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Home My WebLink About10-15-2020 Civil Service CommissionCivil Service Commission Thursday, October 15, 2020 8:30 a.m. Friday, October 16, 2020 8:30 a.m. Electronic Meeting Zoom Meeting Platform Electronic Meeting (Pursuant to Iowa Code section 21-8) An electronic meeting is being held because a meeting in person is impossible or impractical due to concerns for the health and safety of Commission members, staff and the public presented by COVID-19. You can participate in the meeting and can comment on an agenda item by going to https://zoom-us/meeting/register/tJlrdeutrz4vGNxCzqq OukMailozUfpRlqc via the Internet to visit the Zoom meeting's registration page and submit the required information. Once approved, you will receive an email message with a link to join the meeting. If you are asked for a meeting or webinar ID, enter the ID number found in the email. A meeting password may also be included in the email. Enter the password when prompted. If you have no computer or smartphone, or a computer without a microphone, you may call in by telephone by dialing (312) 626-6799. When prompted, enter the meeting or webinar ID: 966 2251 5528. Once connected, you may dial *9 to "raise your hand," letting the meeting host know you would like to speak. Providing comments in person is not an option. Notice of Hearing Before the Civil Service Commission for Iowa City, Iowa In re: The Termination of Police Officer Terry Tack 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-iennin_gs(@iowa-city.org. Early requests are strongly encouraged to allow sufficient time to meet your access needs. BEFORE ME CMIL SERVICE COMMMION f' Case No. APPEAL, OF TERRY RRY TACK NOTICE OF APPEAL Tony Tack, by and through the undersigned counsel, hereby appeals his termination of employment by the Iowa. Cif Police Department, dated on or about Janus 21, 2020., becatise said terminadon lacked .proper cause, lacked jufficint groundg, is arbitmry, capricious, and/or unreasonable, i s inconsistent nth Iowa Code Chapter 80F (2 019), ib c Amen" cans With Di Sabi IW es A4 due process, and his other p-rocedural and substantive fightsafforded law. Mr. Tack reserves the ri ght to mend or otherwise modify y hits notx ce of a.p peal at a later date. WHEREFORE, Terry Tack requests the Commission -to reverse his temina6on, after an opportunity to b o pearl and any other re) iaiIab]. Terry Tack SIWTH NnS SCHROCK BLADES _C . 118 3,d Ave SE, Suite 200 P, 0. Box 36 Cedar RapldsjA52406-0036 Telephone, 1 1 --1 4 Email: li..a.@ithmlllaw.co ATTORNEY OR TERRY TACK z I � � z0z'o r-ywi'� y _73 m J y f'nr � fLYE ' IT r, ; BEFORE THE CIVIC. SIERVICE COMMISSION FOR I WA CITY, IO A IN THE IWPLI A Y DISCHARGE OF OFFICER TERRY TACK APPELLANT V. CITY OF IOWA CITY, I WA, IOWA CITY POLICE DEPARTMENT, and JODY MATHERLY, POLICE CHIEF, C I TY' S SPECIFICATION OF CHARGES 4r •� 1 114 k5 e F Ix �'N t i 5f13.L 4 S �x � APPELLEES h �t .i Mwy#L t, 1,10 COMES NOW the Ity lows city, Iowa} tie Iowa fit PoliceDepartmentrid Materl � rJody, 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, m a ing as follows; 1 Officer Tack, while off dirty, spent the af#erno n and evening hours of November 24, 19 consumin alcohol at three local bars, After consuming alcohol to the point of Intoxication, he chose to drive his vehicle home, rile driving, he hit a v l� le at nnate y P.m. The collision caused si n cart damage to both the utility pole approxiand his vehlcie. , Officer Tact 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 riot leave his contact infor atlon or otherwise contact the owner of the utility pole about the damage he had caedt 3■ The next day Officer~ Taok called follow Iowa City Police doer Ian Ale and requested that Officer Abe assist by writingp are accident report, saying, "I need your help. I` hilt something with y cart" Officer Ale asked Officer Tack if he had hit a person the night before, Offiraer Tack responded that p � the. had not, . doer Al e, who was on duty, met Officer Tack, who was off duty, at a location near 500 S. Governor, Officer Took reported to doer Aike that he had found a piece of hf burn r near that Iocatlon a l� nd that he had hit a barge rock adjacent to the roadway. Officer Tack asked Officer Alke to prepare an accident report. Damage to Ofter Tack's vehicle totaled approximately ', 00 according to' Abra Auto Body shop. Ithoug h there was s Ig nifIca nt damage to Officer Tack's vehi le, with much of his front bumper assembly and neighboring parts missing, none of the missing parts were found next to the rook{ Nor~ was there any disturbance to the learns present near the rock, or obrrioua evidence that the rock had been recently struck or disturbed, , Officer Al a told Officer Tack that he would do the report for hithirn and mentioned that "they are going to ask why you waited until now", to which officer Tack responded, "he didn't need to", Officer Alk e recalled Officer Tack saying that he didn't need to report they collision right array because it was a property damage collision and nobody was hurt. r Alke completed the report, indicating dicer Tack he d struck the rock (not the pole), and submitted ft at the police department, calling it to the attention of Lt, Kevin Hei k, Officer Ale does not normally call aceldent reports to the attention of his U, but considered this report a "big deal." , Lt, Maack 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. Feick reported the mafter to Chief Matherly, Ca ta.ln Bill Campbell, and Lt. Zsch Diersen. . L, Diersen spore with Officer Tack vla 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 I owa 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 wlth Striking Fixtures Upon a Highway. Officer Tack has sinoe pleaded guilty to that charge, 11, poor being interviewed, Officer Tack stated that he did riot 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 condifflo ► he answered no, He acknowledged he did not remember details of the evening because of the alcohol he had consumed, 12. Officer Tack drone his vehrole home 1n a state of such into cicatron that he did not rem a ber much of the evening, including matters that would be ,memorable, like striking utility pole (read -on, Operating mile Intoxicated Is a violation of Iowa Cole section 1 J. , and poses a si nifr ant danger to the public, 13, oer Tack did not act w h the i nteg Nty req uired of police offlcer's, He told Offlc r Alke several times that he slid not remember what he struck yet said he knew he did not lit person, Officer Tack also told Officer Al a that if asked why he waited to report 11, his response would be he didn't need to report 0 right away because it was only property damage and nobDdy 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 riot re rn em ber ghat he hit or where, OM cer Tack did Trot hIt the rock, It is not consistent for Officer "rack to remember not hftfing a person while at the same time not rer'nembedng what he hit or where, yet them give a different detailed version of the cr sh to a supervisor, At least one of Officer Tack's taternents was false, 14. Under Giglio v. United dates (405 U,S. 150 1 2 and its progeny, a lank Integhty o the' part of a police officer or other prosecution witnesses) results in an obligation cf prosecuting aNtt me s to disclose the lack of I me city to defense oounsei, who may use that laok of integrity to attack the credibility of the police officer. Johnson County Attorney Janet Lyne" discussed this mafter w h 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 us ICPC Rules and Regulations, as follows., -�- .«..ra a 'rF .. fihaf �qwt a. 1 PD RULES AND REGULATIONS — 305 —OBEDIENCE TO LAWSA D: REGULATIONS,* officer Tack spent the afternoon and evening of l vemW* , 2019 con sumin a loo hol at three locaf bars. After con sumIng slo h lth"o1nt of intoxication he chose to drive his veNole, striking a utility pole home, His level of intoxication caused his memory of p rtlor s of the day and the drive home to be vague or non-existent* doer Tack drove his vehicle In viol tlon of Iowa Code 321J.2, operating While Intoxicated, b. [CPD RULES AND REGULATIONS — .o — DEPORTMENT: Officer* Tack drank to the polnt of In oAcation on N overnber 24, 2019 and was Involved rn crash while driving home, The Iowa My police Department takes enforcement f laws affecting the safety of the public gory seriously and in pall uiar the laws regarding Operating While lrrtoxioetedw c. ICPD RULES AND REGULATIONS . 310m06 —INTEGRITY: Can the day of the report Tack told Ale he Idn't hit o person but then stated hedidn't remember what happened. During his Interview for this investigation and when spearing with Trooper Snedden Tack malntalned he doesn't remember what he hit or where, But, when ,spearing vMh L,tt Diersen he said he looked ed down, veered and struck the rock on Govemor. When confronted with Information wh1 h pointed to him as the person who struck the pole on. E. Berton Street, he acknowledged it was likely him, dt 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 Tact also violated Iowa City Personnel Policies as follows; a. City of Iowa fifty Personnel Pollcles Section , o , " ioi tlon of City policies Including but not limited to Personnel policies, Administrative [regulations, the City of Iowa City`s Substance Abuse Policy, and/or the Gn's Drug and Alcohol Policy; violatiQn of d p rtrnerrtal rules, or any other rules, policies, or regulations issued by the City.' b, City of Iowa City Personnel Policies Section .2 M , "Lying or providing false or inaccurate Information, either verbally or In venting;,,," c. City of Iowa City Personnol Policies Section . , "Illegal activities and/or conviction of a crime that Is closely or directly related to the abl'Ii y of employees to perform their job effectively or is oth erMse job related. .-]p n January 21 t 2020, o cer Tack was discharged from employment with the Iowa City PoIjoe Department for misconduct based on the above, Original: Iowa Cit,r City Clerk copy,- Skyl r Lim kemann Attorney for Appellant respectfully submitted, d M hetf, Chief I City police Department_ gat � F r 4�