Ex-Iowa City officer denied reinstatement as trial shows city accepted resignation
A former Iowa City police officer's claim that his resignation was withdrawn before being accepted by the city has been ruled invalid by a jury.
Emilio Puente, 26, began working for the Iowa City Police Department in April 2019, transferring from the Johnson County Ambulance Service.
City officials opened an inquiry into Puente in late 2021 after he made an arrest in downtown Iowa City. The investigation revealed that Puente and the suspect engaged in a brief altercation when the suspect resisted.
Puente submitted his resignation in February 2022, writing; “I am aware of the position I put you in that led to this moment. I believe it is in my best interest and the best interest of the Iowa City Police Department to tender my resignation at this time," according to court documents.
It was never publicly revealed why Puente left the department but he claims he submitted the resignation "under duress."
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Investigation reveals physical altercations during arrests
A January 2022 City of Iowa City pre-disciplinary hearing report delivered to Puente revealed a handful of incidents in the fall of 2021.
Puente initiated contact with a female along Clinton Street on Halloween night, Oct. 31, in which he allegedly “unreasonably and unnecessarily slapped a beverage can out of her hand.”
From 2022: Former police officer sues Iowa City, alleging his resignation was coerced
The report said the situation “escalated.” The female then allegedly “struck out” toward Puente, and he allegedly “applied force," which Puente did not document as required per department policy.
Less than two weeks later in November 2021, Puente was assisting in the arrest of another individual near Clinton Street. As two officers restrained the individual on the ground, Puente allegedly “struck” the individual in the head "with closed fists.”
The City investigators said the alleged action was “not reasonable or necessary.”
A pre-disciplinary hearing was set for Feb. 3, 2022, three days after the report was filed.
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Puente argued resignation was coerced
Puente argued that in the days leading up to his resignation, senior co-workers told him that if he did not resign, "he would likely never be allowed to work in law enforcement again," according to Puente's petition.
Puente's lawsuit claimed police chief Dustin Liston summoned Puente to a meeting on Feb. 3 and informed him that "he had two hours to submit his resignation" or his employment would be "terminated."
According to court documents, Puente texted two different individuals within the Iowa City Police Department in separate conversations the next day on Feb. 4, 2022 asking if he could "rescind" his resignation. When asked "What changed?" by one of the individuals, Puente replied with "“When I was thinking of the positives and negatives between resigning or getting fired, I was too emotional to think through both options and make a clear decision. After talking with several people, I think resigning might have been the wrong choice.”
Puente claims that in an ensuing phone call with the individual "Liston will not rescind my resignation." Puente subsequently approached the City of Iowa City on April 15, 2022 and asked to withdraw his resignation.
The request was denied.
Puente asked the court to reverse Iowa City's decision not to rescind his resignation letter, which would have reinstated him as a city employee.
He claimed his resignation was "the product of duress and therefore null and void."
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Ryan Hansen covers local government and crime for the Press-Citizen. He can be reached at [email protected] or on X, formerly known as Twitter, @ryanhansen01.
This article originally appeared on Iowa City Press-Citizen: Former Iowa City police officer Emilio Puente denied reinstatement