Professional Documents
Culture Documents
COMES NOW, the Plaintiff Jakub Schmitz, by counsel, and for his cause of
action against the City of University Heights, Louise From and Kris Lyon hereby states
as follows:
INTRODUCTION
Iowa Code 70A.29(3)(b) and Iowa Rules of Civil Procedure 1.1501-1.1511 and for
JURISDICTION
2. This court has jurisdiction of this claim pursuant to Iowa Code 70A.29
Heights from on or about August 15, 2015, through May 17, 2017. Schmitz has been
subdivision within the State of Iowa as the term is utilized in Iowa Code Chapter 70A.29.
5. During the relevant time period, Louise From was the Mayor of the City of
University Heights.
6. During the relevant time period, Kris Lyon (Lyon) was the interim police
chief of the City of University Heights and provided notice to Schmitz of his termination.
FACTUAL BACKGROUND
7. Schmitz worked a shift starting at 7 p.m. on May 10, 2017, and worked
counseling.
the next four weeks you will receive a written reprimand. Further disrespect for the
10. At 8:54 p.m. on May 10, Schmitz sent a text message to other University
Heights officers, including Lyon, stating Schmitz had received complaints about an
officer/officers campaigning for Kris Lyon as chief while on duty and escorting city
officials around to do so. The citizens have questioned whether this is part of their
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duties and why this is occurring. If I hear anymore about this I will feel obligated to take
11. At 9:00 p.m. on May 10, Lyon sent Schmitz an email stating Blackmail
and threats are not an appropriate response to simple counseling. See Exhibit C.
12. After the May 10 - May 11 shift, Schmitz was next scheduled to work
May 16 - May 17. Lyon directed Schmitz to take the May 16-17 shift off.
13. On or before May 12, 2017, Lyon made the determination to terminate
Lyon. Lyon terminated his employment without providing any written or verbal
reinstated Schmitz to employment with pay but directed him not to attend work.
intent to terminate Schmitzs employment a second time with a new date of termination
COUNT I
23. Schmitz reasonably believed on May 10, 2017, that the practice of officers
campaigning while on duty with city officials for the appointment of Lyon as permanent
police chief was unlawful under state and federal laws and regulations and/or an abuse
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of authority. In particular, Acting Chief Lyon and officers at his direction or with his
24. Schmitz communicated this belief to the acting police chief of University
25. In their role as University Heights Police officers, the recipients of the
26. In his role as Acting Police Chief for University Heights, Lyon was an
official of that political subdivision within the meaning of that term in Iowa Code
70A.29.
Paragraph 10, Lyon made the decision to terminate Schmitzs employment in violation
28. As a result of the wrongful termination on May 17, 2017, Plaintiff has
suffered damages.
Heights;
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d. Plaintiff be awarded attorneys fees and costs in prosecuting this
action;
COUNT II
TO AT-WILL EMPLOYMENT
30. Schmitz was terminated by Acting Chief Lyon after reporting to law
under Iowa Code 721.4, violations of University Heights policy, and/or an abuse of
authority as defined in Iowa Code 70A.29. In making the report to his superiors at
University Heights and threatening to bring the issue to higher authorities if the wrongful
conduct did not cease, Schmitz was blowing the whistle on illegal activities uncovered in
the workplace.
Iowa as defined by statute, regulation and judicial decision of a public policy would be
activity, and Defendants proffered reasons for any discipline are pretextual and
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33. Defendants discipline and/or termination of Schmitz constitutes wrongful
COUNT III
38. In his role as Acting Police Chief, Kris Lyon is an other public official as
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39. Plaintiff reasonably believes that the use of uniformed police officers in
police cars to escort city officials to canvass a neighborhood urging residents to attend a
council meeting to lobby the city council to take some specific action evidences a
Plaintiff from his employment for engaging in protected conduct described in 70A.29(1).
43. Plaintiff has not previously sought any petition for injunction in the present
and benefits, and damage to his employment record which would result from the
termination of employment.
For all of the above and foregoing reasons, Plaintiff respectfully requests the
court issue an order pursuant to Iowa Code 70A.29(3)(b) and Iowa Rule of Civil
Plaintiffs counsel.
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/s/ Nathan Willems
NATHAN WILLEMS, AT0009260
RUSH & NICHOLSON, P.L.C.
115 First Avenue SE, Suite 201
P. O. Box 637
Cedar Rapids, IA 52406-0637
Telephone (319) 363-5209
Facsimile (319) 363-6664
ATTORNEY FOR PLAINTIFF