
II. South -Branch Ralston Creek Stormwater Detention Pro'ect: Appraisals
an review appraisals have been received. Negotiations have been under-
way on all parcels.
III. New Pollution Control Plant Site: Appraisals and review appraisals
have been received. Negotiations will be underway in Winter, 1980.
C: Economic Development: The first draft of an industrial site survey has been
completed. Further work on this project and -on the economic development pro-
gram in general will proceed in 1980, if the Development Division staff
vacancies are filled.
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D. General Comments: The Development Division functions with a staff of one
person during the entire second quarter of FY80. Full strength of the
Division is supposed to be three persons. The work product of the Division
can only be•commensurate with the staff available.
Expenditures
6000
7000
8000
9000.
Total
0
Budget
$24,911.00
2,300.00
16,850.00
0.00
$44,061.00
This Quarter %YTD
$ 3,270.58 53
28.02 2
400.79 8
0.00
$ 3,699.39
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: CITY CLERK
DECISION UNIT: 1-2-3 QUARTER: SECOND FY80
UNIT OBJECTIVES:
1. To continue the administration of our office so that it is consistent
with changing laws, and to ensure prompt access to information by
continuing to maintain an up-to-date cross-reference index for all
proceedings and documents, and to preserve permanent documents.
2. Investigate and implement sound, economical management practices, being
open minded about changes, implementing time -management processes,
continuing to use word processing services when possible, continuing to
identify wasted effort and duplication. Finish the four volume Clerk's
Manual by June 1980.
3, Conduct the business of our office to merit public confidence by
providing neutrality and impartiality, with equal service to all. Use
simple, clear and concise language that can be understood by all.
4. To maintain office expenditures with only a 3% increase.
WORK COMPLETED:
1. We have complied with legal regulations re publishing and notification.
All four employees worked on record retrieval, because of the high
demand. We are also getting many more requests to listen to tapes of
Council meetings. Three new employees are progressing satisfactorily,
and we are up-to-date on indexing.
2. Because of part-time employee, several work items were finally
completed. The contents of 300 Municipal Codes were removed from the
regular binders and inserted in the expandable binders. Then the regular
binders were shipped back to the codifiers. Supplement N2 was received
and distributed.
Records for 1978 calendar year were readied for microfilming. Council
election procedures required extra hours of work. Budget and goals and
objectives were presented. All urban renewal contracts were reviewed and
discussed with Glaves before his departure, and files brought up to date.
Roof over the office was repaired, and with the one rain, we did not have
any leaks.
Expenditures Budget This Quarter %
6000 49,836 24,728 49.62
7000 1,497 799 53.37
8000 42,521 10,601 24.93
9000 - 1.141
Total 93,854 37,211 39.71
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: ACCOUNTING
FISCAL YEAR OBJECTIVES:
1. Provide sufficient training and exposure to the second back-up key
operator so that he/she is capable of keying any application when the
need arises. January, 1980.
2. Revise procedures in the Accounts Payable Function to create a more
timely payment of bills. September, 1979.
3. Increase Accounts receivable collections. June, 1980.
WORK COMPLETED:
1. Complete.
2 Discussions with various divisions have revealed several bottlenecks
in the flow of paper work. These areas are being reviewed and reforms
considered.
3. Coordination with the Assistant City Attorneys has been initiated.
Progress is apparent although several areas remain unresolved.
ANALYSIS:
Due to vacant positions and resulting transfers within the division progress
has been limited regarding objectives 2 $ 3.
Expenditures Budget This Quarter %
6000 $83,226 $43,818 52.7
7000 1,105 462 43.2
8000 48,544 23,846 49.1
9000 680 649 95.4
TOTAL $133,555 $68,775 51_5
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: ACCOUNTING
FISCAL YEAR OBJECTIVES:
1. Provide sufficient training and exposure to the second back-up key
operator so that he/she is capable of keying any application when the
need arises. January, 1980.
2. Revise procedures in the Accounts Payable Function to create a more
timely payment of bills. September, 1979.
3. Increase Accounts receivable collections. June, 1980.
WORK COMPLETED:
1. Complete.
2 Discussions with various divisions have revealed several bottlenecks
in the flow of paper work. These areas are being reviewed and reforms
considered.
3. Coordination with the Assistant City Attorneys has been initiated.
Progress is apparent although several areas remain unresolved.
ANALYSIS:
Due to vacant positions and resulting transfers within the division progress
has been limited regarding objectives 2 $ 3.
Expenditures Budget This Quarter %
6000 $83,226 $43,818 52.7
7000 1,105 462 43.2
8000 48,544 23,846 49.1
9000 680 649 95.4
TOTAL $133,555 $68,775 51_5
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CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: 2nd FY80
DECISION UNIT: FINANCE ADMINISTRATION
FiscalYear Objectives:
1. Formalize monitoring of budget versus actual on a quarterly basis
by October, 1979.
2. Make semiannual financial condition reports to Council and City
Manager by January, 1980.
3. Continue to provide risk management program of risk analysis,
insurance purchasing, and claims analysis - throughout fiscal year.
Work Completed:
1. Format has.been developed. Quarterly reports will be made to
City Manager.
2. Financial condition reports are being presented to Council in
conjunction with the FY81 budget discussions.
3. Coordination with the Safety Committee continues. The insurance
reserve will be discussed with Council during FY81 budget
discussions.
Analysis:
Finance Administration spent the majority of their time during the
quarter on the coordination and preparation of the FY81 budget discussions
with the departments and the Council.
Expenditures Budget This Quarter %
6000 160,770 31,362 19.5
7000 820 382 46.6
8000 13,725 4,380 31.9
9000 247,913 92,620 37.4
Total 423,228 128,744 30.4
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: 2nd FY80
DECISION UNIT: FINANCE ADMINISTRATION
FiscalYear Objectives:
1. Formalize monitoring of budget versus actual on a quarterly basis
by October, 1979.
2. Make semiannual financial condition reports to Council and City
Manager by January, 1980.
3. Continue to provide risk management program of risk analysis,
insurance purchasing, and claims analysis - throughout fiscal year.
Work Completed:
1. Format has.been developed. Quarterly reports will be made to
City Manager.
2. Financial condition reports are being presented to Council in
conjunction with the FY81 budget discussions.
3. Coordination with the Safety Committee continues. The insurance
reserve will be discussed with Council during FY81 budget
discussions.
Analysis:
Finance Administration spent the majority of their time during the
quarter on the coordination and preparation of the FY81 budget discussions
with the departments and the Council.
Expenditures Budget This Quarter %
6000 160,770 31,362 19.5
7000 820 382 46.6
8000 13,725 4,380 31.9
9000 247,913 92,620 37.4
Total 423,228 128,744 30.4
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: CENTRAL PROCUREMENT & SERVICES
FISCAL YEAR OBJECTIVES:
I. To analyze the new purchasing manual after a six month use period. to
determine its effectiveness and usefulness to City Staff. (July 1979)
2. To establish an asset control system utilizing the computer system to
provide a record of all fixed assets. (December 1979)
3. To study the feasibility of operating the print shop as a self-
supporting service. (June 1980)
WORK COMPLETED:
1. Draft of manual completed and reviewed by Finance Director. Redr1ft of
manual to be sent to Legal, Public Works and Planning and Program
Development in February 1980.
2. Controller had an intern surveying City wide fixed assets. Information
has not been formatted for computerization to date.
3. Information being gathered to evaluate present charges, equipment,
volumes, and potential Revenue to include operators salary into the
Print Shop operation.
ANALYSIS:
Two objectives behind schedule, but to be actively worked on in third
quarter.
Expenditures
Budget
I
i
%
6000
1
B
$ 34,905
56.1
7000
1,460
788
54.0
0
MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: CENTRAL PROCUREMENT & SERVICES
FISCAL YEAR OBJECTIVES:
I. To analyze the new purchasing manual after a six month use period. to
determine its effectiveness and usefulness to City Staff. (July 1979)
2. To establish an asset control system utilizing the computer system to
provide a record of all fixed assets. (December 1979)
3. To study the feasibility of operating the print shop as a self-
supporting service. (June 1980)
WORK COMPLETED:
1. Draft of manual completed and reviewed by Finance Director. Redr1ft of
manual to be sent to Legal, Public Works and Planning and Program
Development in February 1980.
2. Controller had an intern surveying City wide fixed assets. Information
has not been formatted for computerization to date.
3. Information being gathered to evaluate present charges, equipment,
volumes, and potential Revenue to include operators salary into the
Print Shop operation.
ANALYSIS:
Two objectives behind schedule, but to be actively worked on in third
quarter.
Expenditures
Budget
Year to Date
%
6000
$ 62,272
$ 34,905
56.1
7000
1,460
788
54.0
8000
44,150
15,549
35.2
9000
TOTAL
13 500
21,382
1 404
52,646
10.4
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MANAGEMENT BY OBJECTIVES
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DEPARTMENT: FINANCE
QUARTER: SECOND
DECISION UNIT: TREASURY
Fiscal Year Objectives:
1. To prepare and update written procedures for treasury activities to
improve understanding and communication of each employee and between
treasury employees.
2. To continue pinpointing problem areas generating inaccuracies,
complaints and ,interruptions in the banking, traffic and utility
operations.
3. Prepare an annual schedule of budgeted receipts, transfers and
expenditures by calendar month to project cash needs.
Work Completed:
1. Procedures written to implement new method for handling traffic mail
receipts.
2. Established procedure for daily deposit of ramp income. Took steps to
eliminate work duplicated by employees and utility computer system.
Computer will identify source and frequency of errors.
3. An average daily balance of uninvested funds is being compared with the
average daily checking account balance.
Analysis:
1. Traffic mail receipt change a) has reduced total mail handling time, b)
allowed for daily deposit of revenue, c) allowed a block of time so that
an additional person can be assigned filing duties and d) allowed more
flexibility so that absences and vacations create less interruptions in
the work flow.
2. Computer will provide an exception report listing incorrect information
so it can be evaluated by employeed doing the work. The billing clerk
spent approximately 30 minutes per day checking the orders and this time
can be better utilized during heavy workloads with reduced staff.
3. This provides followup for work completed last quarter and will help us
in further control of transfers from savings to checking accounts and
dates of investment maturities.
Expenditures Budget This Quarter %
6000 144,341 72,082 49.9
7000 1,610 761 47.3
8000 54,395 15,969 29.4
9000 875 651 74.4
Total $201,221 89,463 44.5
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: PARKING ENFORCEMENT
FISCAL YEAR OBJECTIVES:
1. To maintain a high level of coverage of the metered and permit
areas during FY80.
2. Analyze parking patterns to establish a policy to provide for
limits on parking to obtain the desired configuration between
short-term and long-term parking in Block 83 parking facility
during FY80.
3. To maintain the level of revenue, through enforcement, at a high
enough level to cover debt service payments during FY80.
WORK COMPLETED:
1. During the second quarter of FY80 the number of tickets issued
decreased from 22,510, FY79, to 21,506, FY80.
2. The desired configuration between short-term and long-term parking
in the Block 83 parking facility has been achieved. Approximately
two-thirds of the parkers using the facility are parking for two
hours or less and one-third of the parkers are using the facility
for periods longer than two hours.
3. Meter revenue decreased from $65,038.89, FY79 to $64,585.12, FY80.
The municipal lot was operated during the second quarter of FY80
with an increase in usage from 82,599 to 90,116, and an increase in
revenue from $24,494.01, FY79 to $28,589.64, FY80. The Block 83
parking facility was operated for one month during the second
quarter FY80 producing $4,762.98 in revenue.
ANALYSIS:
The short-term parker continues to use the municipal parking lot in the
Block 83 parking facility while the long-term parker continues to use
the outlying lots thus freeing street and lot meters in the CBD. Parking
Systems total revenue shows an increase over the first half of FY79 of
$18,083 and the municipal lot has had an increase of over 43,000 vehicles
compared to last year. Parking Enforcement has met its goals during the
second quarter of FY80.
Expenditures
Budgeted
Year -to -Date
%
6000
$ 85,825
$ 40,795
47.5
7000
1,410
310
22.0
8000
5 700
92,935
3 883
4 88
4,
68.1
48.4
TOTAL
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE QUARTER: SECOND
DECISION UNIT: PARKING OPERATIONS AND MAINTENANCE
FISCAL YEAR OBJECTIVES:
1. To maintain a long range maintenance program on the Block 83 parking
facility, ongoing.
2. To expand the ongoing meter cleaning and repair program to more meters
so the number of trouble calls decreases by June 30, 1980.
WORK COMPLETED:
I. Long range maintenance program on Block 83 parking facility has not
started as majority of facility under contractors control.
2. During the second quarter of FY80 we received 422 complaints of faulty
meters of which 247 were found defective. 769 meters were reported
faulty and 432 were found defective during the same period of FY79. 146
vehicles were impounded during the second quarter compared to 133 during
FY79. 50 meters were cleaned and rebuilt compared to 15 in FY79.
ANALYSIS:
During the second quarter of FY80 Parking Operations and Maintenance has met
it goals with a decrease in trouble calls and defective meters.
Expenditures Bu_ deet Year -to -Date _%
6000 97,881
26,170 26.7
7000 4,375 1,395
31.9
8000 26,833 9,132 34.0
9000 18.000 23,804 132.2
Total 147.089 601501 41.1
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FINANCE
QUARTER: SECOND FY80
DECISION UNIT: WORD PROCESSING
Fiscal Year Objectives:
1. To have no more than 4% of total lines produced returned to Center for
correction of operators' typographical errors only. July, 1979 and
ongoing.
2. Maintain an average monthly turnaround for centrally dictated work of 4
hours. July, 1979 and ongoing.
3. Achieve a 5% increase in total FY80 production of typed lines over FY79.
June, 1980.
4. Continue staff training on use of dictation system. Ongoing.
Work Completed:
1. Achieved this quarter - averaging around 1%.
2. Turnaround now monitored by sampling 20% of production - now averaging
3.8 hours in this quarter.
3. 32% increase over first half of last year (387,048/292,907).
4. Orientation continuing as needed.
Analysis:
Primary concentration is now on maintenance of the production standards
already set and gradual refinement of operating procedures.
Expenditures Bud4et Year -to -Date %
6000 $50,417 $23,506 46.6
7000 3,070 1,176 38.3
8000 16,820 9,127 54.3
9000 125 _125 100.0
Total $70,432 $33.934 48%
MICROFILMED BY
JORM MICR(DLAB
CEDAR RAPIDS - DES MOINES
E
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: CITY MANAGER QUARTER: SECOND
DECISION UNIT: BROADBAND TELECOMMUNICATIONS SPECIALIST
Fiscal Year Objectives:
1. Oversee and monitor Hawkeye Cable Company progress and implementation
of cable system.
2. Keep City and City Council updated on status of cable TV.
3. Serve as Broadband Telecommunications Commission (BTC) staff and
advisor.
4. Act as information resource for community on cable and access TV.
5. Advise, assist, promote funding, operation and usage of access
channels.
6. Identify, contact, train access channel users; produce, supervise
and/or assist in the production of access programming.
Work Completed:
1. Contacted Hawkeye on weekly basis resulting in: (2)
2. Reported to Assistant and City Manager weekly and to City Council
bimonthly.
3. Advised BTC at each meeting; prepared all agendas, minutes and ancillary
materials.
4. Compiled all information pertinent to cable and access for public
inspection, answered questions from citizenry.
5. Assisted in development of public and city government access channel
rules; conducted information surveys to assist this development.
6. Researched ,all organizations and potential access users in Iowa City;
presentations to City departments on access; developed training staff
and materials; developed access program ideas, scripts and formats.
Analysis:
Groundwork was completed for a smooth transition for City to handle the cable
construction and access production training phases.
Expenditures Budaet This Quarter %
7000 $2,000
8000
$ 112.95 5.648
2,500
9000 ______
1,499.95 59.978
_
Total 4,5.0
$I.L613.89 35.864
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: CITY MANAGER QUARTER: SECOND
DECISION UNIT: ENERGY CONSERVATION PROGRAM/CDBG PROJECTS
Fiscal Year Objectives:
1. Conduct a heat loss identification project for low and moderate income
residents.
2. Implement an energy monitoring project to evaluate the energy
consumption trends of the various sectors in Iowa City.
3. Conduct a pilot solar demonstration project.
Work Completed:
- Thermography Instrument Operator hired.
- Solar grant applicants were narrowed down to four families from more
than 40 families which expressed interest.
- Financial income and asset information were obtained and verified for
the four families. Their homes were assessed and shading charts were
completed.
- Supervision was provided for an intern working on a solar access
provision to be considered for inclusion in the new Zoning or
Subdivision Ordinances.
Analysis:
Warm weather delayed the Heat Loss Identification Project until the very
end of December. Solar grants will be awarded to two families and bids
solicited on their homes during the third• quarter. The Heat Loss
Identification Project will operate full swing during the third quarter.
Expenditures Budget This Quarter %
6000 $15,350 $3,409.64 33.573
7000 1,810 249.22 20.354
8000 9,770 912.69 11.564
9000 7 350 0.00 0.000
TOTAL R4, 0 4, 1. 9 197W
L J
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MICROFILMED BY
JORM MICR+LA6
CEDAR RAPIDS • DES MOINES
MANAGEMENT BY OBJECTIVES
DEPARTMENT: CITY MANAGER QUARTER: SECOND
DECISION UNIT: ENERGY CONSERVATION PROGRAM/GENERAL FUND PROJECTS
Fiscal Year Objectives:
I. Conduct energy audits of the City buildings and operations.
2. Conduct training sessions for City staff.
3. Conduct an energy consciousness campaign with the staff.
4. Monitor ongoing energy use and analyze that use in light of the
historical energy use.
Mork Completed:
- Monitored Emergency Building Temperature Restrictions compliance by
the City.
- Completed work on request from Housing Board of Appeals and the
Housing and Inspection Services staff for a report concerning the
storm door and window provision in the Housing Code.
- Investigated whether the Equipment Division should purchase diesel or
gasoline powered trucks.
Analysis:
No work could be done on the fiscal year objectives. A majority of the
staff Is time was spent on CDBG activities.
Expenditures Budget This Quarter %
6000 $4,260 $1,191.65 75.824
7000 7,350 1.70 11.914
8000 3,125 70.23 5.734
9000
0 0.000
TOTALS 1,2 3.08
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
�y7
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: CITY MANAGER QUARTER: SECOND
DECISION UNIT: ENERGY CONSERVATION PROGRAM/GENERAL FUND PROJECTS
Fiscal Year Objectives:
I. Conduct energy audits of the City buildings and operations.
2. Conduct training sessions for City staff.
3. Conduct an energy consciousness campaign with the staff.
4. Monitor ongoing energy use and analyze that use in light of the
historical energy use.
Mork Completed:
- Monitored Emergency Building Temperature Restrictions compliance by
the City.
- Completed work on request from Housing Board of Appeals and the
Housing and Inspection Services staff for a report concerning the
storm door and window provision in the Housing Code.
- Investigated whether the Equipment Division should purchase diesel or
gasoline powered trucks.
Analysis:
No work could be done on the fiscal year objectives. A majority of the
staff Is time was spent on CDBG activities.
Expenditures Budget This Quarter %
6000 $4,260 $1,191.65 75.824
7000 7,350 1.70 11.914
8000 3,125 70.23 5.734
9000
0 0.000
TOTALS 1,2 3.08
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Police
Decision Unit Administration 8 Train
Quarter Second
Fiscal Year Objectives:
I. Assessment of policing needs for downtown area.
2. Establish an on-going in-service training program.
3. Institute a priority assignment of service responses.
4. Establish and strengthen an anti -vandalism and crime
prevention program.
Work completed:
I. Completed and recommendation made as an added service level
for '81 fiscal year budget.
2. Completed.
3. Partially completed. Ordinance for bringing some semblance
of order and responsibility in the intrusion alarm system
to be proposed for Council consideration soon.
4. Iowa City Anti -Vandalism formed and functioning. Expansion
of the committee into a full-scale crime prevention undertak-
ing is anticipated if funding becomes available.
Analysis:
Activities have been proceeding apace with the objectives stated
above as well as increasing operational demands.
Expenditures
6000
7000
8000
9000
Total
Budget This Quarter
$ 68,795 $28,102 42
1,010 365.89 36
7,556 3,104
0 124.18
$77061 $32,296
MICROFILMED BY
JORM MICR;LAO
CEDAR RAPIDS • DES MOINES
41
(prior year encumbrance
42
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MANAGEMENT BY OBJECTIVES
Department Police
Decision Unit Patrol 6 Traffic
Quarter Second
Fiscal Year Objectives:
1. To provide service not substantially below f.y.179.
2. To improve speed control E accident prevention measures.
3. To increase the effectiveness of patrol in follow-up
investigations.
Work completed:
1. Accomplished. Task load and responses are up 14$ in first
half of f.y. 180.
2. Accomplished. Citations for speed are up substantially
and the accident rate declined 6" in the first half.
3. Patrol follow-up is increasing, but needs added emphasis.
Analysis:
Officer productivity has increased significantly due both to
citizen requests for services and officer generated activity
Expenditures
Budget
This Quarter
%
6000
$658,263
$341,673
51.9
7000
47,589
18,282
38.4
8000
40,691
14,573
36.3
9000
67,612
67,435
99.7
Total
$814,215
$444,556
54.6
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Police
i
Decision Unit Criminal Investigation
I
Quarter Second
I
Fiscal'Year Objectives:
I
1. Continue to provide no less investigative services provided
in f.y. '79.
2. To provide rapid and thorough investigative follow-up
on all cases.
3. To improve investigative support to Patrol.
I
I
Work completed:
1. During the first half investigative requests and provision
of services increased 25% over the same period of the prior
year.
2. Never completed... but always attempted.
3. See Y 2 above.
Analysis:
The workload has been increasing making it necessary to
increase the number of officers assigned to this Division
from five to six.
Expenditures Budget This Quarter %
6000 $90,066 $58,843 65.33
7000 5,920 1,468 24.8
8000 11,200 5,002 44.66
9000 8,500 11,568 136
Total $115,686 $76,989 66.55
Sane expenditures in these accounts should have been charged to
MICROFILMED BY
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CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Police
Decision Unit Records E Identification
Quarter Second
Fiscal Year Objectives:
I. To provide for greater use of identification services and
equipment.
2. To provide for timely and accurate production of reports
and statistics.
3. To experiment with verbal radio communications rather than
10 -signals.
Work completed:
1. Use of equipment and services has increased by 12% as
compared to.the same period in f.y. 179.
2. So far, everything has been kept on schedule.
3. Abandoned... State radio insists upon the use of 10 -signals
in usual public safety communications.
Analysis:
The increasing workload has led to an almost abnormal rate
of increase in activity. Only additional time will indicate
whether the increase is a temporary phenomena or a permanent
trend.
Expenditures
Budget
This Quarter
%
6000
$123,824
$62,501
50.5
7000
3,500
856.17
24.5
8000
7,850
8,096
103
9000
3,505
1,962
56
Total
$138,619
$73,863
53.26
MICROFILMED BY
. JORM MICR+LAS
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Pol ino
Decision Unit Animal Control
Quarter Second
Fiscal Year Objectives:
1. To produce for administrative and Council approval a set
of designs for a new Animal Control Shelter.
2. To prepare for and institute licensing at the Shelter.
3. To provide a variety of educational and preventative Animal
Control measures.
Work completed:
1. Task abandoned. There seemed to be no interest in bonding
for an Animal Control Shelter.
2. Completed.
3. Partially completed.
Analysis:
Each objective,with the exception of the first, have been
wholly or partially achieved.
Expenditures Budget This Quarter %
6000 $67,386 $29,499 44
1000 5,840 2,692 46
8000 13,715 4,215 30.7
9000 2,300 272.88 11.9
Total $89,241 $37,341 41.85
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Parka s Recreation
Decision Unit Administration
Quarter second, YY 180
Fiscal Year Objectives:
1. Prompt dissemination of information from the Council, City Manager,
Parks and Recreation Commission, and other departments and divisions
to appropriate division heads and divisions. Ongoing.
2. Systematic monitoring of divisions to ensure that each is functioning
at capacity for the complete budget year. Ongoing.
3. Avoid duplication of services within city government, and attempt to
avoid duplication of parks and recreation services that are offered by
other governmental units or private enterprise. Ongoing.
Work completed:
1. Ongoing.
2. Ongoing. Surveys and low number of complaint calls indicate divisions
are doing a good job.
3. Partially completed. Have been in contact with other agencies that
offer recreation services.
Analysis:
1. Various methods of communication are being used --staff meetings,
reproductions of pertinent information, consultations, etc.
Expenditures
Budget
Year to Date
%
6000
$40,041
16,537
41.3%
7000
1,665
111
6.96%
8000
2,575
1,039
40.36%
9000
0
0
0
Total
44,281
17,687
39.95%
MICROFILMED BY
JORM MICR#LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Parks & Recreation
Decision Unit Recreation
Quarter Second, FY 180
Fiscal Year Objectives:
1. Increase playground special events by 2.
2. Expand adult sports for non athletes and senior citizens.
3. Pilot of 4 cultural exposure programs for elementary and senior citizens.
4. Increase outing type activities by 4.
5. Expand pre-school activities.
6. Develop youth archery club.
7. Increase "Friends" volunteer program from 5 to 10 matches.
S. Provide adventure activities for Special Populations.
9. Governor Lucas Square events.
Work completed:
I. Completed 100% -talent show and new games festival.
2. Completed 100% -senior citizen shuffleboard.
3. Completed 75% no'immediate plans for additional trips.
4. Completed 50%; one activityl•cancelled due to lack of snow and another
cancelled due to insufficient registration.
5. Completed 100%-Kindergrounds program at Hickory Hill.
6. Lack of interest -0% completed; under review.
7. Completed 60%-6 matches now with 5 more volunteers ready for matching.
8. Personnel change causing some delay in planning.
9. Art Surrounds the Plaza 100% complete.
Analysis:
Program personnel staff changes continue to occur with now a 100% turn over
necessitating orientation and retraining. Aside from these changes the year
is progressing in a normal fashion with participation appearing to be about
average. In the 8000 series utilities are up over FY '79 by $4700 but
repairs are down by $3400.
Expenditures
6000
7000
8000
9500
9000
Total
Budget
$327,147
37,150
81,130
2,868
2,000
450,295
Year to date %
$177,048 54.119
16,166 43.516
49,224
1,971
766
245,175
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
60.673
68.724
38.300
54.448
N
0
MANAGEMENT BY OBJECTIVES
Department Parks & Recreation
Decision Unit Parks
Quarter Second
Fiscal Year Objectives:
1. Reduce trim mowing and hand weeding through the use of growth retardants
and ground sterilants in problem areas: ongoing.
2. Provide access to wood play equipment area in City Park for the handi-
capped: September, 1979.
3. Construct a 65' x 100' (20 car) rock base parking lot in Wetherby Park:
October, 1979.
4. Establish an annual tree planting program in City Park on a limited
scale: ongoing.
5. Upgrade turf areas with a regular program of cultural practices: ongoing.
Work completed:
1. A herbicide was used this past summer on selected areas with positive
results. A second application will be made this spring.
2. An asphalt area has been built allowing access to a sandbox for wheel
chair users.
3. A hard surfaced (asphalt) parking lot for approximately sixteen (16)
cars has been completed at the end of Taylor Drive.
4. A survey of existing trees in City Park has been started this winter.
5. A spray program for weed control was started this fall for dandelions.
Open turf areas were aerified. Several low spots were filled with
black dirt and seeded to grass.
Analysis:
1. Overall results will be positive with improved appearance and reduced
work time involved. 2. Access to additional facilities will be provided
if usage and demand is evident. 3. The parking area provided has relieved
some of the traffic congestion in the area of So. Taylor Dr. 4. Spot
planting of selected adaptable trees will be started to fill in for dead
trees as they are removed. 5. Noticeable results of the program will be
slow.
Expenditures Budget Year to. Date %
6000
$208,380
$104,947
50.363
7000
28,303
14,934
52.766
8000
61,918
27,901
45.061
9000
29,376
13,239
45.066
Total
$333,227
$161,021
48.322
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Parks and Recreation
Decision Unit Cemetery
Quarter Second
Fiscal Year Objectives:
1. Reduce work projects outside the Cemetery by 5%
2. To continue and update successful public relations program
3. To design a specialized training program for individual members by
March, 1980
4. To prevent deterioration of present physical properties of the Cemetery
by annual improvements and the completion of a long-range improvements
program plan during FY 80
Work completed:
I. Reduction of staff automatically reduced outside work
2. Cemetery bulletin board current. Seasonal news release prepared and
released
Analysis:
Work on schedule
Expenditures Budget Year to Date % f
6000 $55,653 $30,784.44 55.315 (Cemetery monies not
7000 7,989 2,785.77 34.870 included)
8000 10,786 2,881.89 26.719
9000 7,100 3,487.44 49.119
9500 Transfers —1,389 'TIT4.00 557UTT
Total $88,911 $442143.24 49.645
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MICROFILMED BY
JORM MICR;LAB li
CEDAR RAPIDS • DES MOINES
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MANAGEMENT BY OBJECTIVES
Department Parks and Recreation
Decision Unit Cemetery
Quarter Second
Fiscal Year Objectives:
1. Reduce work projects outside the Cemetery by 5%
2. To continue and update successful public relations program
3. To design a specialized training program for individual members by
March, 1980
4. To prevent deterioration of present physical properties of the Cemetery
by annual improvements and the completion of a long-range improvements
program plan during FY 80
Work completed:
I. Reduction of staff automatically reduced outside work
2. Cemetery bulletin board current. Seasonal news release prepared and
released
Analysis:
Work on schedule
Expenditures Budget Year to Date % f
6000 $55,653 $30,784.44 55.315 (Cemetery monies not
7000 7,989 2,785.77 34.870 included)
8000 10,786 2,881.89 26.719
9000 7,100 3,487.44 49.119
9500 Transfers —1,389 'TIT4.00 557UTT
Total $88,911 $442143.24 49.645
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MICROFILMED BY
JORM MICR;LAB li
CEDAR RAPIDS • DES MOINES
MANAGEMENT BY OBJECTIVES
Department Parks and Recreation
Decision Unit Forestry
Quarter Second
Fiscal Year Objectives:
1. Training program for Forestry -Horticulture
2. Analyze informational needs of other division departments by regularly
contacting for comments, suggestions, and updated project lists
3. Review the current Forestry management program for possible reduction
of time and cost expenditure
Work completed:
1. Program continuing
2. Checked with departments -divisions regularly
3. Request for Forestry/Nursery/Cemetery divisions to be combined has been
granted
Analysis:
Work on schedule
Expenditures
Budget
Year to Date
6000
Included
in Cemetery
7000
$ 902
$ 82.21
8000
28,463
9,698.78
9000
17,400
0
Total
$46,765
$y780.99
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
9.114
34.075
0 (contracts let but
— not completed)
18.538
MANAGEMENT BY OBJECTIVES
Department Parks and Recreation
Decision Unit Central Business District Maintenance
Quarter Second, FY 180
Fiscal Year Objectives:
1. Provide year-round interest and color in some horticulture display
areas by using springflowering bulbs, summer annuals, fall mums, and
Christmas trees.
2. Reduce mortality rate and increase health, vigor, and growth rate of
trees and shrubs by implementing a general horticultural care system
consisting of proper watering and fertilization, diagnosis, and
treatment of diseases and pests, and proper pruning.
Work completed:
1. Had a few summer annuals in barrels; had some fall mums. Spring
flowering bulbs are planted.
2. Work underway. Ongoing.
Analysis:
1. Good public acceptance of Plaza appearance.
2. Trees and shrubs are under guarantee of the contractor.
Expenditures
Budget
Year to date
%
6000
$22,548
$ 8,204
36.39%
7000
3,900
1
67.29%
8000
2,525
448
f
9000
960
MANAGEMENT BY OBJECTIVES
Department Parks and Recreation
Decision Unit Central Business District Maintenance
Quarter Second, FY 180
Fiscal Year Objectives:
1. Provide year-round interest and color in some horticulture display
areas by using springflowering bulbs, summer annuals, fall mums, and
Christmas trees.
2. Reduce mortality rate and increase health, vigor, and growth rate of
trees and shrubs by implementing a general horticultural care system
consisting of proper watering and fertilization, diagnosis, and
treatment of diseases and pests, and proper pruning.
Work completed:
1. Had a few summer annuals in barrels; had some fall mums. Spring
flowering bulbs are planted.
2. Work underway. Ongoing.
Analysis:
1. Good public acceptance of Plaza appearance.
2. Trees and shrubs are under guarantee of the contractor.
Expenditures
Budget
Year to date
%
6000
$22,548
$ 8,204
36.39%
7000
3,900
2,624
67.29%
8000
2,525
448
17.77%
9000
960
5,775
601.60% (h purchase of
sweeper.}:
Total
29,933
17,051
56.97
hN
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
1
I.
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1. 1
0
MANAGEMENT BY OBJECTIVES
Department Parks & Recreation
i
1
i
Quarter Second, FY 180
I
—
I. Correct roof leaks at Civic Center.
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS - DES MOINES
MANAGEMENT BY OBJECTIVES
Department Parks & Recreation
i
Decision Unit Govt. Buildings
i
Quarter Second, FY 180
Fiscal Year Objectives:'
I. Correct roof leaks at Civic Center.
2. Reduce turnover rate of maintenance workers.
3. Correct current problems and imbalances in the
systems; current
heating and air conditioning
air conditioning system is undersized,
efficient.
and isn't energy
Work completed:
1. Roof repaired -no leaks at present.
2. Still some turnover,
3. Not done yet. Scheduled for May, 1980.
i
Analysis:
I. May need whole new roof.
Expenditures Budget Year to Date
%
6000 $22,177 $9,193
41.46%
7000' 5,100 3,118
61.14%
8000 50,215 27,690
55.14%
9000 3,000 211
7.04%
Total 80,492 40,212
49.96%
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DEPARTMENT: LEGAL
QUARTER: SECOND
DECISION UNIT: LEGAL
Fiscal Year Objectives:
1. Continue the preventive law program.
2. Attend meetings of the City boards and commissions in order to improve
procedures and aid members in understanding the legal context in which
the board or commission functions.
3. Gain further expertise in certain areas of litigation, especially
personal injury and land use.
4. Complete urban renewal title work.
5. Improve skills in property acquisition and condemnation.
6 Gain greater familiarity with federal statutes, cases and regulations
pertaining to the federally funded City programs and other activities
with federal legal implications.
Work Completed:
Litigation: City vs. Gillispie et al, petition filed [quiet title on
proposed leased housing site]; Penney Building vs. City, petition filed [seek
injunction and damages for water seepage]; Snider vs. City, petition filed
[$125,000 slip and fall]; Voss vs. City, trial on urban renewal condemnation;
City vs. Braverman Development Co. - verdict for City; Oaks Construction Co.
vs. City, verdict for City; Powers vs. City, contract arbitration, verdict
for City; City vs. Yocum hearing on return of bond, verdict for City; Cagan
vs. City, settlement of $2,000 [slip and fall]; City vs. Dows, settlement;
Stasi Inc. vs. City, settled; Rock Island Railroad vs. City [South Market
Square], oral argument in supreme court ruling pending; Amerex vs. City,
brief filed, verdict pending; State Farm Mutual Auto Insurance Co. vs. Grell
Construction Co. and City, settled - no liability to City; Merchant's
Rebellion Association vs. City, dismissed; Linn vs. City, dismissed;
Woodfield's vs. City, hearing before Liquor Control Board [ruling pending];
Iowa Excavating and Grading vs. City et al, hearings on motions.
Title work for leased housing sites. FAUS Gilbert Street project. Draft
contracts including spouse abuse, ACT, Kelly Security. Draft ordinances
including revised Animal Ordinance. Fact investigation and report for union
grievance.
Analysis:
The 8000 line includes $8,332.12 for the services of Mr. Elderkin.
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Expenditures
Budget
This Quarter
%
6000
$67,836
538,049.73,
56.091
7000
3,400
1,535.18
45.152
8000
50,930
33,800.20
66.366
9000
.270
234.33
86.789
Total
$122,436
$73,619.44
60.129
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DEPARTMENT: FIRE
QUARTER: SECOND
DECISION UNIT: ADMINISTRATION
Fiscal Year Objectives:
1. To provide educational opportunities for division heads for the
purpose of upgrading technical skills.
2. To implement a program of meetings for division employees on a
quarterly basis for information exchange by January 1, FY81.
3. To provide divisions with modern up-to-date methods and equipment.
Work Completed:
1. Division heads are being included in Instructor level C.P.R. Course.
2. Valuable information resulting from investigations and other sources
has been passed on and exchanged with all divisions.
3. The Acting Training Officer has been scheduled to attend the Interna-
tional Instructors Conference at Memphis, Tenn. Equipment in the
form of portable radios budgeted for FY80 have been ordered.
Analysis:
Accomplishments during Second Quarter are proceeding nearly on schedule.
Objective regarding equipment may be affected in the third and last
quarter due to a hold placed on FY80 budget items.
Expenditures Budget This Quarter %
6000 $40,311.00 $21,212.21 52
7000 4,407.00 734.00 17
8000 21,239.00 3,914.73 19
9000 2,310.00 869.46 18
Total $68,267.00 $22,355.91 32_74
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MANAGEMENT BY OBJECTIVES
DEPARTMENT: FIRE
DECISION UNIT: SUPPRESSION QUARTER: SECOND
Fiscal Year Objectives:
1. To maintain all equipment at peak operating condition.
2. Improve officers' abilities to make immediate and accurate decisions.
3. Fully utilize personnel through training and attendance of technical
schools.
Work Completed:
I. All Fire Department equipment has been operating very smoothly with no
major repairs. The minor problems have been taken care of immediately.
All fire fighting equipment appears to be in top condition.
2. Through more training for our officers we feel their abilities on the
fire ground have been improved. Also the Batt. Chief's do bring the
Lieutenants from the outlying stations for short tours of duties to
broaden their capabilities.
3. In January a specialized class on MSA masks will be given at the Fire
Extension Service, Ames, Iowa. Our plans are to send three or four of
our firefighting personnel to attend. These various classes are held
about four times a year. Each class will have a completely different
subject.
Analysis:
We have been very satisfied with the operation of our fire equipment at this
time. Our personnel do a good job of keeping our equipment in proper
condition. Continued (ongoing) efforts will be made to help our officers
With fire emergency situations, through more training. Our First Responder
calls have been going very smoothly. Our Fire Department personnel have been
having intensified training by the ambulance personnel on a steady basis.
Thus far in the second quarter our Fire Department answered a total of 47
First Responder emergencies. The majority of these calls were heart attack
victims.
Expenditures Budget This Quarter %
6000 $766,467.00 $395,170.67 52
7000 18,920.00 22,679.10 122
8000 13,200.00 8,297.68 62
9000 10,450.00 - -
Total $808,637.00 $427,787.22 53
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DEPARTMENT: FIRE
DECISION UNIT: PREVENTION QUARTER: SECOND
Fiscal Year Objectives:
1. To inspect and require all drinking establishments to meet the new
provisions of the Iowa Administrative Code.
2. To provide a more intensive fire prevention program for the dormitories
(November 1980).
3. To maintain and provide the public with fire prevention material.
Work Completed:
1. The Fire Marshal has conducted seventeen (17) inspections of
drinking establishments. Nine (9) violations were corrected
within the specified time limits.
2. Co-operation with the dormitory personnel has been very good.
During the last quarter three (3) programs have been conducted by
Fire Department personnel for the Resident Assistants in the
dormitories.
3. During Fire Prevention Week there were approximately 3,500 pamphlets
and related fire safety materials that were distributed to schools
and the general public.
Analysis:
We feel that the rewards on inspection of drinking establishments have
been well received. It has been gratifying to see many violations have
been corrected and continued fire safety advice. During Fire Prevention
Week twenty-eight (28) fire safety talks and demonstrations were given
by the Fire Department personnel. Also in various locations throughout
the City thirty-seven (37) fire drills were conducted. One hundred
three (103) City employees were given the opportunity to use fire
extinguishers and hear fire safety talks given by the department.
Expenditures Budget This Quarter %
6000 $20,856.00 $11,182.50 53
7000 1,655.00 256.06 16
8000 1,240.00 383.58 31
9000 350.00 88.21 25
Total $24,101.00 $12,017.23 49.862
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DEPARTMENT: FIRE
DECISION UNIT: TRAINING QUARTER: SECOND
Fiscal Year Objectives:
1. To reduce non-productive time (ongoing).
2. To continue all programs beneficial to the citizens of Iowa City
(ongoing).
3. To continue to have a well-trained, well-oriented department in all
areas: Fire Prevention, Suppression, Public Relations, etc. (ongoing)
Work Completed:
1. The Training Division completed, distributed and discussed with all
officers the new Daily Training Reporting System, and Daily Truck
Maintenance Log. This gives a better handle on reporting the type and
amount of training. The truck Maintenance Log will give us a review for
parts and inherited problems.
2. The Training Division spent considerable time in truck maintenance.
Flow test for Iowa Fire Protection on ACTII, burning demonstration at
Sheller -Globe. Providing a static test on P&G sprinkler system, and the
feasibility of a Fire/Medic Apprenticeship Program.
3. A total of 253 hours of training and organization of training materials,
covering all phases of suppression have been presented by the Training
Division.
Analysis:
As the new Temporary Training Officer, the second quarter of training
activities has been off to a good start. Most of my time has been spent
setting up training programs, reference files, and maintenance log. I
believe this will show a much improved and defined presentation of our
training and its presentation in the future quarter.
Expenditures Budget This Quarter %
6000 $20,856.00 $10,533.68 50.5
7000 720.00 198.78 27
8000 925.00 41.46 5
9000 - 740.00 -
Total $22,501.00 $11,809.07 52
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DEPARTMENT: HOUSING AND INSPECTION SERVICES
QUARTER: SECOND
DECISION UNIT: ADMINISTRATION
Fiscal Year Objectives:
1• To develop a system of moving the new Zoning Ordinance into the
enforcement and interpretation phase (January -June 1980).
2• To initiate programs and studies to maintain housing inspection
services at high levels without CDBG funds (October 1979).
r:
3• Provide supervision and minimal clerical support for the department.
Work Completed:
1. Housing rehabilitation moved into full service with the Council
adoption of the procedural manual. Work continues on the Summit Street
apartment complex. Preliminary approval has been received on 312 Code
for Iowa Apartments.
2. Sidewalk Snow Removal Program procedures completed - 20 homeowners are
receiving free snow removal services at the end of this quarter.
3• Dialogue has been initiated with Mercy Hospital Administration to
explore sponsorship of congregate housing unit for the elderly and
handicapped who can no longer live independently.
4. Work continued on Public Housing Application.
5• Studies and reports under way to reduce staff and budget in FY81.
Unit Analysis:
Continued supervision and clerical support was provided to the
department. A variety of memoranda was submitted to the City Manager
dealing with the work completed items above, space needs study and
continuation of annual evaluation and performance contract.
Since the new Zoning Ordinance has not been adopted, no activities to
implement the ordinance were undertaken.
Expenditures Budget Year to Date %
6000 7000 $30,425 $ 9,661.42 31.75
8000 6 780 0.00 0.00
9000 ,695 704.09 10.38
. 587.60
TOTAL 35 10,9 3.11 8.54
38
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DEPARTMENT: Housing & Inspection Services QUARTER: 2nd
DECISION UNIT: Housing Inspection
FISCAL YEAR OBJECTIVES:
1. To investigate citizen complaints and pursue enforcement.
2. Provide licensing inspections and enforcement on all rooming houses and
apartments outside federally assisted area (CDBG).
3. Respond to all citizen complaints of alleged violations of the Housing
Code within 24 hours after receiving complaint.
4. To provide enforcement of the State Fire Code and Snow Ordinance as it
affects residential structures.
WORK COMPLETED:
1. Updated and recodified the Housing Code and made copies available to the
public in a single format.
2. All citizen complaints responded to in 24 hours.
3. Scheduled and heard public discussion before the Housing Commission
regarding the Housing Code.
4. All housing and building files in continuing process of microfilm
recording.
5. Hired and completed training of one new housing inspector.
ANALYSIS:
Inspections second quarter - 1,570. Reinspections second quarter - 397.
Orders issued - 169. Compliances - 1984. Court cases - 1. Placards - 1.
MONEY FIGURES:
Expenditures Budget Year to Date Percentage
6000 $ 24,118.00 $ 13,826.50 57.329
7000 845.00 476.00 56.311
8000 6,592.00 1,742.68 26.436
9000 00.00 00.00 00.00
TOTALS 31, 00 16,541.47 —T2—.
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DEPARTMENT: HOUSING AND INSPECTION SERVICES
DECISION UNIT: BUILDING INSPECTION QUARTER: SECOND
Fiscal Year Objectives:
I. To provide accurate information to the public regarding the codes and
ordinances affecting building and alterations.
2. . To provide a more efficient level of code enforcement and citizen
service by incorporating sidewalk inspections.
3. To provide print review on all residential structures, all alteration
plans and some commercial structures.
4. To perform all code required field inspections.
5. To systematically inspect the City to help enforce the Zoning Ordinance
by discovering and correcting illegal uses or coversions.
6. To provide technical support to housing inspection and federally
assisted housing programs.
Work Completed:
'1. Have completed a new sidewalk snow removal ordinance.
2. Citizen complaints have fallen to a minimum level.
3. Began several in-service training programs.
4. Have restructured plan check procedures and reassigned the job duties to
various personnel.
5. Have held several public meetings inviting contractors to participate
in both the electrical and plumbing fields.
6. Have continuously maintained a systematic inspection of all signs in
Iowa City.
Analysis: 2nd Quarter
- Number of building permits - dollar amounts. 176 $5,102,629
- Number of citizen complaints v. corrective orders through field
observations. 9/154
- Number of field inspections performed. 916.
Expenditure Budget Year -to -Date %
6000 $ 92,271.00 $50,584.51 54.82
*7000 4,245.00 1,345.08 31.68
**8000 22,450.00 8,960.33 39.91
9000 .00 500.00 _00
TOTAL $118,966.00 $61,389.92 51.60
*Includes reimbursable costs -- Code book purchased for resale.
**Includes fees advanced and recoverable -- plan check fees.
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Property�X legislation
or property tax shift?
WRRT F. BINA
RY DOESN'T the state
provide tax relief for
property owners by
sharing Its growing tax
revenue from income and sats taxa
with cities so they can act indepen-
dently to cut their property tax rats?
It Is Impossible, with today's
Inflation running at 12 percent, to
provide for police services, garbage
collection and fire protection while
limiting property tax growth from /
percent to 6 pes L Iowa's cities are
facing a long-range revenue crisis
unless the Legislature akmotrkilges
Q* taxing "squeeze" that recent
property tax IlglWticm hos masted.
The best wayj for cities to meet
this property tax crunch, appartiy,
would be a total -option sales tax,
which would require a.reletendmn.
Suck a tax would provide eltir with a
Gffeslt Opinion
revenue base from a source other
those property owners. Visitors and
ran -property owners would share In
the oud of basic service. The refereh-
dam would give the city's residents
an opportunity to determine whether
others should share the cost of main-
taidng basicservkw.
The tax could be administered by
the state Revenue Department at no
additional administrative cod.
If citta aro to meet their revenue
needs, they will need one of two
thlegs the local -optica sales tax or
more municipal revenue sharing
funds.
If the Legislature refuses to
provide cutis with an escape valve
other than the local -option property
sax provided In the bill it passed
recently, we must modify the current
Senate language, which further
saddles cities with the cost of a
special oWdom and a one year re-
striction on the duration of such a
propend project
A special local -option election
would cost Davenport $26,000; It
would cost Waterloo $11,000. The cost
of a special election for counties
would be even larger. A necessary
modification would allow cities to put
forth a project for up to five years
Robert F. Slag Is the rankleg
Densecrat an she Iowa Row Cities
Committee.
and to place such a proposal on the
regular mudclpal ballot.
The Legislature's refusal to
respond to -cities' unmet needs Is
further aggravated by the refusal of
the Iowa Department of Transporta-
tion to respond adequately to the
mase,transit needs of lows's mist,
ropolltan areae. Increased mass -
transit cats are preventing cities
from remaining current on their
budgetary needs. This urban cost
must be shared by the state, particu-
larly if las legislation continues to
limit the revenue line of cities.
The lows Public Transit Authority
proposal of an additional N million
for Imes transit would alleviate some
of the "sting" In the commercial
property to bU The money would
be appropriated to the lows DOT
MN&U& •u division for dwasuoef
ary we by dike to pay for =it-
tlelpated fuel -cost Increases, for
equipment Improvement and for
expanded servl4
This major failure of the Legis-
lature to respond to changing
commuelty, needs, added to Its refusal
to appropriately offset dollar laws
caused by the pending commercial
property tax bill, will locrwe the
cost for all horneowmers, particularly
the elderly.
Requiring city officials to come
cocfu se texpayers y crallag en
illusion that slate gevemment is
saving them from higher tax bills.
Actually, it causes the cost of local
government to increase through
bonding AM Increased dependence on
user fess. Tkb approach continues the
deception of the public by saying that
the fault for increased property taxa
rests with the dues, when, in fact, the
state bas failed to share Its revecue
surplus with the cities.
This current Is a token gestat l million program tar
too little. Futile efforts hove been
made in recent �� tiyars to Increase that
y.
The current approach provides aid
In an unpredictable manner that
mdnlmises,the ability of cities to par
on tax savings to their property hues
WIM•
I have advocated that. the state
develop a funding formula for cities
similar to the one It sees to fund pub -
Ile -school Systerms. U sud a founda-
tioa formula existed for cities, It
would allow them to plan for future
needs and, at the some time, lessen
the percentage of in demand placed
on homes and commercial estabWh-
menta.
If bonding to used to meet inappro-
prlate budget Items, such as the re-
surfacing of city streets, many Iowa
The current legislative approach confuses
taxpayers by creating an illusion that state
government is saving them from higher tax
bills.
before a review board nes year es p
to the adds on a rs(eaedw kris
each year Nix to rsesg - that city
officials wen elected batw•thak
comiltvsmts believed they wall act
responsively. Their coakllands did
not ask that city officials hesdmk
ban& tied.
City officials have every right to be
frustrated by state action that
responds to lea than one-third of the
cat of Inflation. A bill that might, for
example, force a city such as Council
IIlufb to eliminate W marbriusi t
service Is nes the type of legislation
thet this date en tolarate,
The current legislative approach
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cities will rwb a where they,
will be (mead eltker to be" the Male
ball them out of their financial
dlleoma ar to ddault.
The Imereased dependence on
kondW send ItaMMar eemrdis (afore
tax dollars to services that are used
currently. The "buy now -pay later"
altitude can only lead to budget
problems that will cause cities to
commit themselves further through
bonding procedures or curtail
existing services. •.
This is e hidden
property tax AW thet the Iowa
Legislature lar failed to we — or bas
cleverly dad" to Weare.
yqp
THE WALL STREET JOURNAL, THURSDAY, FEBRUARY 21, 1990
Chicago Hangs On by Its Nails
By JAmc4 Rusin ADAMS
CHICAGO -It started az a school crisis.
but very quickly the entire city of Chicago
was on the line. Almost none of the city's
three trillion Inhabitants knew the extent
of the danger, yet twice In the last three
months, the nation's second largest city
faced the possibility It could become, In the
phrase of one participant, "a massive
Cleveland."
Chicago's problem Is nowhere near the
staggering proportions of New Yotk qty.
Yet once In December and again In early
February. Chicago had to borrow money to
stay afloat at a time when Its credit was
under serious question. The alternatives
were Payless paydays, possible default and
a rapid bankruptcy for the separate Board
of Education.
The crisis began In mid-November last
year, when the Board of Education Med to
sell S124.6 million In notes. Some figures In
the hoard's prospectus didn't quite make
sense to officials at the First National
Bank of Chlcago. Poking through the
board's accounts, they found an accumu-
lated deficit well above the board's own
figures. Worse, the board was broke and
had been for some time. The board wasn't
even living hand to mouth; It was running
a $1.3 billion budget while facing delays on
collection of nearly SSW million in bud•
geted revenue. It had to borrow steadily to
cover this missing cash. With doubts now
rising as to whether much of this uncol•
lected revenue was actually out there to be
collected, the banks slopped lending the
board money.
Unending Soap Opera
This crunch began the still unending
school board soap opera of payless pay
days, high-level resignations, leacher walk-
outs and mini -riots In board meetings. Pub-
lic attention focused on a "ball -out" plan
worked out early last month In a marathon
conference in Springfield, the state capital.
City and state loans of S50 million each and
350 minion In other advances met expenses
through early January; and an Interim city
"bridge" loan of $208 mfillon, was to tide
the system over for a few months until a
newly created school finance authority,
with oversight and finance powers, would
be able to float Its own 5500 million bond
issue.
But there's a huge gulf between propos.
Ing a financial plan and pulling It Into ef•
feet. Moreover, the uncertainties of the
school crisis began to lap at the city's own
financial foundations. Officials worried
about a New York syndrome; a default of
one New York State agency In early 1975
led to widening circles of doubt, which de•
strayed the credit of New York qty and
New York State Itself. More than psychol•
ogy. there was concern that the pressure of
Laking on the huge financing load for the
school board might widen the cracks In the
city's own fiscal position.
Behind a facade of fiscal probity, the
city had been playing many of the same
games that damaged the school board.
Since a weakened Mayor Richard J. Daley
had begun to lose control In the mid 1970s,
and perhaps earller[Ch a , loow_te�DDl•
16Y_hadnotrals a ueto a lorin0a-
tlon-driven costs and s_
mid--.up�e difreeieace by.the.now lamlllar
dako-otovecestimatiag rax and ald
celDa, running down reserves. deferring
«lwsa—dn 'borrowTo cover deficllsCovell deflclts.
in he— rsu- ccessfu insurgency against a nst the
Incumbent Mayor Michael Bllandlc last
April, Jane Byrne started to bring this ma•
nipulation to public view. In presenting her
first full -year $1.1 billion budget on Novem•
ber 15, she revealed the size of the prob-
lem.
roplem.
The current 1979 budget, she told the
City Council, was running a $21.2 million
deficit, and manipulation of Internal funds
had hidden an accumulated deficit of $81.1
million. But, like the school board, city hall
had an even more pressing problem with
Its cash Bow. In December, according to
the remarkable, full -disclosure prospectus
for the new city financing, Chicago's cash
worries caused It to slow down payments
to its suppliers. It mel Its December H and
17 payroll by means of a very quiet sale of
$16 milllon In notes, ostensibly for sewer
department operations and new snow
equipment.
By this time, Chicago bankers and
Mayor Byme's advisers had become so
Mayor Byrne has at least
weathered a major liquidity
crisis. Chicagoans will have
at least a few months to re-
flect on the major questions
raised by their recent finan-
cial turbulence.
alarmed by the school and city situation
they began to take a direct hand. Only
later did they learn that during their preoc-
cupation with the school board In Novem-
ber, the city had actually scraped bottom,
keeping afloat only by drawing cash from
Its water -fund construction notes.
The pressure eased In January, with
fresh tax receipts for the new budget year.
But by the end of last month gity, hall was
again running scared. The bitterly divided
school board threatened to torpedo Its own
ball -out. While angry black neighborhood
groups staged a small riot In the school
board chamber, Irl time for the live eve•
ning news, Board members voted 5 to 5
against the first step In Its own budget -cul -
ting package. The city had Just barely
scraped together its share of the phase one
loan to the school board, after a union pen-
sion fund balked at buying city holes for
that package. To meet Its own fast -arriving
payrolls and bills, the city still had to sell
two note Issues totaling 5288 million.
"The elements of the plan were never In
doubt," said Mayor Byrne In an Interview
during this beetle week. "The problem has
been this terrible time pressure"
"We had the main timbers," said finan-
cial adviser Edwin H. Yeo III of the
planned sequence of city and school note
Issues. "But It's one thing to have some
limbers lying on the ground, People
wanted to see B we could do the heavy [[it -
Ing to put them In place."
The audience that frightened the city
the most and that became the focus of Its
effort consisted of the two municipal bond
rating agencies, Moody's and Standard &
Poor's. Leaving the school board to Its tu•
mull, on January 23rd Mayor Byrne
tee stripped qty Hall of Its top leaders and
I I new them off to a group meeting In New
r I York with the bond raters. Moody's had
applied the coup de grace to the school
Iboard on November 11, when It dropped
the board's note radng to the lowest level;
city officials feared a similar fate for
themselves.
Returning from New York, Mayor
Byrne summoned the school board to her
office. Chastened by her threat to fire them
all, the board members returned to their
chamber andpassed the budget cuts 9 to 1.
(Protestors who tagged along to city hall
ICEDAR RAPIDS • DES MOINES
and back were amazed to find the public
seats at the board taken.up by burly while
Janitors who sat through the vote In at-
lence.)
Mayor Byrne also hired Mr. Yeo as the
city's chief financial officer, Immediately
after he left the top level of First National
Bank of Chicago. As Under Secretary of
the United Stales Treasury, Mr. Yeo had
been a hard-liner on the New York City
crisis In the Ford Administration, and he
was the main whistle -blower on Chicago.
He cabled the same spirit Into city hall.
To Improve the still -tight cash Bow, he
urged the mayor to slice another $10 Dill -
Ban from her already spartan budget. He
also stepped Into a raging local contro-
versy: A 329 million real -.estate tax In-
crease had been levied over and above a
planned Increase because of a drafting er•
ror In the ordinance. Mayor Byrne had
made this error the public pretext for fir-
ing her previous budget director. On Mr.
Yea's urging, she decided to keep the
money after all.
Ictal taxpayers were enraged, city em-
ployees seethed. But the rating agencies
were Impressed. Al the end of January
Moody's lowered the bond rating from AA
to A and the notes from MIG -1 to MICr2,
respectable levels given Chicago's prob-
lems. The seasonal JIM million borrowing
sold out, and a consortium of 15 banks
picked up the "bridge" notes for the school
board loan. The final shoe dropped on Feb-
ruary 8•when Standard & Poor's lowered.
the city from A+ to A- and observed, to
the city's relief. that the school board ball -
out would not be "detrimental to [the
city's] credit rating."
Need for Careful Management
Negotiations are nearly complete on the
S180 million long-term issue to pay off the
short-term deficit borrowing. The threat of
a sudden crash has been averted for the
time. The need now, observes Mr. Yeo, Is
"a period of careful management."
The firemen's strike underscores how
formidable that task will be. Mayor Byrne
Is dealing with a broader problem In her
city employee relations. The late Mayor
Richard J. Daley had Informal handshake
agreements with the city worker unions.
keeping them In line by giving the unions a
quota of city Jobs (most of the city's work-
force Is not unionized) and a generous
"prevailing wage" scale. Mayor Byrne has
been cutting back on the Inflated prevail-
ing wage rates and replacing Daley's Infor-
mal understandings with collective -bar•
gaining contracts.
In addition she sees herself as having to
prove her mettle In Chicago's political Jun-
gle and refuses to back away from confron-
tations as the unions try her out.
Wbether she ultimately succeeds In can.
trolling the budget and taming the unions,
she at [crit has weathered a major liquid -
BY crisis. Chicagoans will have at least a
,few months to renect on the major quer
lions ralSed by their financial turbulence.
Why didn't the city's bankers and busi•
nessmen learn the lessons of New York
qty? Why did the outside auditors, Includ•
Ing Arthur Andersen & Co. for the Board of
Education, fail to raise effective warnings
about the developing city and school prob-
lems? We may be helped In answering
these perplexing questions by an SEC In-
vestigation, which Is now underway.
Air. Adams is a member of the Jour•
nal's editorinl page staff.
Y419
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VIPI •
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MICROFILMED BY
JORM MICR+LA6 $
CEDAR RAPIDS • DES MOINES
Rape Victim Advocacy Program
130 N. Madison St.
Iowa City, Iowa 52240
Iowa City City Council
Civic Center
Iowa City, Iowa 52240 February 25, 1980
I have just finished reviewing the memorandum submitted to the Council from
Richard Plastino, Director of Public Works regarding the proposal submitted
to you from Citizens for Lighting and Safer Streets.
In regard to the information Mr. Plastino submitted to you, I would like to
correct a misunderstanding. Someone from Mr. Plastino's office contacted me
last Wednesday and asked for statistics and percentages that the RVA Program
might have regarding incidents reported to the Rape Crisis Line. I informed
the caller that the statistical data has not been prepared as of yet for 1978
and 1979. In the past, we have taken all of our calls and a volunteer has
programmed them through a computer so that patterns and percentages could be
established. I did furnish the percentages and statistics that we have
computed from 1975 to 1977. In this information included data such as the
number of incidents which occurred in victim's homes and incidents which
occurred on the street. There were also percentages addressing other factors
such as the number of incidents where a weapon was involved, the victims' ages,
locations such as Johnson County, Iowa City, Campus and Coralville and a variety
of other data.
I also mentioned that the incidents reported to the Rape Crisis Line for 1979
were available from the Iowa City Police Department, the City Council and Neil
Berlin's office in the form of monthly reports which are submitted to all of
the above on a regular basis.
In relation to Mr. Plastino's suggestion that calls made to the Rape Crisis Line
should not be relied upon with a sense of confidence, I Would like to remind the
Council that the Rape Victim Advocacy Program offers a variety of services to
victims of sexual abuse in addition to police reporting and advocacy. Victims may
call us for counseling and medical referrals and advocacy services which may or
may not include the legal process. It is also true that national estimates conclude
that only one out of ten rapes is reported to the police. It is our feeling that
reporting is higher in Iowa City because there is a good working relationship
between the RVA Program and the police department.
I regret that I will not be able to attend the meeting today concerning this
matter, but I am certainly available to answer any further questions that you
may have.
Sincerely,
11.
Terry Ke1�Coordinator
Rape Victim Advocacy Program
CC: Richard Plastino, Kathy Ward
MICROFILMED BY
JORM MICR+LA9
CEDAR RAPIDS • DES MOINES
vs1.
Dater February 25, 1978
Tol Iowa City City Council
Froml CLASS (Citizens for Lighting and Safe Streets) and the Wo-
men and Safety Taskforce of the Johnson County/Iowa City
N.O.W.
Rel February 22 Memo of Richard Plastino
After the informal City Council meeting of February 4, 1980,
CLASS and the Women and Safety Taskforce have been awaiting Plas-
tino's response to questions raised on various lighting alterna-
tives. While we appreciate Plastino's time and effort in terms
of evaluating various alternatives/costs in pp. 1 to 3, his com-
ments on pp. 4 to 7 concern us and we would like to clarify the
several issues raised in regard to existing literature, research
design and reliability of data/reports. In addition, we would
like to make a few comments on the discussion of existing alter-
natives.
fl Alternatives
(1) CLASS is not interested in 'butchering trees' but rather
is advocating that existing standards of foliage clearance be
achieved around streetlights.
(2) City street lighting policy has been (1) a streetlight
at each intersection unless the block is over 600 feet long: (2)
if the block length is greater than 600 feet, then a streetlight
may be added to the middle of the block. In our proposal, we are
asking for a pilot change in this policy e.g, adding a mid -block
light in dark areas where necessary. This request is for less
lights per block than the staggered lighting recommendation of the
Neighborhood Site Improvement proposal of 1978 (one light 1/3 of
the way down the block and another light on the other side of the
street 2/3 of the way down the block). We recognize that the ad-
dition of a number of mid -block lights will not provide for mas-
sive lighting improvement in dark areas but rather would be a
step towards alleviating the problem of unsafe and dark areas.
Comments on CLASS proposal
(1) The CLASS proposal was the result of a survey of the
existing literature on street lighting projects across the nation.
The literature indicated•that street lighting led to a heightened
perception of safety and there was tentative support for the re-
duction of crime.
National Organization for Women
P.O. Box 946 Iowa City, Iowa 52240
MICROFILMED BY
JORM MICR+LAB
CEDAR RAPIDS • DES MOINES
Ei
z
(Z) The research design/evaluation was derived from an ex-
tensive critique of existing literature, projects and evaluation
techniques in the Department of Justice publication, National
Evaluation Program Phase I Report "Street Lighting Projects".
Thus, this proposal has been designed to meet previous deficien-
cies in past projects. The problem with extraneous variables as
mentioned by Plastino e.g, number of night classes, severity of
the weather, etc, can be controlled for statistically and with
the use of long term baseline data,
(3) The use of the Rape Victim Advocacy data is viable for
several reasons. First, approximately 10% of sexual assaults
(nation wide) are reported to authorities. Thus, the RVAP data
is a valuable source of information on the number of sexual as-
saults, assaults and harassment of women which may not be reported
due to fear, or mistrust. Second, our proposal is based on the
general trends of five years of experience of the RVAP and those
persons dealing with assault and harassment. Therefore, we have
confidence in RVAP data and its usage as one of the three evalu-
ation criteria of the proposal.
In conclusion, dark streets in the near north east side con-
stitute a major problem in terms of the safety of citizens utili-
zing that area. Although CLASS has no desire to make the streets
as light as day, we do request an effort on -the part of the city
to light up dark areas. In addition, we recognize that the stra-
tegy of street lighting alone will not alleviate the problem and
therefore we are committed to a diversity of strategies e.g. Neigh-
borhood Safety Projects, a whistlestop program and coordination
with police department programs. If in fact the project is not
proven effective after the first year, the costs of this pilot
should be minimal. In light of the above we feel that a cost of
u66,000 over ten years compared to city budget costs of over $90
million is not too much to ask for in terms of taking a step to-
wards improving the living/safety conditions for Iowa City.
Respec fully submitted
�
F(�
Kathryn B. Ward,
for the Women and Safety Taskforce of Johnson County/
Iowa City N.O.W. and CLASS (Citizens for Lighting And
Safe Streets)
KBW/jgi
ccl Richard Plastino
Terry Kelly
Diana Miller -Jones
MICROFILMED BY
DORM MICR+LAB
CEDAR RAPIDS • DES MOINES
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