HomeMy WebLinkAbout02-07-2020 Civil Service CommissionAGENDA
CIVIL SERVICE COMMISSION
Friday, February 7, 2020
3:30 PM
Helling Conference Room
(Lobby Conference Room)
City Hall
410 E. Washington St.
Iowa City, IA
1. Fix time and place for hearing of Terry Tack
appeal
2. Procedural issues for upcoming hearing
a. Advance information requests from
Commission
b. Issuance of subpoenas
c. Sequestering of witnesses
d. Use of court reporter
e. Attorney for Commission
f. Other matters
3. Police Chief Recruitment
If you will need disability -related accommodations in
order to participate in this program/event, please
contact Karen Jennings, Human Resources at 319-
356-5025 or karen-lenningsa()iowa-city.orq. Early
requests are strongly encouraged to allow sufficient
time to meet your access needs.
CITY OF 1 O WA CITY
MEMORANDUM
Date: February 6, 2020
To: Civil Service Commission
From: Karen Jennings, Human Resources Administrator
Re: Termination appeal hearing
Police Officer Terry Tack has appealed the termination of his employment to this Commission.
Pursuant to Iowa Code §400.23, the Commission shall, within ten days of the filing of the
specification of charges, fix the time, place, and date of the hearing, which shall not be less than
five nor more than twenty days after the Commission sets the hearing. The Commission shall also
notify the parties in writing of the time and place so fixed, and the notice shall contain the
specification of charges. To meet this provision, the hearing must be scheduled between February
12 through February 27, inclusive. Please review your availability during this timeframe in
preparation for the February 711 meeting.
City staff will be available at your February 711 meeting to discuss any other procedural matters
related to this appeal.
Thank you.
BEFORE THE CIVIL SERVICE COMMISSION
IOWA CITY, IOWA
IN RE: )
Case No,
APPEAL OF TERRY TACK )
NOTICE OF APPEAL
)
Terry Tack, by and through the undersigned counsel, hereby appeals his termination of
employment by the Iowa City Police Department, dated on or about January 21, 2020, because
said termination lacked proper cause, lacked sufficient grounds, is arbitrary, capricious, and/or
unreasonable, is inconsistent with Iowa Code Chapter 80F (2019), the Americans with Disabilities
Act, due process, and his other procedural and substantive tights afforded by law. Mr. Tack
reserves the right to amend or otherwise modify his notice of appeal at a later date.
WHEREFORE, Terry Tack requests the Commission to reverse his termination, after an
opportunity to be heard, and any other relief available.
Terry Tack
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SMITH MILLS
SCHROCK BLADES P.C.
Skylar 1. Limkernann ATOO12324
H 8 3`d Ave SE, Suite 200
P. 0. Box 36
Cedar Rapids, IA 52406-0036
Telephone: (319) 286-1743
Fax: (319) 286-1748
Email: slimkemann@smithmillslaw.com
ATTORNEY FOR TERRY TACK
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BEFORE THE CIVIL SERVICE COMMISSION FOR IOWA CITY. IOWA
IN RE: )
THE DISCIPLINARY DISCHARGE OF )
OFFICER TERRY TACK )
CITY'S SPECIFICATION OF CHARGES
APPELLANT )
V. )
CITY OF IOWA CITY, IOWA, )
IOWA CITY POLICE DEPARTMENT, and ) --
JODY MATHERLY, POLICE CHIEF, ) -
APPELLEES )
COMES NOW the City of Iowa City, Iowa, the Iowa City Police Department and Jody 1
Matherly, Police Chief, Appellees in the above -referenced matter, and hereby specify the charges
and grounds upon which Officer Terry Tack (hereinafter, "Officer Tack") was terminated,
summarizing as follows:
1. Officer Tack, while off duty, spent the afternoon and evening hours of November 24,
2019 consuming alcohol at three local bars. After consuming alcohol to the point of
intoxication, he chose to drive his vehicle home. While driving, he hit a utility pole at
approximately 10:05 p.m. The collision caused significant damage to both the utility pole
and his vehicle.
2. Officer Tack then backed his vehicle away from the pole, back onto the street, and fled
the scene as neighbors exited their homes to investigate the crash. He did not leave his
contact information or otherwise contact the owner of the utility pole about the damage
he had caused.
3. The next day Officer Tack called fellow Iowa City Police Officer Ian Alke and requested
that Officer Alke assist by writing up an accident report, saying, "I need your help. I hit
something with my car." Officer Alke asked Officer Tack if he had hit a person the night
before. Officer Tack responded that he had not.
4. Officer Alke, who was on duty, met Officer Tack, who was off duty, at a location near 500
S. Governor, Officer Tack reported to Officer Alke that he had found a piece of his
bumper near that location, and that he had hit a large rock adjacent to the roadway.
Officer Tack asked Officer Alke to prepare an accident report. Damage to Officer Tack's
vehicle totaled approximately $7,000 according to Abra Auto Body shop.
5. Although there was significant damage to Officer Tack's vehicle, with much of his front
bumper assembly and neighboring parts missing, none of the missing parts were found
next to the rock. Nor was there any disturbance to the leaves present near the rock, or
obvious evidence that the rock had been recently struck or disturbed.
6. Officer Alke told Officer Tack that he would do the report for him and mentioned that
"they are going to ask why you waited until now°, to which Officer Tack responded, "he
didn't need to". Officer Alke recalled Officer Tack saying that he didn't need to report the
collision right away because it was a property damage collision and nobody was hurt.
7 Officer Alke completed the report, indicating Officer Tack had struck the rock (not the
pole), and submitted it at the police department, calling it to the attention of Lt. Kevin
Heick. Officer Alke does not normally call accident reports to the attention of his Lt., but
considered this report a "big deal."
8. Lt. Heick reviewed calls for service from the prior night, went to the scene of the rock,
and the scene of the utility pole, and found an abundance of wreck debris at the utility
pole consistent with Officer Tack's vehicle, and the damage it had sustained. Lt. Heick
reported the matter to Chief Matherly, Captain Bill Campbell, and Lt. Zach Diersen.
9, Lt. Diersen spoke with Officer Tack via telephone call to follow up. In that call, Officer
Tack reported that he had looked down, veered off the road, and struck the rock on S.
Governor.
10. The Iowa State Patrol was brought in to do their own investigation, given the
circumstances. They confirmed that Officer Tack had struck the utility pole, not the rock,
and charged him with Striking Fixtures Upon a Highway. Officer Tack has since pleaded
guilty to that charge.
11. Upon being interviewed, Officer Tack stated that he did not remember being at the third
bar, how he got home, or what he hit with his vehicle. When asked whether he didn't
remember as a result of medication or any medical condition, he answered no. He
acknowledged he did not remember details of the evening because of the alcohol he had
consumed.
12. Officer Tack drove his vehicle home in a state of such intoxication that he did not
remember much of the evening, including matters that would be memorable, like striking
a utility pole head-on. Operating While Intoxicated is a violation of Iowa Code section
321J2, and poses a significant danger to the public.
13, Officer Tack did not act with the integrity required of police officers. He told Officer Alke
several times that he did not remember what he struck yet said he knew he did not hit a
person. Officer Tack also told Officer Alke that if asked why he waited to report it, his
response would be he didn't need to report it right away because it was only property
damage and nobody was hurt. He then told Lt. Diersen that he looked down, veered off
the road, and struck the rock on S. Governor. He then told Trooper Snedden that he did
not remember what he hit or where. Officer Tack did not hit the rock. It is not consistent
for Officer Tack to remember not hitting a person while at the same time not
remembering what he hit or where, yet then give a different detailed version of the crash
to a supervisor. At least one of Officer Tack's statements was false.
14. Under Giglio v. United States (405 U.S. 150 (1972)) and its progeny, a lack integrity on
the part of a police officer (or other prosecution witnesses) results in an obligation of
prosecuting attorneys to disclose the lack of integrity to defense counsel, who may use
that lack of integrity to attack the credibility of the police officer. Johnson County
Attorney Janet Lyness discussed this matter with Chief Matherly, and confirmed there
would be Giglio issues with Officer Tack should he remain employed as a peace officer
15. The ICPD's internal affairs investigation concluded that Officer Tack violated numerous
ICPD Rules and Regulations, as follows:
a. ICPD RULES AND REGULATIONS — 305 —OBEDIENCE TO LAWS AND
REGULATIONS: Officer Tack spent the afternoon and evening of November24,
2019 consuming alcohol at three local bars. After consuming alcohol to the -point j. t
of intoxication he chose to drive his vehicle, striking a utility pole on his way,.-
344i
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home. His level of Intoxication caused his memory of portions of the day and the
drive home to be vague or non-existent. Officer Tack drove his vehicle in
violation of Iowa Code 321J.2, Operating While Intoxicated.
b. ICPD RULES AND REGULATIONS — 310.02 — DEPORTMENT: Officer Tack
drank to the point of intoxication on November 24, 2019 and was involved in a
crash while driving home. The Iowa City Police Department takes enforcement
of laws affecting the safety of the public very seriously and in particular the laws
regarding Operating While Intoxicated.
c. ICPD RULES AND REGULATIONS — 310.05 — INTEGRITY: On the day of the
report Tack told Alike he didn't hit a person but then stated he didn't remember
what happened. During his interview for this investigation and when speaking
with Trooper Snedden Tack maintained he doesn't remember what he hit or
where. But, when speaking with Lt. Diersen he said he looked down, veered and
struck the rock on Governor. When confronted with information which pointed to
him as the person who struck the pole on E. Benton Street, he acknowledged it
was likely him.
d. ICPD RULES AND REGULATIONS — 310.06 —RESPECT FOR THE LAW:
Officer Tack drank to the point of intoxication and then drove his vehicle in that
condition, violating the law.
16. In so doing, Officer Talc also violated Iowa City Personnel Policies as follows:
a. City of Iowa City Personnel Policies Section 8.2(c), "Violation of City policies
including but not limited to Personnel policies, Administrative Regulations, the
City of Iowa City's Substance Abuse Policy, and/or the City's Drug and Alcohol
Policy; violation of departmental rules, or any other rules, policies, or regulations
issued by the City."
b. City of Iowa City Personnel Policies Section 8.2(I), "Lying or providing false or
inaccurate information, either verbally or in writing;..."
c. City of Iowa City Personnel Policies Section 8.2(q), "Illegal activities and/or
conviction of a crime that is closely or directly related to the ability of employees
to perform their job effectively or is otherwise job related..."
On January 21, 2020, Officer Tack was discharged from employment with the Iowa City
Police Department for misconduct based on the above.
Respectfully
/}submitted.
d Matherty, Chief
I City Police Department:
Original: Iowa City City Clerk
copy-. Skylar Limkemann
Attorney for Appellant
CITY OF 1 O WA CITY
MEMORANDUM
Date: February 6, 2020
To: Civil Service Commission
From: Karen Jennings, Human Resources Administrator
Re: Police Chief Recruitment
Police Chief Jody Matherly has announced his intention to retire in the coming weeks and, as a
result, we must begin the selection process to hire his successor.
Human Resources staff has consulted with the City Manager to discuss the most efficient and
effective method for recruiting a new Police Chief and the following process is being
recommended:
Recruitment information will be posted on a Police Chief Recruitment page on the City's
website and on the City's job posting site and the position will be advertised through the
following:
a. International Association of Chiefs of Police
b. Iowa Association of Chiefs of Police
c. International City/County Management Association
d. Hispanic American Police Command Officers Association
e. National Organization of Black Law Enforcement Execs
f. National Association of Women Law Enforcement Execs
g. Iowa League of Cities
h. Govtjobs.com
i. City media release
j. Email notification to the City job notification subscribers
2. A detailed recruitment brochure will be made available from Human Resources and the
Police Chief recruitment webpage. All candidates will be required to complete online City
of Iowa City employment application, a resume, and cover letter by the application
deadline. We anticipate accepting application materials over an approximately 5-week
period.
3. Following the deadline, candidate materials will be reviewed by Human Resources staff
and the City Manager's Office. Questionnaires will be sent to a selected group of
applicants with a deadline for response. After reviewing the questionnaire responses, the
City Manager will select a group of semi-finalist candidates.
4. A selection committee will be appointed by the City Manager. If the Commission wishes
to be represented in the process, the Commission may appoint a member to the selection
committee. Other City Manager appointees may include law enforcement professionals,
community members, representatives from City Boards and Commissions and other
stakeholder group representatives. This group may be split into two interview panels that
will hold private interviews with each semi-finalist candidate. A community tour and
discussion with a representative of the City Manager's Office and a Council Member or
two will also be conducted. After receiving feedback from those involved in the process,
the City Manager will announce one or more finalist candidates.
February 6, 2020
Page 2
5. Reference checks and criminal background checks will be completed at an appropriate
time in the process and additional interviews and opportunity for public comment may be
added.
6. The process will result in the creation of a recommended hiring list for Civil Service
Commission certification from which the City Manager will make an appointment subject
to City Council approval.
We anticipate completing the process in time for a summer appointment, although timeframes are
subject to change.
Thank you.