Claim by Nikolas BrittonDUB1UE M hMORA1\ DUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
To: Mayor Roy D. Buol and
Members of the City Council
DATE: March 12, 2014
RE: Claim Against the City of Dubuque by Nikolas Britton
Claimant Date of Claim Date of Loss Nature of Claim
Nikolas Britton 03/11/14 04/26/13 Malpractice Allegation
This is a claim in which claimant alleges malpractice and violation of the Rules of
Professional Conduct by Assistant City Attorney Crenna Brumwell.
This claim has been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
Communities Assurance Pool.
cc: Michael C. Van Milligen, City Manager
Barry Lindahl, City Attorney
Nikolas Britton
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL tsteckle@cityofdubuque.org
L -Q 1
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CLAIM AGAINST THE CITY OF DUBUQUE, IOWA K . 1-.�rsof
This written report constitutes your claim against the City of Dubuque, Iowa. You should
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. 13th 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: Nikolas J. Britton
2. Address:
604 Delores Street, East Dubuque, Illinois 61025-1406
3. Telephone Number: (682) 217 - 0755
4. Date of Incident: April 26, 2013
5. Time of Incident: Not applicable
6. Location of Incident (Be specific): Dubuque Human Rights Commission, City Attorney's Office
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.)
Legal malpractice and violation of the Rules of Professional Conduct by the Assistant City Attorney
Refer to the Attorney Disciplinary Board Complaint for a declaration of the Claims
= 8. What were weather conditions like? Not applicable
9. Give name and address of any witnesses: Not applicable
10. Did police investigate? (If so, give names of officers.)
No
11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
Self
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.)
Not applicable
13. What other damages do you claim, if any? Pain and suffering
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?
$1,200,000
16. Why do you claim the City of Dubuque is responsible?
Negligence
17. Have you made any claim against anyone else for damages as a result of this incident?
(If yes, give name and address.)
Crenna Brumwell
18. If the answer to Question 17 is yes, have you received any payment from that source,
and if so, in what amount?
No
Dated at Dubuque, Iowa this 24 day of
January
,2014•
(Signature)
Nikolas Britton (Print Name)
(Rev. 7/12)
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BEFORE THE IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD
NIKOLAS J. BRITTON,
Complainant, ISCADB No. 2014-13
and,
CRENNA BRUMWELL,
DUBUQUE CITY ATTORNEY'S OFFICE,
DUBUQUE HUMAN RIGHTS COMMISSION,
Respondants.
DHRC No. 4386
ICRC No. 08-12-62990
EEOC No. 26A -2013-00670C
COMPLAINT
The Complainant, Nikolas J. Britton, comes to give complaint to the Iowa Supreme Court
Attorney Disciplinary Board, and states:
On, or near, July 27, 2012 the Complainant, sought the assistance of the Dubuque Human
Rights Commission ("DHRC") to resolve a reasonable accommodation employment dispute with
International Business Machines Corporation ("IBM"). The DHRC reviewed and requested to file a
complaint on the Complainant's behalf against IBM. The Complainant proceeded with making a
complaint against IBM for violations under the Americans with Disabilities Act. Several months later, the
complaint was dismissed by Crenna Brumwell ("Crenna"), an attorney with the DHRC and Dubuque City
Attorney's Office ("DCAO"), for "Failure to Cooperate". Crenna did not provide notification that the
complaint was being dismissed, to the Complainant's attorney, Danita L. Grant, with Fuerste, Carew,
Juergens & Sudmeier, Dubuque, Iowa, or to the Complainant. Crenna stated that notification was sent.
However, no proof of service or any documentation in lieu of proof of service has been offered, despite
requests to produce these documents. As a result of Crenna's actions, IBM immediately terminated the
Complainant's employment when they received the dismissal letter on January 18, 2013.
Crenna, acting on behalf of the DHRC and DCAO, fail to notify the Complainant that the City of
Dubuque had given $5.5 million of the City's funds to IBM as part of a $53 million incentive package that
the City of Dubuque organized to bring IBM to the City of Dubuque. A Notice and Waiver of Conflict of
Interest was not provided to the Complainant.
Furthermore, Crenna, acting on behalf of the DHRC and DCAO misrepresented the extent of
their authority. She stated the DHRC was a law enforcement agency, with the same authority
granted to the Dubuque County Attorney's Office or City of Dubuque Police Department. The
Complainant was given a Retention Order by Crenna to retain IBM's property relevant to the DHRC
complaint. When Crenna dismissed the DHRC complaint the Complainant was charged with 2nd
Degree Theft by the City of Dubuque Police Department. Had the Conflict of Interest been disclosed,
the Complainant would have filed his complaint with the Iowa Civil Rights Commission or Equal
Employment Opportunity Commission.
As a result of their actions, the Complainant was terminated from employment, had his
medical insurance revoked, and was charged with felony theft, which is still pending in the Dubuque
County District Court (FECR104882). The Complainant is unable to find gainful employment, and is
now unable to prosecute his original complaint against IBM. Among other things, Crenna had a duty
to notify the Complainant of this clear financial Conflict of Interest and this negligence has irreparably
damaged the Complainant. The Complainant has suffered serious damages as a result of Crenna's,
the DHRC's, and the DCAO's professional misconduct.
I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the allegations
of this complaint are true and correct.
Respectfully,
Nikolas J. Britton
604 Delores Street
East Dubuque, IL 61025
January 20, 2014
Confidential
This communication and any attachments may contain information which is confidential
and privileged by law and is for the use of the designated recipient. If you are not the
intended recipient, you are hereby notified that you have received this communication in
error, and that any review, disclosure, dissemination, distribution or copying of its contents
is prohibited. Please notify City of Dubuque immediately by telephone at (563)-589-4120 of
your receipt of these items and destroy the communication and any attachments
immediately. Further disclosure of this information may violate state and federal
restrictions.
Confidential information may include the following:
1) Social Security Number(s)
2) Medical/Health Information
3) Personnel/Disciplinary Information
4) Bank Account Information
5) Financial information
6) Credit Card Numbers
If any documentation you desire to submit to the City of Dubuque contains any of the items above,
this cover sheet must be attached directly to the confidential information. Please indicate below the
type of information that is included.
I, , hereby certify that the attached documents
include the following protected information:
Social Security Number(s) Bank Account Information
Medical/Health Information Financial Information
Personnel/Disciplinary Information Credit Card Number(s)
I understand that this information may be distributed within the City organization or to agents of the
City for processing and I hereby authorize the City to act accordingly taking all precautions to
protect my information from unnecessary distribution.
Signature Date
I have read the information above and do not have any confidential documentation to submit to the
City of Dubuque as part of this Claim Against the City.
January 24, 2014
Signature Date