Claim Suit Kelly, Civil ServiceIN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
IN THE MATTER OF THE APPEAL OF
WILLIAM KELLY,
Plaintiff-Appellant
Case No.
CITY OF DUBUQUE, IOWA
and CIVIL SERVICE COMMISSION
OF THE CITY OF DUBUQUE, IOWA
Defendants-Appellees.
PETITION FOR APPEAL
COMES NOW WILLIAM KELLY, by his attorneys, Scott D. Soldon and
Andrea F. Hoeschen of Previant, Goldberg, Uelmen, Gratz, Miller and
Brueggeman, S.C., and pursuant to Iowa Code Section 400.27, appeals
from and requests review of the decision and ruling of the civil
Service commission of the'City of Dubuque, Iowa,
2, 2001. The grounds upon
follows:
1. The civil Service
(hereinafter "civil Service
decision of the City
William Kelly.
which this appeal
issued on OctOber
is based are as
2. The CiVil Service Commission erred in finding that there
was sUbstantial and Competent evidence that William Keily was
guilty of the charges specified against him by the City of Dubuque.
Commission of the City of Dubuque
Commission") erred in sustaining the
of Dubuque to terminate the employment of
the City of Dubuque's
evidence.
WHEREFORE,
1. That
hearing;
2.
The Civil Service Commission erred in failing to dismiss
charges against William Kelly for lack of
William Kelly prays:
the Court enter an Order setting this matter for
That the Court reverse the decision of the civil Service
Commission to sustain the City of Dubuque's termination of Kelly's
employment;
3. That the Court order the City of Dubuque to reinstate
Kelly to his employment and reimburse Kelly for all wages and
benefits lost as a result of his discharge; and
4. That the Court order such other relief as it deems
appropriate.
Respectfully submitted this 31st~ of October, 200/~
/s/ Scott D. Soldon (Iowa Bar No. 10760)
ANDREA F. HOESCHEN
PREVIANT, GOLDBERG, ~EN,
G~TZ, MILLER & BR~GGE~ s.c.
1555 N. RiverCenter Dr., Ste. 202
P. O. Box 12993
Milwaukee, WI 53212
414/271-4500
Fax No. 414/271-6308
ATTORNEYS FOR WILLIAM KELLY
IN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
IN THE MATTER OF THE APPEAL OF
WILLIAM KELLY,
Plaintiff-Appellant
Ve
CITY OF DUBUQUE, IOWA
and CIVIL SERVICE COMMISSION
OF THE CITY OF DUBUQUE, IOWA
Defendants-Appellees.
Case No.
NOTICE OF APPEAL
TO:
Jeanne F. Schneider
Clerk of Dubuque Civil Service Commission
50 West 13th Street
Dubuque, IA 52001
Barry A. Lindahl
Corporation Counsel
196 Dubuque Building
Dubuque, IA 52001
Notice is hereby given that William Kelly appeals to the
District Court of the State of Iowa in and for Dubuque County from
the decision and order of the Civil Service Commission of the City
of Dubuque, Iowa, entered on October 2, 2001, sustaining the City
of Dubuque's termination of William Kelly. You are further
notified that said appeal is taken pursuant to Section 400.27 of
the Iowa Code and will come for hearing on a date to be set by the
Court.
Respectfully submitted this 31st day of October, 2001.
/s/ Scott D. Soldon (Iowa Bar No. 10766)
ANDREA F. HOESCHEN
PREVIANT, GOLDBERG, UELMEN,
GRATZ, MILLER & BRUEGGEMAN s.c.
1555 N. RiverCenter Dr., Ste. 202
P. O. Box 12993
Milwaukee, WI 53212
414/271-4500
Fax No. 414/271-6308
ATTORNEYS FOR WILLIAM KELLY
IN THE IOWA DISTRICT COURT
FOR DUBUQUE COUNTY
IN THE HATTER OF THE APPEAL OF
WILLIAM KELLY,
Plaintiff-Appellant
CITY OF DUBUQUE, IOWA
and CIVIL SERVICE COMMISSION
OF THE CITY OF DUBUQUE, IOWA
De~endants-Appel!ees.
Case No.
CERTIFICATE OF SERVICE
The undersigned certifies that the Notice of Appeal and
Petition for Appeal were served on the following on October 31,
2001, via regular and certified mail:
Jeanne F. Schneider
Clerk of Dubuque Civil Service Commission
50 West 13th Street
Dubuque, IA 52001
Barry A. Lindahl
Corporation Counsel
196 Dubuque Building
Dubuque, IA 52001
/s/ Andrea F. Hoeschen