Public Input Cullen-Blum Letter re Civil Service Veteran's Points�E tt
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December 14, 2016
City of Dubuque
Office of the City Manager
50 W. 13th St.
Second Floor
Dubuque, IA 52001
Dear City Manager Van Milligen:
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As a courtesy to a veteran constituent of Congressman Blum, I am writing regarding the
hiring practices of the City of Dubuque as they pertain to veteran's preference. In recent
weeks Congressman Blum's office has been approached by Mr. Chris Cullen, an honorably
discharged disabled veteran; he expressed concerns regarding his pending job application
for a fulltime position with the Jule as a bus operator. Currently Mr. Cullen serves in a part
time capacity at the Jule as a driver.
Included in this correspondence is a privacy release waiver signed by Mr. Cullen which
enables Mr. Blum's office to inquire on his behalf.
Mr. Cullen communicated a number of concerns to Congressman Blum's Office relating to
how the City of Dubuque adheres to veterans preference laws/policy in its hiring
procedures. Mr. Cullen's concerns included:
• Mr. Cullen believes that veterans preference, and its governing code, is not
something fully understood by the City in their hiring procedures. The veteran had
previously applied for a position with the City of Dubuque for which he felt
qualified; Mr. Cullen learned after the position had been filled that his veteran
status had not been properly considered due to filing delays and procedural mishaps
at the City personnel office.
• The veteran is concerned that the City of Dubuque is not appropriately vetting
applicants who claim veteran status. Mr. Cullen, when applying for the current
fulltime bus operator position, was not asked to show verification that he was an
honorably discharged veteran. The veteran was told by a city personnel secretary:
"As long as you check the box saying that you are a veteran --then we consider you
a veteran." Mr. Cullen was not asked to prove his veteran status via a DD -214; he
is concerned that other applicants could claim veteran status fraudulently.
PMNT D O
• Finally, Mr. Cullen is concerned about his objections being fairly considered by
the City. Mr. Randy Peck serves as the Personnel Manager for Dubuque but also on
the City's Civil Service Commission. Mr. Cullen submitted a grievance about the
Personnel Department to the Civil Service Commission on November 21, 2016. Mr.
Cullen is concerned about a conflict of interest from Mr. Peck as his complaint is
considered by the Civil Service Commission.
Congressman Blum's office submitted an inquiry to the U.S. Department of Labor on
behalf of Mr. Cullen to assist in determining his rights as a disabled veteran under federal
law. Per the Department of Labor, the City of Dubuque is not generally subject to federal
statute for its hiring practices as they relate to veterans. However, the State of Iowa has
codified a number of protections for veterans which do regulate hiring for county and
municipal authorities.
Mr. Tony Smithhart, a veteran specialist with the U.S. Department of Labor, advised
Congressman Blum's office of Iowa Code §35c, which governs hiring for veterans within
the State of Iowa. For the State of Iowa:
In every public department and upon all public works in the state, and of the
counties, cities, and school corporations of the state, veterans who are citizens and
residents of the United States are entitled to preference in appointment and
employment over other applicants of no greater qualifications. The preference in
appointment and employment for employees of cities under a municipal civil
service is the same as provided in section 400.10. (Iowa Code §35c (1)(1):
emphasis added)
Iowa Code § 35c (1)(2a) additionally requires that the civil authority make, "... [inquiry]
into the applicant's military service..." As such, follow-up measures to verify a veteran's
service should be undertaken by the City so as to prevent fraudulent claims of veteran's
preference.
As this matter relates to Mr. Cullen, because he already serves the City as a part time bus
operator, implicit in his current job function is Mr. Cullen's "qualification" for the position
to which he is applying. This is the same job, only now fulltime. Due to Mr. Cullen being
already "qualified," most relevant to his consideration for hiring is Iowa Code § 35c (3)
which states:
When any preferred person applies for appointment or employment under this
chapter, the officer, board, or person whose duty it is or may be to appoint or
employ a person to fill the position or place shall, before appointing or employing a
person to fill the position or place, make an investigation as to the qualifications of
the applicant for the place or position, and if the applicant is of good moral
character and can perform the duties of the position applied for, the officer,
board, or person shall appoint the applicant to the position, place, or
employment. (emphasis added)
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This information provided by the U.S. Department of Labor may be helpful in determining
Mr. Cullen's application. In a number of ways Iowa statute demonstrates Mr. Cullen's
rights as a veteran to be considered a preferred applicant to a position he is qualified for.
Mr. Blum's office regularly extends assistance to veterans as they incur issues at any level
of government. As this is municipal and state matter, Mr. Blum does not have any formal
jurisdiction in making requests of the City of Dubuque. As such, the information in this
correspondence is shared as a courtesy to veteran Mr. Cullen and for the purpose of
increasing awareness about veteran's preference in Iowa.
Should the City of Dubuque have further questions about Iowa statute related to veteran's
preference, please contact Mr. Tony Smithhart at 515-281-9061 or by emailing
smithhart. anthonvn dol. Dov.
Thank you for all you do for the citizens of Dubuque and for veterans.
Sincerely,
Jack Mescher
Regional Director
Congressman Rod Blum (IA -01)
1050 Main St.iDubuque, IA 52001
Office: (563)-557-7789
Mobile: (563)-580-6234
Fax: (563) 557-1324
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