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Claim by Paul Avenarius w TFfE CITY QF � LTA MEMORANDUM Masterpiece on the Mississippi i I, TRACEY STECKLEIN PARALEGAL V To: Mayor Roy D. Buol and Members of the City Council DATE: August 24, 2015 it it 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 �I 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. I 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 i I i i r g I 'i c 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): vf�vcl�r ��9 .s'aaU 1 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.) -!�� 8. What were weather conditions like? ,ZE,c- 9. Give name and address of any witnesses: RC1 •1�,�rJ \Nt,-t�a - r7"70 I o WA Sr, Dueu:Q U6- A 55ZQ0� 10. Did police investigate? (If so, give names of officers.) I 11. Was anyone injured? (If so, give names, addresses, and extent of injuries). No i 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.) Si - SNA-r(, oil Dfk S 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? ` Pff yAm- Et£ owtR, M DO,-1D 1A6 V%at eiotJfg V!560A .,FWOP A- 79ArW1061 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 e� M (Signature) 0 M 12 c— (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 i 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 i i i i i I I 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 i I ii I� i i d 8 l I 94 6 t