Claim by Paul Avenarius w
TFfE CITY QF �
LTA MEMORANDUM
Masterpiece on the Mississippi
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TRACEY STECKLEIN
PARALEGAL
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To: Mayor Roy D. Buol and
Members of the City Council
DATE: August 24, 2015
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RE: Claim Against the City of Dubuque by Paul Avenarius
Claimant Date of Claim Date of Loss Nature of Claim
Paul Avenarius 08/21/15 05/26/15 Vehicle Damage
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This is a claim in which claimant alleges that his personal vehicle was damaged during
City of Dubuque firearms training held at River City Quarry on May 26, 2015.
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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
Mark Dalsing, Chief of Police
Paul Avenarius
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OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 i
TELEPHONE (563)583-4113/FAx (563)583-1040/EMAIL tsteckle@cityofdubuque.org
NI VNO
CLAIM AGAINST THE CITY OF DUBUQUE, IOWA
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 West 13th St.,
Dubuque, IA 52001. It will then be referred to the appropriate department for
investigation and to the City Attorney's Office. 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: ?A-a-
2.
2. Address: 52 DW
3. Telephone Number (543) ei+3-1.-702
4. Date of Incident: ;20 Lc--
5. Time of Incident: /go,-_) — /&onZ/a2ac,
6. Loc tion of Incident (Be specific):
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7. Describe the 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.)
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8. What were weather conditions like?
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9. Give name and address of any witnesses:
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10. Did police investigate? (If so, give names of officers.)
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11. Was anyone injured? (If so, give names, addresses, and extent of injuries).
No
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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.)
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13. What other damages do you claim, if any?
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?
16. Why do you claim the City of Dubuque is responsible?
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t)c� boli;1*Nuct DCPA 24w6nfr ptteirJ-r Fi2G—A Ae , 71gPrinl M4.
17. Have you made any claim against anyone else for damages as a result of
this incident? (If yes, give name and address.)
18. If the answer to Question 17 is yes, have you received any payment from that
source, and if so, in what amount?
Dated this �O day ofy� , 20 c c M
6 c� N C7
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(Signature) 0 M
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(Print Name)
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 and indicate 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
Signature Date
Dubuque Police Department
THE CITY OF Dubuque Law Enforcement Center
DUB E 770 Iowa Street
1 ' P.O.Box 875
Dubuque, [A 52004-0875
Masterpiece On the M1SS1SSippi Office Fax(563)89- 449710
200 -2012-2013 TTY(563)583-1711
E-mail:police@cityofdubuque.org
www.cityofdubuque.org
To: Chief Mark Dalsing
From: Officer Paul Avenarius#22
Between the dates of May 18th through June 11t the Dubuque Police Department had scheduled
firearms training and yearly qualifications, which were held at the River City Quarry, 19068
Herber Rd Dubuque, Iowa 52001. This firing range is jointly operated and maintained by the
Dubuque Police Department and Dubuque Sheriffs' Department.
On May 26th, 2015 I, Officer Paul Avenarius, State of Iowa and Dubuque Police department
certified firearms instructor was scheduled to instruct and assist fellow department instructor
Cpl. Brendan Welsh. Instructor trainee Officer Austin Weitz was also present on this date.
During a portion of this training officers were to complete a shoot/don't shoot scenario course
which consisted of several different phases. Phase one of this course required the officer to run
a distance of approximately 40 yards to a blind corner and drag a Fireman's drag dummy to a
safety area behind a simulated area of cover. This simulated area of cover was a makeshift wall
constructed of tarps, bungee cords, metal target stands and a safety vehicle.
This makeshift wall was constructed to simulate an area of cover and safety for the Officer to
drag the dummy. Officers dragging the dummy to the cover of the "safety vehicle" was a
portion of the course that the Officer had to complete before moving on to the next phase. This
phase was to simulate a "Downed Officer" scenario.
Two vehicles were needed for this training scenario; one vehicle used was a department
marked squad car with running emergency lights, siren and weapon mounts. The second
vehicle was my personal vehicle, specifically a 2015 Chevrolet Silverado.
The department squad car was placed in the center of the course and acted as a "Check Point"
for the Officers giving them a realistic scenario of having to remove a weapon system and Go
Bag from the vehicle while being placed under stress. My personal vehicle was parked outside
the course and located near the makeshift wall acting as a simulated ambulance giving the
Officers a location to drag the dummy.
Throughout the.day we experienced inclement weather with-strong storms producing heavy
rain and,high.winds. Quring the shoot/don't shoot scenario training was temporarily ceased due
to the heavy rain and high winds. During this time instructors were hurriedly getting students
and equipment under a sheltered area. It was at this time that I heard a loud bang and
observed that our makeshift wall had been blown over and the materials were laying near i
.driver side of my vehicle.
At this time Cpl. Welsh ran over to remove the tarps and metal target stands away from my
vehicle so it could be rebuild as weather permitted. After this dates training I drove my vehicle
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from the firing range to my parents' house, Dixie Dr Dubuque, Iowa before driving home and
parking my vehicle in the garage for the remainder of the night.
The following day I was notified by several Officers of a large dent to the driver side door of my
vehicle just under the door mirror. My vehiclevas purchased during the last week of March
and I was certain that the damage observed, specifically a large dent with paint removed was
not present before our department training on May 26tH
Cpl. Welsh advised me that the damage to my vehicle was located in the same general area to
where he removed the metal target stand the day before (May 261h) after it was blown over by y
high winds.
The damage photographed and reported to department training coordinator Lieutenant Steve
Radloff and also Chief Mark Dalsing.
Respectfully,
Patrol Officer Paul Avenarius#22
cc: Training Lieutenant Steve Radloff
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Dubuque Police Department
THE CDubuque Law Enforcement Center
DUtB�
770 Iowa Street
AII•AmeHcaCitV P.O.Box 875
Dubuque,lA 52004-0875
Masterpiece on the Mississippi a Fax(563)589-449710
TTY(563)583-1711
zoos•zoiz•zoia E-mail:police@cityofdubuque.org
www.ci tyofd u b u q u e.o rg
To: Chief Mark Dalsing
From: Corporal D. Brendan Welsh L6
On 05/26/15 1 was assigned to assist with the Dubuque Police Department firearms
training at the River City Quarry on Herber Road in Dubuque County. This is the range
that is operated jointly by the Dubuque Police Department and the Dubuque County
Sheriffs' Department.
On this date I, Cpl. Brendan Welsh, a State of Iowa certified firearms instructor was
assisted by fellow instructor Ofc. Paul Avenarius.
One portion of our training day was to have officers participate in a shoot/don't shoot
scenario course which contained several different phases. One portion required the
officer to run from an area under cover to where we had a dummy lying on the ground.
The officers were first told to drag this dummy to an area of simulated cover. This area
of simulated cover consisted of a vehicle that was parked alongside several tarps that
were simulating a wall. This "wall" shielded the officers' view from the course so that
they would not be able to see the course prior to completing it. The tarps were tied off
with bungee cords onto metal target stands.
Two total vehicles were needed for this training scenario; one vehicle was a patrol
vehicle with emergency lights and weapon mounts, the second vehicle was Ofc.
Avenarius' personal 2015 Chevrolet Silverado. The patrol vehicle was positioned within
the course and was needed at this location to give the officers a realistic scenario of
having to remove the weapons and ammo contained within it while under stress. The
Silverado was needed in its location to both shield the officers' view from the course and
to act as a simulated ambulance where the officers were trained to bring the downed
officer(dummy).
On this date we experienced inclement weather suddenly at the end of training. Wind
gusts and pouring rain started suddenly causing all training to cease temporarily. As
the instructors were hurriedly getting students and essential equipment under cover I
heard a loud bang and saw the entire make shift tarp wall blow over and near Ofc.
Avenarius' truck. I ran over to this area and pulled a pile of tarps and one large metal
stand away from the drive's side of this truck. This material had blown into physical
contact with Avenarius' truck, specifically near the front driver's side quarter panel.
During this pouring rain I did not inspect Ofc.Avenarius' truck for damage nor could I
see much of anything during the down pour.
The following day while on the range, Ofc. Avenarius asked me if I saw the damage to
his front driver's side door. Ofc. Avenarius told me that this truck was recently
purchased and did not have this large dent on it prior to yesterday's training. I visually
inspected the damage which consisted of a dent with removed paint. This dent was in
the same area where I pulled a steel target stand and tarps away from Avenarius' truck
the day prior. We then photographed this damage and notified both training Lieutenant
Steve Radloff and Police Chief Mark Dalsing.
Respectfully,
Corporal D. Brendan Welsh L6
cc: Training Lieutenant Steve Radloff
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