Claim by Duane PitcherCity of Dubuque
City Council
ITEM TITLE:
SUMMARY:
SUGGUESTED
DISPOSITION:
ATTACHMENTS:
Copyrighted
November 3, 2025
CONSENT ITEMS # 2.
Notice of Claims and Suits
Tyeandra Glover for vehicle damage; Braden Lechtenberg for
vehicle damaae: Duane Pitcher for loss of revenue.
Receive and File; Refer to City Attorney
1. Claim by Duane Pitcher
2. Claim by Teyandra Glover
3. Claim by Braden Lechtenberg
Page 46 of 525
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA :e►���-c+ar�
This written report constitutes your claim against the City of Dubuque, Iowa. You sould
complete this form in full and attach any additional information that supports your claim.
The Claim must be filed with the City Clerk at City Hall, 50 W. 131" St., Dubuque, IA 52001. It
will then be referred by the City Council to the appropriate department for investigation.
Once that investigation is completed, a report and recommendation will be submitted to the
City Council. You will be provided with a copy of that report and recommendation.
THE FINAL DECISION ON ALL CLAIMS IS MADE BY THE CITY COUNCIL. NO EMPLOYEE OF
THE CITY OF DUBUQUE HAS THE AUTHORITY TO MAKE ANY REPRESENTATION TO YOU
AS TO WHETHER YOUR CLAIM WILL OR WILL NOT BE PAID.
1. Name of Claimant: Duane Pitcher
2. Address: 3507 Honeysuckle Road
City: Ames
State: IA
3. Telephone Number: 5 1 5. 2 0 3. 5 8 5 8
4. Date of Incident: January 1994 to Present
5. Time of Incident:
Zip: 50014
6. Location of Incident (Be specific): Dubuque City Hall, 50 West 131" Street
7. DESCRIBE ACCIDENT OR OCCURRENCE THAT CAUSED INJURY OR DAMAGE. (Give
full details upon which you base your claim. If a City employee was involved, give the
employee's name.)
See Attached
8. What were weather conditions like? N / A
9. Give name and address of any witnesses: N / A
10. Did police investigate? (If so, give names of officers.) No
11. Was anyone injured? (If so, give names, addresses, and extent of injuries). No physical
injuries.
Page 47 of 525
12. Was any damage done to property? (If so, describe property and the extent of
damages. Attach estimates of damages or describe basis for ascertaining extent of
damage.) No, all financial damages
13. What other damages do you claim, if any? Financial damages related to 457
contributions deducted from pay but not credited to my account and loss of earnings on
contributions.
14. Have you been compensated for any part or all of your claim by any insurance
company? (If so, give name and address of insurance company and amount paid.) No
15. What amount do you claim from the City of Dubuque? See Attached
16. Why do you claim the City of Dubuque is responsible? See Attached
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.) No claim has been made. I have worked with the plan
administrator, but for missing contributions they need records from the plan sponsor. I
made a request for these records from the City of Dubuque and was notified that
contribution records for the plan have not been maintained. For plans subject ERISA,
claims would be made through the Department of Labor's Employee Benefits Security
Administration. Government plans are not subject to ERISA but regulated by the IRS. The
IRS has advised me that these plans are self governed and to make a claim directly with
the plan sponsor. The IRS also advised me to file an IRS Form 13909 Tax Exempt
Organization Complaint(Referral) since the City of Dubuque notified me that plan records
have not been maintained, this form has been filed but does not constitute a claim.
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
Dated at Dubuque, Iowa this 19th_day of October , 2025_. 0
(Signature)
Duane Pitcher (Print Name)
(Rev. 9/24)
7:
9 6
Page 48 of 525
City of Dubuque
City Council
CONSENT ITEMS # 3.
Copyrighted
November 3, 2025
ITEM TITLE: Disposition of Claims
SUMMARY: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for
the Iowa Communities Assurance Pool: Tyendra Glover for
vehicle damage; Braden Lechtenberg for vehicle damage;
Duane Pitcher for loss of revenue.
SUGGUESTED Receive and File; Concur
DISPOSITION:
ATTACHMENTS:
1. ICAP Referral
Page 53 of 525
THE CITY OF
DUB UE MEMORANDUM
Masterpiece on the Mississippi
JONI MEDINGER
LEGAL ADMINISTRATIVE ASSISTANT
To: Mayor Brad M. Cavanagh and
Members of the City Council
DATE: 10/28/2025
RE: Claim Against the City of Dubuque by Duane Pitcher
Claimant Date of Claim Date of Incident Nature of Claim
Duane Pitcher 10/22/2025 January 1994-Present Loss of Revenue
This is a claim in which Claimant alleges Claimant's contributions deducted from
Claimant's salary to a deferred compensation plan sponsored by the City of Dubuque do
not match the amounts being credited to Claimant.
This claim has been referred to the Iowa Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Jenny Larson, Chief Financial Officer
Shelley Stickfort, Chief Human Resources Officer
Duane Pitcher
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 589-4113 / FAX (563) 583-1040 / EMAIL jmedinge@cityofdubuque.org
Page 56 of 525