HomeMy WebLinkAbout03-18-2020 Civil Service CommissionAgenda
Civil Service Commission
Wednesday, March 18, 2020
8:15 AM
Helling Conference Room
(Lobby Conference Room)
City Hall
410 E Washington St
Iowa City, IA
1. Fix time and place to reopen Terry Tack Appeal
Hearing
2. Certification of Promotional Lists for the positions
of Fire Lieutenant, Fire Captain, Fire Battalion
Chief and Fire Deputy Chief
3. Certification of Promotional Lists for the positions
of Police Sergeant, Police Lieutenant and Police
Captain
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-iennings65�iowa-city.org. Early
requests are strongly encouraged to allow sufficient
time to meet your access needs.
Tracy Robinson
From:
Karen Jennings
Sent:
Friday, March 06, 2020 12:20 PM
To:
'Melissa Jensen';'rwyss@mchsi.com'
Cc:
Tracy Robinson
Subject:
FW; Terry Tack Civil Service Proceeding Follow Up
Commissioners,
Please see the following correspondence submitted regarding the Tack appeal hearing,
Thank you.
Karen
From: Eric Goers
Sent: Thursday, March 05, 20201:46 PM
To: Karen Jennings <Karen-Jennings@iowa-city.org>;'Skylar Limkemann' <slimkemann@smithmillslaw.com>
Cc: mkennedy@kcfglaw,com
Subject: RE: Terry Tack Civil Service Proceeding Follow Up
Karen,
Thanks for the reminder, Chief Matherly is not available the week of March 30-April 3'd (Skylar indicated he's not either),
but just in case Skylar's case falls out, I thought I should pass on that Chief Matherly isn't either.
Eric Goers
Assistant City Attorney
410 East Washington Street
Iowa City, IA 52240
319-356-5030
319-356-5497 Fax
eric-goers@ Iowa -city, ore
t ! I
m• r1e�o
CM OF IOWA CITY
UNEXO CITY Or till RANG[
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the
Internet, the City Attorney's office cannot assure that such messages are secure. You should be careful in transmitting
information to the City Attorney's Office that you consider confidential. If you are uncomfortable with such risks, you
may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do
not wish to communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will
assume you assent to such communication. This message is covered by the Electronic Communication Privacy Act, 18
U.S.C. Sections 2510-2515, is intended only for the use of the person to whom it is addressed and may contain
information that is confidential and subject to the attorney -client privilege. It should not be forwarded to anyone else
without consultation with the originating attorney. If you received this message and are not the addressee, you have
received this message in error, Please notify the person sending the message and destroy your copy. Thank you.
From: Karen Jennings
Sent: Thursday, March 5, 2020 7:02 AM
To:'Skylar Limkemann'
Cc: Eric Goers; mkennedv@kcfglaw.com
Subject: RE: Terry Tack Civil Service Proceeding Follow Up
Good morning,
I will be in contact with the Commission regarding next steps. With regard to the scheduling limitations provided, I will
assume that your availability also reflects the availability of your clients unless you Inform me otherwise.
Thanks,
Karen
From: Skylar Limkemann[mailto:slimkemann@smithmillslaw.com]
Sent: Wednesday, March04, 20204:41 PM
To: Karen Jennings
Cc: Eric Goers; mkennedy@kcfelaw.com
Subject: Terry Tack Civil Service Proceeding Follow Up
A
Dear Karen,
Good afternoon. Eric and I spoke earlier today regarding Mr. Tack's pending civil service commission appeal. Our
understanding is that we should confer regarding our schedules and the hearing in this matter. Eric asked me to
send an email to you, Mr. Kennedy, and I've copied him as well. Eric believes that one day should be sufficient
for the hearing; I believe 1.5 days should be sufficient.
As far as calendars for scheduling, Eric asked me to convey that he is not available the week of March 23-27th. I
have a jury trial scheduled March 30-April 3 (if this falls out I may have availability the last week of March but
TBD). I have availability April 7-91h. Eric indicated he Is also available on the 8-9" (1 did not ask him about April
71h). I also have potential availability on April 15-16'h for the hearing. I am not available the week of April 20-241h.
If we had to move this back as far as the last week of April, there is a slight possibility I could move things around
in my calendar, although I am supposed to be out of state for a client that week.
As to exhibits and witnesses, Eric and I have discussed this briefly. I am working on narrowing down my witness
list. We have discussed stipulations and that likely will influence witnesses. Eric and I will be discussing this
further.
Hopefully, I am not missing anything that the Commission inquired about. Eric, please feel free to add to this or
clarify anything.
Thank you,
Skylar J. Limkemann
SENIOR ATTORNEY
SM1.°.I.H, MILLS&SCHR.00K I...aAW
;:t'."��'��� S�st9tH f.!!f,t`:':CtiF!t7CK 43p.AGl•S °�..
118 Third Ave SE, Suite 200
Cedar Rapid
0: (319) 286-1743 ext 111
www.smithmillslaw,com
C:(319)89S
The information transmitted by this e-mail is confidential and is intended only for the use of the above named
individual if the reader of this message is not the intended recipient, please be advised that your dissemination,
distribution, copying or other use of this enaall is improper. If you have received this email in error. please notify
me immediately. Receipt by any person or entity other than the intended recipient does not constitute waiver, or
loss of the confidential or privileged nature of this communication. Any review, dissemination, copying.
resubmission, transfer. or distribution in any form by any person or entity other than the intended recipient is
strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete any and
all copies of this communication and any attachments. Failure to abide by these provisions will result in legal and
equitable action taken against you, as identified in 18 U. S.C. §§ 2520-21.
Tracy Robinson
From: Karen Jennings
Sent: Friday, March 06, 2020 12:24 PM
To: 'Melissa Jensen'; ' wyss@mchsi.com'
Cc: Tracy Robinson
Subject: FW: Terry Tack Civil Service Proceeding Follow Up
Attachments: Appellant's Witness List, Essence of Testimony, Statement of Facts 3 4 20.pdf
Commissioners,
Please see the following correspondence and attached information submitted regarding the Tack appeal hearing.
Thank you,
Karen
From: Skylar Limkemann [mailto:slimkemann@smithmillslaw.com]
Sent: Wednesday, March 04, 202010:30 PM
To: Karen Jennings <Karen-Jennings@iowa-city.org>
Cc: Eric Goers <Eric-Goers@Iowa-city.org>; mkennedy@kcfglaw.com
Subject: Re: Terry Tack Civil Service Proceeding Follow Up
Dear Karen,
Please find the essence of testimony, statement of facts, and witness list on behalf of Mr. Tack for submission
to the Commission. As indicated earlier and at the meeting, I'm reserving the right to make amendments and
modifications. With stipulations and other matters that may come up, this may change by the time we get to
hearing, depending on when that is.
Additionally, Mr, Tack requests that the City Council to appoint a third member to the Commission prior to the
hearing in this matter and that the hearing is not held without having a full 3-person Commission in place.
Skylar Limkemann
Senior Attorney
Smith Mills Schrock Blades
319-899-8040
From: Karen Jennings
Sent: Wednesday, March 4, 20204:46 PM
To: Skylar Limkemann
Cc: Eric Goers; mkennedv@kcfalaw.com
Subject: RE: Terry Tack Civil Service Proceeding Follow Up
Thank you. The Commission also directed that witness lists including essence of testimony and statements of facts were
to be provided within 14 days of the February 191h hearing which is today.
Karen
From: Skylar Limkemann [mailto:sllmkemann@smithmillslaw.com]
Sent: Wednesday, March 04, 20204:41 PM
To: Karen Jennings
Cc: Eric Goers; mkennedv@kcfglaw.com
Subject: Terry Tack Civil Service Proceeding Follow Up
A
Dear Karen,
Good afternoon. Eric and I spoke earlier today regarding Mr. Tack's pending civil service commission appeal. Our
understanding is that we should confer regarding our schedules and the hearing in this matter. Eric asked me to
send an email to you, Mr. Kennedy, and I've copied him as well. Eric believes that one day should be sufficient
for the hearing; I believe 1.5 days should be sufficient.
As far as calendars for scheduling, Eric asked me to convey that he is not available the week of March 23.271h. 1
have a Jury trial scheduled March 3D-April 3 (if this falls out I may have availability the last week of March but
TBD). I have availability April 7-91h. Eric indicated he is also available on the 8-91h (I did not ask him about April
711). 1 also have potential availability on April 15-161h for the hearing. I am not available the week of April 20-2411.
If we had to move this back as far as the last week of April, there is a slight possibility I could move things around
in my calendar, although I am supposed to be out of state for a client that week.
As to exhibits and witnesses, Eric and I have discussed this briefly. I am working on narrowing down my witness
list, We have discussed stipulations and that likely will influence witnesses. Eric and I will be discussing this
further.
Hopefully, I am not missing anything that the Commission inquired about. Eric, please feel free to add to this or
clarify anything.
Thank you,
Skylar J. Limkemann
SENIOR ATTORNEY
:SMITI-I, MILLS&SCHROCK LAW
' _INSE' SkMUTI'I WIIIi ; ':CH:O K :100n; f"C'
118 Third Ave SE, Suite 200
0: (319) 286-1743 ext 111
www,smithmillslaw.com
112 SO'
y, { k.l
Cedar Rapid
C: (319) 899
The information transmitted by this e-mail is confidential and is intended only for the use of the above named
individual. If the reader of this message is not the intended recipient, please be advised that your dissemination,
distribution, copying or other use of this email is improper. If you have received this email in error, please notify
me immediately. Receipt by any person or entity other than the intended recipient does not constitute waiver or
loss of the confidential or privileged nature of this communication. Any review, dissemination, copying,
resubmission, transfer, or distribution in any form by any person or entity other than the Intended recipient is
strictly prohibited. If you are not the Intended recipient, please notify the sender immediately and delete any and
all copies of this communication and any attachments, Failure to abide by these provisions will result in legal and
equitable action taken against you, as Identified in 18 U.S.C. 341520-21.
Disclaimer
The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and
others authorized to receive it. If you are not the redolent, you are hereby notified that any disclosure, copying, distribution or
taking action In relation of the contents of this information Is strictly prohibited and may be unlawful.
BEFORE THE CIVIL SERVICE COMMISSION
IOWA CITY, IOWA
IN RE: )
APPEAL OF TERRY TACK ) APPELLANT'S WITNESS LIST,
ESSENCE OF TESTIMONY &
STATEMENT OF FACTS
Appellant, Terry Tack, by and through his undersigned attorney, hereby submits his
Witness List, Essence of Testimony & Statement of Facts for the Civil Service Commission, in
addition to the general facts set forth in his hearing exhibits, as follows:
WITNESSES, ESSENCE OF TESTIMONY & FACTS
I. Terry Tack
Officer Tack is generally anticipated to testify regarding the facts and
circumstances, including his background, education, experience, disciplinary
action and process, medical issues and disabilities, medical treatment,
communications with management and other officers, mitigating facts, drinking
alcohol, traumatic incidents at work as an officer, and regarding matters referenced
in the exhibits.
2. Dr. Adam Woods of Psychiatric Associates, North Liberty
Dr. Woods is a licensed physician who specializes in psychiatric medicine. Dr.
Woods is Officer Tack's treating physician and will testify in person and/or through
medical records, reports, and documents previously exchanged or to be received
and exchanged. His testimony is anticipated to address Officer Tack's history,
work -related facts, including the effect of experiencing repeated traumatic events
as a police officer, burnout, treatment, medical opinions regarding diagnosis,
causation, impairment, prognosis, accommodations, and explanation of Officer
Tack's conditions and disabilities within a reasonable degree of medical certainty.
Dr. Woods is also anticipated to testify regarding alcohol and the effect on memory,
studies and literature, including from the American Journal of Medicine, and to
explain the facts and circumstances from the medical perspective related to the
pending disciplinary action and punishment against Officer Tack, He will also
testify regarding matters contained in the exhibits, including prior treatment records
of Officer Tack.
3. Amanda Goodrich, LMH, CADC, Integrated Community Therapists
Ms. Goodrich is anticipated to testify regarding her treatment of Officer Tack, in
addition to his conditions and medical records. Ms. Goodrich may testify regarding
matters covered in the exhibits and within her training, education, and experience.
4. Officer Colin Fowler, Union Steward
This witness is anticipated to testify regarding the facts and circumstances of the
investigations and disciplinary process, his participation in the process as a union
representative of Officer Tack, communications with management, labor matters
with the City, including the collective bargaining agreement and policies,
knowledge of Officer Tack, employer/labor relations, officer disciplinary history
and past practices, and other information relevant to Officer Tack's defenses,
2
including to his communications and conversations with or regarding Officer Tack,
including to any conditions or perceived disabilities, and suggestions of issues with
alcohol. This witness will also testify regarding matters contained or referenced in
the exhibits.
5. Jody Matherly, Chief of Police
This witness is anticipated to testify regarding the disciplinary matter at issue
including the process, background details, and history, including action against
another officer under his tenure who had substance abuse issues, was not criminally
charged, and the discipline Chief Matherly imposed, which did not include
termination, as well as matters contained or referenced in the exhibits.
6. Officer Andy Rich, Union President
This witness is anticipated to testify regarding the facts and circumstances of the
investigations and disciplinary process, communications with management, labor
matters with the City, including the collective bargaining agreement and policies,
knowledge of Officer Tack, employer/labor relations, officer disciplinary history
and past practices, and other information relevant to Officer Tack's defenses. This
witness will also testify regarding matters contained in the exhibits.
7. Jon Thomas, Workforce Solutions
This witness is anticipated to testify regarding standards and best practices for
formal administrative investigations, deficiencies in management's investigation of
Officer Tack, process issues, similarly situated officers from across Iowa and
punishment for related policy violations, his training, education, and experience
3
serving as an investigator, representative, and as an ultimate decisionmaker in
employee discipline matters, including as a Chief of Police, as well as expert
opinions as a certified Force Science Analyst, including as to human memoryissues
and the cognitive interview, as well as the literature supporting it, and integrity
issues. Additionally, this witness is anticipated to testify regarding policy failures
and mitigating information consistent with Officer Tack's defenses on the merits
of the alleged conduct, as well as matters contained within the exhibits.
8, Officer Mike Smithey, Union Steward
This witness is anticipated to testify regarding the facts and circumstances of the
investigations and disciplinary process, his participation in the process as a union
representative of Officer Tack, communications with management, labor matters
with the City, including the collective bargaining agreement and policies,
knowledge of Officer Tack, employer/labor relations, officer disciplinary history
and past practices, and other information relevant to Officer Tack's defenses,
including to his communications and conversations with or regarding Officer Tack,
including to any conditions or perceived disabilities, and suggestions of issues with
alcohol. This witness will also testify regarding matters contained in the exhibits.
9, Officer Ian Alke, Iowa City Police Department
This witness is anticipated to testify regarding his involvement in the investigations,
contact with Officer Tack, knowledge of alcohol abuse, participation in the
disciplinary process, communications with management, labor matters with the
City, including the collective bargaining agreement and policies, knowledge of
4
Officer Tack, employer/labor relations, officer disciplinary history and past
practices, and other information relevant to Officer Tack's defenses. This witness
will also testify regarding matters contained or referenced in the exhibits.
10. Captain Denise Brotherton, Iowa City Police Department
This witness is anticipated to testify regarding the facts and circumstances within
her knowledge as a Captain, including as to the investigations, communications
with other members of management, the Union, and third -parties, past disciplinary
practices, employer/labor relations, department policies and past practices,
supervision and training matters, and other information relevant to Officer Tack's
defenses, such as mitigating facts. This witness is also anticipated to testify
regarding the disciplinary matter at issue including the process, background details,
and history, as well as matters contained in exhibits.
11. Lieutenant Kevin Heick, Iowa City Police Department
This witness is anticipated to testify regarding the facts and circumstances within
his knowledge as a Lieutenant, including as to his role in the investigations.
communications with other members of management, the Union, and
communications with Officer Tack, past disciplinary practices, performance
appraisals, employer/labor relations, department policies and past practices,
supervision and training matters, and other information relevant to Officer Tack's
defenses, such as mitigating facts his knowledge of Officer Tack. This witness is
anticipated to testify regarding matters contained in exhibits.
12. Lieutenant Zach Diersen, Iowa City Police Department
5
This witness is anticipated to testify regarding the facts and circumstances within
his knowledge as a Lieutenant, including as to his role in the investigations,
communications with other members of management, the Union, and
communications with Officer Tack, including on November 25, 2019, past
disciplinary history and practices, performance appraisals, employer/labor
relations, department policies and past practices, supervision and training matters,
and other information relevant to Officer Tack's defenses, such as mitigating facts
and his knowledge of Officer Tack. This witness is anticipated to testify regarding
matters contained in exhibits.
13. Sergeant Jorey Bailey, Iowa City Police Department
This witness is anticipated to testify regarding the facts and circumstances within
his knowledge as a Sergeant, including as to his role in the investigations,
communications with other members of management, the Union, and
communications with Officer Tack, including regarding instances of tardiness,
performance appraisals, past disciplinary history and practices, employer/labor
relations, department policies and past practices, supervision and training matters,
and other information relevant to Officer Tack's defenses, such as mitigating facts
and his knowledge of Officer Tack. This witness is anticipated to testify regarding
matters contained in exhibits,
14. Officer Darin Zacharias, Iowa City Police Department
This witness is anticipated to testify regarding his knowledge and experience in
working with Officer Tack, including providing information regarding perceived
6
conditions and disabilities, and communications he had with Officer Tack
regarding getting help and a motor vehicle collision. He is anticipated to testify
regarding communications he had with other members of the department and third -
parties, past disciplinary practices, employer/labor relations, and other information
relevant to Officer Tack's defenses, such as mitigating facts, plus his role in this
matter and communications with command staff, including Chief Matherly. This
witness is anticipated to testify regarding matters contained or referenced in the
exhibits.
15. Captain Bill Campbell, Iowa City Police Department
This witness is anticipated to testify regarding the facts and circumstances within
his knowledge as a Captain, including as to the investigations, communications
with other members of management, the Union, and third -parties such as the Iowa
State Patrol, past disciplinary practices, employer/labor relations, department
policies and past practices, supervision and training matters, and other information
relevant to Officer Tack's defenses, such as mitigating facts. This witness is also
anticipated to testify regarding the disciplinary matter at issue including the
process, background details, and history, as well as matters contained or referenced
in the exhibits.
16, Sergeant Paul Batcheller, Iowa City Police Department
This witness is anticipated to testify regarding the facts and circumstances within
his knowledge as a Sergeant, including as to his role in supervising Officer Tack,
knowledge of alcohol issues, communications with other members of management,
7
the Union, and communications with Officer Tack, including regarding instances
of tardiness, performance appraisals, past disciplinary history and practices,
employer/labor relations, department policies and past practices, supervision and
training matters, and other information relevant to Officer Tack's defenses, such as
mitigating facts and his knowledge of Officer Tack. This witness is anticipated to
testify regarding matters contained in exhibits.
17. Officer Becki Sammons, Iowa City Police Department
This witness is anticipated to testify regarding her knowledge and experience in
working with Officer Tack, including providing information regarding perceived
conditions and disabilities. She is anticipated to testify regarding communications
she had with other members of the department, past disciplinary practices,
employer/labor relations, and other information relevant to Officer Tack's
defenses, such as mitigating facts. This witness is anticipated to testify regarding
matters contained in the exhibits.
18. Officer Ashley Jay, Iowa City Police Department
Officer Jay is anticipated to testify generally regarding the peer support program
and matters within her training, experience, and expertise as a certified peer support
officer, including red flags. She may also testify regarding her knowledge and
experience in working with Officer Tack, excluding any information that is
confidential and privileged due to the peer support privilege.
19. Wayne Jerman, Chief of Police, City of Cedar Rapids (or designee)
This witness is anticipated to testify live or via prior sworn testimony regarding his
8
training, education, and experience concerning employee disciplinary matters,
including regarding similarly situated employees and how the City of Cedar Rapids,
the second largest municipal police department in the state, has handled officers
who had perceived disabilities or issues with alcohol, including disciplinary action
and punishment for similar policy violations. This witness is anticipated to testify
that the City of Cedar Rapids has had officers who have struggled with alcohol
issues, including who committed the offense of Operating While Intoxicated
(OWI), First Offense, whether charged or uncharged, and whom were not
terminated from employment, and the punishment imposed included a suspension
rather than termination. This witness is anticipated to also testify regarding matters
contained or referenced in the exhibits, including the policy failures applicable to
this case, standards, such as CALEA, and recognized best practices for employee
disciplinary matters,
Officer Tack reserves the right to amend or modify his list or the scope/essence of
testimony, and to call any witness designated, listed, or called by City of Iowa City, in addition to
any witness necessary for rebuttal or impeachment purposes. The above summaries are not
intended to be all inclusive and are for general information purposes only; Officer Tack and his
counsel do not have access to many of the above witnesses as the City is represented by counsel
and it is impossible to predict how the testimony will come in at hearing. Officer Tack requests
the Commission to schedule one and one-half days for the hearing in this matter.
G1
SMITH MILLS
SCHROCK BLADES P.C.
Skylar J. Limkemann AT0012324
118 3`d Ave SE, Suite 200
P. O. Box 36
Cedar Rapids, IA 52406-0036
Telephone: (319) 286-1743
Fax: (319) 286-1748
Email: slimkemannnsmithmillslaw.com
ATTORNEY FOR APPELLANT
TERRY TACK
Copes:
Eric Goers
Assistant City Attorney
Iowa City Attorney's Office
410 East Washington Street
Iowa City, IA 52240
ATTORNEY FOR CITY OF IOWA CITY
CERTIFICATE OF SERVICE
By signing above, the attorney certifies that this document was served electronically on all
parties who receive electronic notice through email and the civil service commission on March 4,
2020.
m