HomeMy WebLinkAboutIowa Civil Right Commission-Cooperative Agreement-12.22.2008 COOPERATIVE AGREEMENT -� 4O(-// g3
Between Waterloo Commission on Human Rights
IOWA CIVIL RIGHTS COMMISSION
400 E. 14th Street Des Moines, IA 50319
1. Definitions: As used in this Cooperative Agreement the following terms shall be defined as follows:
a) "Commission"means the Iowa Civil Rights Commission
b) "Fiscal year 09"means from July 1,2008 to June 30,2009.
2. Authority: In order to effectuate the purposes of the "Iowa Civil Rights Act," the Commission now enters into a
Cooperative Agreement with the Waterloo Commission on Human Rights.Iowa Code §216.19 (2001).
3. Purpose: The purpose of this Cooperative Agreement is to assist the State Commission in resolving
complaints alleging discrimination and to reduce case backlogs, without compromising quality or the integrity of
the system. The criteria and parameters set by the Agreement are designed to ensure an efficient, effective, and
coordinated State-Local civil rights enforcement program and paltuership.
4. Scope: Under this Cooperative Agreement, the Commission contracts with the Waterloo Commission on Human
Rights 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 09. There is no commitment on the part of the
Commission to contract with the Waterloo Commission on Human Rights for the resolution of complaints after
June 30,2009.
6. Total Amount: The total amount that the Commission can be required to spend,as aggregate compensation to all
contracting Local Commissions for work performed under this or other Cooperative Agreements Fiscal Year 09, 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: The Commission conditions payment for work performed under this Agreement on acceptance of
that work by the Commission. The Commission will only make payment for each case submitted in the calendar
month following acceptance of the work. An exception is made for this FY due to the'late execution of this
document. Payment will be made on cases that would have otherwise been submitted between July, 2008 and
November 30, 2008, if the cases are submitted by December 31, 2008. In the case of payment for intake services,
the Commission accepts the work when the Commission opens the case file corresponding to the intake.
8. Payment Schedule:
(a) Intakes only —The Commission intends to pay $25.00 for each intake completed which results in a
complaint cross-filed with the Commission and transmitted to the Commission for further processing.
(b)Intakes with Resolutions—
• For each complaint resolution, less than one year old from date of filing, performed by the local
commission and accepted by the Commission, the Commission intends to pay$100.00.
Resolutions include Satisfactory Adjustments, Withdrawals, Administrative Releases, and
Administrative Closures for Failure to Cooperate and Unable to Locate, No Probable Causes and
Probable Causes.
o The case must be received without a need for additional work ("Additional work"would
include any activity as determined by the Commission 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).
o Proposed. For each complaint that requires additional work, the Commission intends to
pay$25.00, rather than $100.
o 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 the Commission and determine whether the evidence indicates the
complainant would prevail.
• For each complaint over one year old,but less than 2 1/2 years old as of March 1, 2009, the
Commission intends to pay$75.00 to the local commissions. The same conditions as stated above
apply. For each complaint that requires additional work, the Commission intends to pay$25.00,
rather than the $75 amount.
• For each complaint over 2 %2 years old, as of March 1, 2009, the Commission intends to pay
$25.00
• For complaints that have a PC (probable cause) finding, the Commission will pay the full
amount regardless when submitted.
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 the Commission and to aid in effectuating the purposes of the "Iowa Civil Rights Act."
10. Reports: The local Commission agrees to submit regular reports to the Commission listing each intake and
resolution submitted for contract credit under this Agreement. Quarterly Reports are due, as applicable, on January
10, 2009(for July 1, 2008-December 31,2009 activity),April 10,2009(for January 1, 2009-March 31, 2009
activity), and July 10, 2009(for April 1, 2009-June 30,2009 activity). As a condition of final payment, the local
commission must submit, and the commission must have received, all cases no later than July 15, 2009.
11. Training.The Local Commission,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 the Iowa Code.
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Chapter 216 is the day the complaint is received by the Iowa Civil Rights Commission, 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 as well. Payment may be denied if closure papers or settlement agreements do
not include case numbers, or if any case number is not correct.
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 the Chair of
your Commission.
k)6t,j‘ONLI,,a,a 121)510R
Director, Wa o Hu n Rights Commission Date
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Mayor, City of aterloo 4230'Ie Sch m i+4F n o Y Ao Te rh Date
Director,Iowa Civil Rights Commission Date
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