Executive Council of Iowa Monday, April 04, 2022 10:00 AM Teleconference Only

MEMBERS OF COUNCIL

Hon. Kim Reynolds | Governor
Hon. Paul D. Pate | Secretary of State
Hon. Rob Sand | Auditor of State
Hon. Michael L. Fitzgerald | Treasurer of State
Hon. Michael L. Naig | Secretary of Agriculture

Teleconference Only
Conference Call Phone Number: (866) 685-1580
Conference Code Pin: 0009990993

1.Approval of Minutes

1. A.Approval of the minutes from the Executive Council meeting held on March 21, 2022.

2.Iowa Code §7D.10

1. A.Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $9,600.00.

3.Special Counsel

1. A.The Department of Justice, Attorney General’s office requests retention of outside counsel pursuant to Iowa Code section 13.3(1) in Leland Mitchell v. Iowa Department of Transportation; State of Iowa and Second Injury Fund of Iowa, a workers’ compensation case filed by a state employee.

   Firm:                Patterson Law Firm, L.L.P.

   Attorney:         Ryan Clark

   505 5th Avenue

   Suite 729

   Des Moines, IA 50309

           Rate:                   $160.00 Per Hour 

4.Emergency Allocations

1. A.Iowa Communications Network is requesting an emergency allocation in the amount of $58,206.36. On January 12, 2022, a cable along Highway 9 north of 275th Street in Winneshiek County was damaged due to a rodent chew. Request is to cover repair costs. 

   The State Auditor’s Office has reviewed this request and recommends allocation, subject to audit of actual invoices and supporting documentation and demonstration that no costs covered by the maintenance contract have been included.

2. B.Iowa Communications Network is requesting an emergency allocation in the amount of $49,372.59. On February 8, 2022, a cable was damaged in two locations in Fayette County due to a rodent chew. Request is to cover repair costs. 

   The State Auditor’s Office has reviewed this request and recommends allocation, subject to audit of actual invoices and supporting documentation and demonstration that no costs covered by the maintenance contract have been included.

3. C.The Department of Administrative Services is requesting an emergency allocation in the amount of $3,393.80. On December 19, 2021, vehicle #1209 was damaged by a deer. Request is to cover repair costs.

   The State Auditor's Office has reviewed this request and recommends allocation subject to the audit of actual invoices.

4. D.Department of Public Safety - Iowa State Patrol is requesting an emergency allocation in the amount of $9,708.62. On January 21, 2022, vehicle #348 was damaged after striking a deer. Request is to cover repair costs.

   The State Auditor's Office has reviewed this request and recommends allocation subject to the audit of actual invoices.

5. E.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $27,850.75. This brings the total allocation to $135,000.55. On July 9, 2021, 25 Vehicles were damaged by hail. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation, subject to the audit of actual invoices. 

6. F.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $1,347.54. This brings the total allocation to $10,310.14. On October 15, 2021, vehicle #49 was damaged by a deer. Request is to cover repair costs.

   The State Auditor's Office has reviewed this request and recommends allocation and payment. This represents full and final payment and this allocation will be closed. 

7. G.Department of Public Safety is requesting an emergency allocation in the amount of $10,598.00. On October 20, 2021, a lightning strike damaged the communication tower at the Palo Alto site. Request is to cover repair costs.
   
   The State Auditor's Office has reviewed this request and recommends allocation and reimbursement. This represents full and final payment and this allocation will be closed. 

8. H.Department of Public Safety is requesting an emergency allocation in the amount of $7,555.19. On January 6, 2022, vehicle #217 was damaged by a deer. Request is to cover repair costs.

   The State Auditor's Office has reviewed this request and recommends allocation subject to the audit of actual invoices

9. I.University of Iowa is requesting an emergency allocation in the amount of $17,682.03. On March 8, 2021, the weight of snow and ice caused damage at the MacBride Nature Recreation Area Social Center. Request is to cover repair costs.

   The State Auditor's Office has reviewed this request and recommends allocation subject to audit of actual invoices.

10. J.University of Northern Iowa is requesting an emergency allocation in the amount of $1,005,153.40. On December 15, 2021, a wind storm caused damages to the roof at the Nielsen Fieldhouse and Wellness Recreation Center. Request is to cover repair costs.

    The State Auditor's Office has reviewed this request and recommends allocation subject to the audit of actual invoices

11. K.Department of Human Services - Woodward Resource Center is requesting an emergency allocation in the amount of $195,710.89. On August 10, 2020, a derecho caused roof, tree and water damage. Request is to cover repair costs.
    
    The State Auditor's Office has reviewed this request and recommends allocation and reimbursement is to be paid to the Department of Administrative Services. This represents full and final payment and this allocation will be closed.

5.Payment of Cost Items

1. A.Department of Administrative Services ………………....…………………….............$5,306.75
   On July 9, 2021, Vehicles #1305, #1499, #1348 and #2089 were damaged by hail. Request is to cover repair costs. 
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $368.75 will be reverted and this allocation closed.

2. B.Department of Administrative Services ………………....…………………….............$4,186.45
   On July 9, 2021, Vehicles #455, #202 and #155 were damaged by hail. Request is to cover repair costs. 
   The State Auditor’s Office has reviewed this request and recommends payment.  This represents full and final payment, $802.49 will be reverted and this allocation closed.

3. C.Denton Davis Brown PC……………………………………..…......................................$622.50
   215 10th Street, Suite 1300
   Des Moines, IA 50309-3993
   Special Counsel for Copyright, Trademark & Patent Issues
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment.  Payment will be made from the Iowa Department of Transportation.

4. D.Michael Marquess…….………………..………............................................................$5,000.00
   2183 Docks Drive
   Garwin, IA 50632
   Tribal cases when the offenses are committed by non-natives against non-natives (or without a victim) on the Sac and Fox Indian Settlement in Tama County
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment.  Payment will be made from the General Fund.

5. E.Richard J. Bennett, Sr..……………………………………………………………........$2,808.00
   PO Box 65666
   West Des Moines, IA 50265
   Special Counsel for the Criminal Appeals Division of the Iowa Attorney General’s Office
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment.  Payment will be made from the Attorney General’s Office’s Forfeiture Fund.  

6. F.Denton Davis Brown PC……………………………………..…......................................$386.50
   215 10th Street, Suite 1300
   Des Moines, IA 50309-3993
   Special Counsel Dentons Davis Brown Employee Retirement Income Security Act (ERISA)
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment. Payment will be made from the Unclaimed Property Fund. 

7. G.Davis, Brown, Koehn, Shors & Roberts, P.C…………………...........................................$90.20
   The Davis Brown Tower
   215 10th Street, Suite 1300
   Des Moines, IA 50309-3993
   Legal Services to state agencies on issues related to the visa status of prospective state employees
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Revenue

8. H.Davis, Brown, Koehn, Shors & Roberts, P.C…………………...........................................$65.00
   The Davis Brown Tower
   215 10th Street, Suite 1300
   Des Moines, IA 50309-3993
   Legal Services to state agencies on issues related to the visa status of prospective state employees
   
   Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Revenue

9. I.Department of Natural Resources …………………….……….....................$1,338.00
   Drainage taxes for the following county:
   
   Clinton County                     $1,338.00

   Michael J. Moss, Assistant Attorney General, has reviewed this request and recommends payment.

10. J.Simmons Perrine Moyer Bergman PLC…………………………………….$170.00
    115 Third Street SE, Suite 1200
    Cedar Rapids, IA 52401
    Tobacco Settlement Authority
    
    Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment.  Payment will be made from the Tobacco Settlement Authority. 

6.Adjourn Meeting