Loading...
HomeMy WebLinkAboutIowa Civil Rights Commission-3/15/2010COOPERATIVE AGREEMENT Between Waterloo Commision on 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 2010" means from July 1, 2009 to June 30, 2010. 2. Authority: In order to effectuate the purposes of the "Iowa Civil Rights Act," the ICRC now enters into a Cooperative Agreement with Waterloo Commision on Rights, hereinafter "WCHR". 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 WCHR for the 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 2010. There is no commitment on the part of ICRC to contract with the WCHR for the resolution of complaints after June 30, 2010. 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 010, is $33,500 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. Due to the late execution of this document, payment will be made on cases that would have otherwise been submitted between July, 2009 and September 30, 2009, if the cases are submitted by November 30, 2009. 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 WCHR which results in a complaint cross -filed with, and transmitted to ICRC for further processing; if the case is more than 2 1/2 years old, ICRC will pay $15 for intake. (new) ICRC intends to pay $50.00 for each employment case, 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) Intakes with 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 WCHR. 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 2 %2 years old as of March 1, 2010, 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 2 /2 years old, as of March 1, 2010, ICRC intends to pay $25.00. 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, 2010 (for July 1, 2009 -December 31, 2009 activity), April 10, 2010 (for January 1, 2010 -March 31, 2010 activity), and July 10, 2010 (for April 1, 2010 -June 30, 2010 activity). As a condition of final payment, the local commission must submit, and ICRC must have received, all cases no later than July 15, 2010. 2 11. Training. The State and Local commissions will cooperate in planning, sponsoring, and conducting necessary complaint processing training for staff and commissioners. 12. This contract recognizes the 300 -day filing period for initial complaints, (except for the 2008 amendments regarding minors and people with disabilities) 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. If required by your local protocol, separate signature lines have been provided for your Mayor and Commission Chair. Director, Waterloo Commission on Human Rights Date ILA/ at -e9 (5 D(D Mayor Date Director, ICRC Date The following summarizes the payment schedules• Intake Employment cases -within 30 days of filing $50 Less than 2 1/2 years old $25 More than 2 1/2 years old $15 Resolutions Less than one year $100 More than one year, less than 2 /2 years $75 More than 2 1/2 years $25 3