Preview:

IN THE SUPREME COURT OF IOWA
No. 83 / 05-0711 Filed August 18, 2006 MATTHEW JOHN STAMMEYER, Appellant, vs. DIVISION OF NARCOTICS ENFORCEMENT OF THE IOWA DEPARTMENT OF PUBLIC SAFETY, Appellee. ________________________________________________________________________ On review from the Iowa Court of Appeals.

Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge.

Employee appeals from order dismissing his veterans' preference claim for lack of subject matter jurisdiction. DECISION OF COURT OF APPEALS VACATED; DISTRICT COURT JUDGMENT AFFIRMED.

John F. Fatino of Whitfield & Eddy, P.L.C., Des Moines, for appellant.

Thomas J. Miller, Attorney General, and Jeffrey C. Peterzalek, Assistant Attorney General, for appellee.

2 STREIT, Justice. Since the Civil War, Iowa has recognized the enormous

contributions made to our lives by veterans of our armed forces by giving preference to veterans seeking employment with the state, as well as employment with the cities, counties, and school corporations within the state. See generally Kitterman v. Bd. of Supervisors, 137 Iowa 275, 115 N.W. 13 (1908). The plaintiff-appellant, Matthew Stammeyer, appeals

from the district court's dismissal of his veterans' preference claim. The district court dismissed Stammeyer's claim after it concluded it did not have jurisdiction over the dispute. Because we conclude the proper

avenue for his complaint was the grievance procedure set forth by the collective bargaining agreement, we vacate the decision of the court of appeals and affirm the district court's order granting the State's motion to dismiss. I. Facts and Prior Proceedings Stammeyer served with the Iowa Army National Guard from 1981 through 2002 and qualifies as a "veteran" for the purposes of Iowa Code chapter 35C. See Iowa Code

Download MATTHEW JOHN STAMMEYER vs. DIVISION OF NARCOTICS ENFORCEMENT OF THE IOWA DEPARTM

Iowa Law