Former police officer sues Iowa City, alleging his resignation was coerced

Emilio Puente, a former Iowa City Police Department officer, is suing the city, asking a judge to void his February letter of resignation alleging it was made under duress.

In a petition to the Iowa District Court of Johnson County, Puente and his attorneys state the city started an inquiry into Puente after an incident that occurred Nov. 7. The petition states that a suspect resisted being arrested by Puente and the two engaged in an altercation.

Puente, 24, began working for ICPD on April 24, 2019; the letter of resignation was given to Police Chief Dustin Liston on Feb. 3. Puente previously worked for the Johnson County Ambulance Service.

Puente is asking the court to reverse Iowa City's decision to not rescind his letter of resignation, effectively reinstating him as a city employee. Puente is also appealing the decision to the Iowa City Civil Service Commission, which is set to take expedited action on his request Thursday.

In the petition, Puente is alleging his letter of resignation was coerced. The lawsuit claims Liston summoned Puente to a meeting on Feb. 3 and informed him that he had two hours to submit his resignation or his employment would be terminated.

Iowa City Assistant City Attorney Jennifer Schwickerath denied the Press-Citizen's requests for additional details about the Nov. 7 incident and why an inquiry was conducted into Puente that led to Liston asking for his resignation.

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Schwickerath said the city hadn't been served with the lawsuit papers as of Wednesday morning.

Puente's attorneys, based in Indianola and Des Moines, could not be reached for comment before deadline.

Puente's petition said he was advised by senior co-workers that if he did not resign, he would likely never be allowed to work in law enforcement again. Puente alleges he did not have legal counsel that day, or the ability to obtain outside advice in the short time frame he was allowed and ended up submitting his letter of resignation within the two-hour window.

Puente also said he was injured two weeks after the Nov. 7 incident in the line of duty dealing with a group involved in a physical altercation at a bar in Iowa City. The petition states he suffered a nerve injury in one of his legs, was taken off duty and is still treating his leg for the injury.

Puente alleges the city cut off his salary after his resignation, leaving him without income and in a state of injury. The petition said he hired lawyers and attempted to ask Iowa City to rescind his letter of resignation, but the city refused last month.

Details included in the Thursday Iowa City Civil Service Commission agenda packet tell a different story than Puente's.

A filing to the commission from Schwickerath states that Puente was served with a notice for a pre-disciplinary hearing on Feb. 1 that made it clear he was entitled to have a lawyer, union representative or other department employee present at the Feb. 3 meeting with Liston. He appeared that day with a union representative and submitted his resignation before Liston issued a decision on the matter.

Peter Sand, Puente's attorney, made a written request to rescind the letter, which City Attorney Eric Goers declined. Puente later submitted a document titled "complaint" to the civil service commission asking for a hearing to reinstate his employment.

Schwickerath cites Iowa Code Chapter 400, which states: "The removal, discharge, demotion, or suspension of a person holding civil service rights may be appealed to the civil service commission within 14 calendar days after the removal, discharge, demotion, or suspension."

Schwickerath and the city are asking the Civil Service Commission to dismiss the appeal because it took place outside the 14-day window; she argues the commission no longer has jurisdiction over it.

Puente's letter of resignation is included in the agenda packet. In the letter, Puente thanks the city for the opportunity to serve in the department and thanks Liston for his time during the meeting.

"I am aware of the position I put you in that led to this moment. I believe it is in my best interest and the best interest of the Iowa City Police Department to tender my resignation at this time," Puente wrote.

It is unclear whether Puente is also seeking financial compensation from Iowa City.

George Shillcock is the Press-Citizen's local government and development reporter covering Iowa City and Johnson County. He can be reached at (515) 350-6307, GShillcock@press-citizen.com and on Twitter @ShillcockGeorge

This article originally appeared on Iowa City Press-Citizen: Former Iowa City police officer asks court to overrule his resignation