Court allows former Iowa City police officer to appeal civil service commission ruling

IOWA CITY — The Iowa Supreme Court on Friday overturned an appeals court ruling concerning a former Iowa City police officer who resigned in lieu of being fired and then attempted to rescind his resignation.

The court agreed with Emilio Puente, 26, who served as an officer for three years, that he complied with the requirements for appealing an Iowa City Civil Service Commission decision. That order supported the city’s April 15, 2022, decision to not rescind Puente’s resignation when he sought to withdraw it.

Puente, in a lawsuit against the city, which he lost in April, stated he was “coerced” into resigning in February 2022 after the police chief told him he had two hours to resign or he would be fired for misconduct stemming from an investigation for his actions while breaking up a fight in downtown Iowa City in November 2021.

When the commission dismissed his complaint, Puente filed a “petition for judicial review” in Johnson County District Court on May 31, 2022, attaching the minutes from the commission’s May 5, 2022, hearing.

Review or appeal?

Sixth Judicial District Judge Chad Kepros concluded Puente’s “petition of judicial review” wasn’t a “notice of appeal,” which is required in Iowa law, and he dismissed the petition for lack of jurisdiction.

Puente delivered a copy of his petition and notice by certified mail to the commission and to the city attorney’s office on June 9, 2022, Supreme Court Associate Justice Dana Oxley said in Friday’s ruling.

The commission filed a motion to dismiss June 29, stating the district court lacks jurisdiction because Puente didn’t serve a “notice of appeal.” The commission also argued it should be dismissed because Puente didn’t personally serve the clerk of the commission as required by statute.

Following the commission’s motion, Puente asked the Johnson County Sheriff’s Office to personally serve the petition on the commission, according to the ruling. The return of service on July 6, 2022, stated it was served July 5 to Tracey Robinson, an “HR generalist.” The city clerk, as clerk to the commission, filed an acceptance of service on July 26.

Kepros, in his district court ruling, said the judicial review failed to comply with the requirement to file a notice of appeal and granted the commission’s motion to dismiss.

The district judge also rejected Puente’s motion to reconsider, arguing a judicial review wasn’t the same as an appeal, Oxley said in the ruling. Kepros also rejected Puente’s other argument to request permission to change the title of the filing from “petition for judicial review” to ”notice of appeal.”

Puente appealed, and Iowa Court of Appeals affirmed the district court’s decision.

In her Friday ruling, Oxley wrote: “We do not take lightly the statutory prerequisites for invoking the district court’s jurisdiction. But neither do we exalt form over substance, particularly where the circumstances surrounding Puente’s filing are indistinguishable from those in (other case law).”

Puente filed a petition within the time restrictions alerting the district court he was seeking judicial review, and he personally served the petition on the commission’s clerk. Oxley concluded he complied with the requirements and “successfully perfected his appeal from the commission’s decision.”

The court vacated the appeals court decision, reversed the district court judgment and sent the case back to the district court for further consideration

Incident leading to termination

Puente said he was still off duty with a leg injury from the Nov. 12, 2021, bar fight when police Chief Dustin Liston called him into his office Feb. 3, 2022, to discuss an inquiry that started in January regarding Puente’s actions while arresting a man who resisted arrest, according to Puente’s lawsuit filed in 2022.

Liston told Puente he had two hours to submit his resignation or his employment would be terminated. Puente stated he didn’t have a lawyer and took the advice of his co-workers and resigned.

In May 2022, city officials in a statement said the department launched a formal review of Puente’s conduct in the Nov. 12, 2021, incident after receiving a “bystander video.”

“Following the investigation, Officer Puente resigned in lieu of termination for misconduct on Feb. 3, 2022,” according to the statement.

According to court documents, the charge of harassment of a public official or employee was dismissed against Jasper Verrohn Kennell Washington, 27, of Iowa City, whom Puente and other officers arrested after a fight inside Pints bar on South Clinton Street on Nov. 12, 2021.

In a video of the incident, Puente appears to punch Washington twice while he’s on the ground with another officer on top of him.

When other officers arrived, the participants were separated, and officers gave Washington a chance to leave, but he refused and walked away when they asked for identification. Washington then fought officers trying to handcuff him after being told he was going to jail.

Washington pleaded guilty to two charges — public intoxication and interference with official acts, both simple misdemeanors — and received deferred judgments and probation for one year.

On April 5, 2024, a jury found in favor of the city of Iowa City in Puente’s lawsuit, following three days of testimony, according to court documents. The jury found Puente’s resignation was “accepted by the city of Iowa City before he attempted to withdraw it.”

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