HomeMy WebLinkAboutWaterloo Commission on Human Rights-9/19/2011COOPERATIVE AGREEMENT
Between Waterloo Commission on Human Rights
IOWA CIVIL RIGHTS COMMISSION
1. Definitions: As used in this Cooperative Agreement the following terms are defined as follows:
a) "Commission" or "ICRC" means the Iowa Civil Rights Commission
b) "Fiscal year 2012" means from July 1, 2011 to June 30, 2012
2. Authority: In order to effectuate the purposes of the "Iowa Civil Rights Act," the ICRC now enters into
a Cooperative Agreement with Waterloo Commission on Human Rights, hereinafter "Waterloo Commission
on Human Rights". Iowa Code §216.19 (2007).
3. Purpose: To assist in resolving discrimination complaints and to reduce case backlogs, without
compromising quality, nor the integrity of the system. The criteria are designed to ensure an efficient,
effective, and coordinated State -Local civil rights enforcement partnership.
4. Scope: Under this Cooperative Agreement, ICRC contracts with the Waterloo Commission on Human
Rights for satisfactory intake and resolution of complaints whose allegations fall within the prohibitions of
Iowa Code §§216.6, 216.7, 216.9, 216.10 and 216.11.
5. Period: This Cooperative Agreement will run during Fiscal Year 2012. There is no commitment on the
part of ICRC to contract with the Waterloo Commission on Human Rights for the resolution of complaints
after June 30, 2012.
6. Total Amount: The total amount ICRC can be required to spend, as aggregate compensation to all
contracting local commissions for work performed under this agreement for Fiscal Year 12, is $35,000
maximum. If insufficient funds exist for payment of all cases tendered for payment by the contracting Local
Commissions, payment shall be allocated on a first-come first-served basis, according to the date of
submission of the case(s).
7. Payment Date: ICRC conditions payment for work performed under this Agreement on acceptance of
that work by ICRC. ICRC will only make payment for each case submitted in the calendar month following
acceptance of the work. In the case of payment for intake services, ICRC accepts the work when ICRC
opens the case file corresponding to the intake. Payment is conditioned upon execution of this contract.
8. Payment Schedule***:
(a) Intakes only — ICRC intends to pay $25.00 for each intake completed by the Waterloo Commission on
Human Rights which results in a complaint cross -filed with, and transmitted to ICRC for further processing;
if the case is more than 600 days old, ICRC will not pay for intake. ICRC intends to pay $50.00 for each
case that is cross -filed with the EEOC, completed on a complaint form, and referred to ICRC for processing,
investigation, and closure. The case must be referred within 30 days of filing with the local commission.
(b) Resolutions —
• For each complaint resolution, less than one year old from the date of filing with the local
commission and accepted by ICRC, ICRC intends to pay $100.00 to Waterloo Commission on Human
Rights. Resolutions include Satisfactory Adjustments, Withdrawals, Administrative Releases, and
Administrative Closures for Failure to Cooperate and Unable to Locate, No Probable Causes and Probable
Causes.
• The case must be received without need for additional work ("Additional work" would include
any activity as determined by ICRC staff needed to comply with regulations, including, but not limited to:
making a decision on the merits; interviewing parties; requesting records; or redrafting memorandum,
settlement papers, or other documents because a case number or name is either omitted or incorrect).
• For each complaint that requires additional work, ICRC intends to pay $25.00, rather than $100.
• Whenever possible, Administrative Closures for failure to locate the complainant or of the
complainant to cooperate with the investigation should be based upon on the merits of the case. This means
that, after the local commission makes a good -faith effort to locate the complainant and encourage their
cooperation, the local commission's decision on the case should refer to the relevant evidence before it and
determine whether the evidence indicates the complainant would prevail.
• For each complaint over one year old, but less than 600 days as of March 1, 2012, ICRC
intends to pay $75.00 to the local commissions. The same conditions as stated above apply. For each
complaint that requires additional work, ICRC intends to pay $25.00, rather than the $75 amount.
• For each complaint over 600 days old, as of March 1, 2012, ICRC will not provide any
payment.
9. Maintenance of Effort: Iowa Code §216.19 provides that a local government required to maintain a
human rights agency shall structure and adequately fund the local human/civil rights agency in order to
effect cooperative undertakings with ICRC and to aid in effectuating the purposes of the "Iowa Civil Rights
Act."
10. Reports: The local agency agrees to submit regular reports to ICRC listing each intake and resolution
submitted for contract credit under this Agreement. Quarterly Reports are due, as applicable, on January 10,
2012 (for July 1, 2011 -December 31, 2011 activity), April 10, 2012 (for January 1, 2012 -March 31, 2012
activity), and July 10, 2012 (for April 1, 2012 -June 30, 2012 activity). Failure to provide Quarterly reports
within 30 days of due date will result in withholding of any funds due from the ICRC until the reports are
provided. As a condition of final payment, the local commission must submit, and ICRC must have
received, all cases no later than July 15, 2012. Cases submitted after July 15, 2012 will not be paid.
11. Training. The State and Local commissions will cooperate in planning, sponsoring, and conducting
necessary complaint processing training for staff and commissioners.
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12. This contract recognizes the 300 -day filing period for initial complaints, which is. set out in Iowa Code
Ch. 216 begins the day the complaint is received by ICRC, not the day received by the local.
• Due care should be taken to assure complaints are timely filed under the Iowa Civil Rights Act.
• The local commission understands ICRC has a 300 -day filing limitations period and agrees to make
every reasonable effort to cross -file their complaints with ICRC within that 300 -day period. Every
reasonable effort includes faxing a complaint to ICRC on the date of the receipt of the complaint if that is the
only way to timely cross -file the complaint with ICRC.
13. Closures. Closure papers or settlement agreements must include local and state case numbers, and
when cross filed with EEOC, federal case numbers. Payment may be denied if closure papers or settlement
agreements do not include case numbers, or if any case number is incorrect. ICRC may be required to obtain
a full copy of the case file maintained by the local commission. The copies should be provided to ICRC at
no cost.
14. Upon request by the ICRC, Waterloo Commission on Human Rights agrees to transfer any EEOC
employment cases requested by the ICRC for resolution. ICRC agrees not to request cases that are less than
1 year old at the time of the request. Failure to transfer the case, refusal to provide copies of requested files,
or interfering with the ICRC's ability to investigate or resolve the case in any way, will result in forfeiture of
any outstanding monies owed to the local commission at the time of the request and will operate to void the
contract through the remainder of the fiscal year.
If required by your local protocol, separate signature lines have been provided for your Mayor and
Commission Chair.
Chairpen, Waterloo Commission on Human Rights
ayor
Date
Ctlict6R
Date
Director, ICRC Date
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***The following summarizes the payment schedules:
Intake
Employment cases -within 30 days of
filing
$50
Less than 600 days old
$25
More than 600 days old
$0
Resolutions
Less than one year
$100
More than one year, less than 600 days
$75
More than 600 days
$0
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