EQUAL OPPORTUNITIES COMMISSION
CITY OF MADISON
210 monona avenue
Silver Dollar Bar
RECOMMENDED DECISION - DEFAULT ORDER
Case No. 3091
A complaint was filed with the Madison Equal Opportunities Commission (MEOC) on March 19, 1982, alleging discrimination on the basis of national origin/ancestry in regard to public accommodations.
Said complaint was investigated by MEOC Investigator/Conciliator Mary Pierce and an Initial Determination dated November 19, 1982 was issued concluding that no probable cause existed to believe that discrimination was occurring or had occurred as alleged.
Subsequent to an appeal by the Complainant of said Initial Determination, an "Order from Examiner's Review of Initial Determination" dated January 27, 1983 was issued reversing the conclusion of no probable cause and entering a conclusion of probable cause.
The case was then referred to conciliation and Acting Conciliator James C. Wright. Conciliation failed or was waived and the case was next certified to hearing.
A prehearing conference was scheduled for April 28, 1983 at 2:00 p.m. (see the "Scheduling Order" dated April 14, 1983). The Complainant appeared in person at said prehearing conference. The Respondent did not appear (by its attorney or otherwise). After determining that the Respondent had received proper and adequate notice of said prehearing conference, and based upon the sufficiency of the Complainant's allegations to state a violation under Sec. 3.23, Madison General Ordinances, the Examiner enters the following Recommended Decision - Default:
RECOMMENDED FINDINGS OF FACT - DEFAULT
RECOMMENDED CONCLUSIONS OF LAW - DEFAULT
RECOMMENDED ORDER - DEFAULT
Dear Mr. Duarte:
On behalf of the Silver Dollar Bar, we apologize for the discriminatory treatment you have received here in the past. We further assure you that we will in the future comply with the provisions of the Madison Equal Opportunity Ordinance (Sec. 3.23, Madison General Ordinances) and will treat persons of Cuban and all other national origins in a fair and non-discriminatory manner.
William Teasdale and all employees who work at the Silver Dollar Bar
The Respondent's failure to attend the prehearing scheduled for April 29, 1983 was inexcusable and contemptuous behavior in light of the following information present in the Commission case file:
Further, an EOC Secretary (Cordia Taylor) telephoned Attorney Einum at approximately 2:30 p.m. on April 28, 1983 (which was approximately one-half hour after the prehearing conference had been scheduled to begin) and was informed by Attorney Einum that he would not be attending the prehearing conference.
The Examiner finds that the Respondent received proper and adequate notice of the prehearing conference,1 and that the failure of the Respondent to attend (by representative or otherwise) entitles the Complainant (based on the sufficiency of the Complainant's allegations to state a violation under Section 3.23, Madison General Ordinances) to a default order in the Complainant's favor.
Signed and dated this 10th day of May, 1983.
EQUAL OPPORTUNITIES COMMISSION
Allen T. Lawent
1. The certified receipt alone is usually sufficient to establish proper and adequate notice to a party.