Brett S. Nitzschke

Contact Information

Brett S. Nitzschke
526 Second Avenue SE Cedar Rapids, Iowa 52401
319-365-9101 extension 135
Email: brett@lynchdallas.com
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Practice Areas

  • Employment and Labor Law
  • School Law

Mr. Nitzschke chairs the Public Sector group of Lynch Dallas, P.C.  He regularly represents school districts, cities, and counties and provides daily counsel and advice on a variety of issues including employee discipline, open meetings and public records, ADA accommodations/interactive processes, FMLA matters, construction contracts, student rights and discipline, special education issues, and any other matters facing Iowa public employers.  In addition, he regularly represents school districts, cities, and counties in collective bargaining and employment litigation.

Cases and Experience

  • American Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Community School District, 818 N.W.2d 231 (Iowa 2012) (successfully defended school district from a claim by the ACLU that the school district violated the Iowa Open Records Law).
  • Glenwood Community School District v. Glenwood Education Association, 2010 PERB 8249 (successfully represented school district in the lead case involving the interpretation of the Iowa legislature’s changes to state education funding and teacher salary schedules).

Education

  • The University of Iowa (J.D., 1988)
  • The University of Iowa (B.A., 1985)

Professional Affiliation

Active or formerly active in the following organizations:

  • Iowa Council of School Board Attorneys
  • National School Board Association Council of School Attorneys
  • Iowa Municipal Management Institute
  • Iowa League of Cities
  • Iowa City/County Management Association

Additional Biographical Information

  • Law Clerk, United States District Court for the Northern District of Iowa (1989-1991)
  • Law Clerk, Iowa District Court, Fifth Judicial District (1988)

Presentations and Publications

  • Doing Better with Less: Properly Implementing Employee Leave, Iowa School Finance Information Services, 2015
  • Top 5 Things City Managers/Administrators Should Know About Municipal Law, Iowa Municipal Managers Institute, 2015
  • Open Meetings and Open Records Laws, School Administrators of Iowa, 2015
  • Social Media: What School Administrators Should Know, School Administrators of Iowa, 2015
  • Considerations in Disclosing Employee Information, Iowa School Finance Information Services, 2014
  • Human Resources Legal Issues: Ask the Attorney, Privacy and Social Media Issues, Iowa Municipal Management Institute, 2014
  • Legal Considerations Relating to Hiring, School Administrators of Iowa, 2014
  • When Employees and Students Behave Badly:  Technology Policies and Computer Forensics, Iowa School Finance Information Services, 2013
  • Current Negotiation Issues Facing Public School Districts, Grant Wood Area Education Agency, 2013
  • Technology Issues Related to Students and Staff, School Administrators of Iowa, 2013
  • Compelling School Law Issues, Iowa School Finance Information Services, 2012
  • Technology: Staff, Students, and School Authority, School Administrators of Iowa, 2012
  • Legal and Policy Issues of Appropriate Uses of Technology Through Social Networking Sites, Email, and Other Electronic Resources, Iowa School Finance Information Services, 2011
  • Policy and Practice Regarding Student and Staff Use of Technology in the Educational Environment, Great Prairie Area Education Agency, 2011
  • Access to Students at School, School Administrators of Iowa, 2011
  • What’s New in School Law and What School Administrators Need to Know to Stay Ahead with Technology Issues, School Administrators of Iowa, 2010
  • Collective Bargaining, Iowa City/County Management Association, 2010
  • Video and Audio Capturing Technology and Schools, School Administrators of Iowa, 2010
  • Student Rights in the Cyber Age, School Administrators of Iowa, 2009
  • Cell Phone and E-Mail Policies and Related Student and Staff Technology Issues, School Administrators of Iowa, 2007
  • Cyberbullying and Other Technology Issues in Education, School Administrators of Iowa, 2007
  • Technology Issues in Education, School Administrators of Iowa, 2006
  • E-Mail and Computer Technology, School Administrators of Iowa, 2004
  • Hot Topics in School Law, Statewide Workshop for Iowa Administrators, 2003