Executive Council of Iowa Monday, January 06, 2025 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. Roby Smith | Treasurer of State
Hon. Mike Naig | Secretary of Agriculture

Teleconference Only
Conference Call Phone Number: (877) 304-9269
Conference Code Pin: 364626

1.Approval of Minutes

1. A.Approval of the minutes from the Executive Council meeting held on December 2, 2024 and the Board of Canvass meeting held on December 2, 2024.

2.Iowa Code §7D.10

1. A.Attorney General’s office requests Payment for Expenses under Iowa Code §7D.10 in the amount of $8,486.89.

3.Special Counsel

1. A.The Department of Justice, Attorney General’s Office requests retention of special counsel to provide legal services and representation to Iowa with respect to investigations into and possible litigation of certain business practices of Institutional Shareholder Services Inc. (ISS) and Glass Lewis & Co (Glass Lewis). The engagement will be governed by a separate contingent fee agreement under Iowa Code section 23B.3.
   
    Firm:                       Lehotsky Keller Cohn LLP
                                                    200 Massachusetts Ave NW
                                                    Washington, District of Columbia, 20001
   Rate:                          Governed by a separate contingent fee agreement under Iowa Code section 23B.3

2. B.The Department of Justice, Attorney General’s Office requests retention of special counsel to provide legal services for the Department of Administrative Services in regard to real estate transactions pertaining to the sale of Department of Health and Humans Services and Department of Corrections owned farmland.
   
    Firm:                       Nyemaster Goode P.C.
    700 Walnut St # 1600                                               
                                                    Des Moines, IA 50309
   Rate:                          $300 per hour

4.Emergency Allocations

1. A.Department of Administrative Services is requesting an emergency allocation in the amount of $2,085.00. On September 24, 2024, Vehicle #2318 was damaged by a raccoon. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

2. B.Department of Administrative Services is requesting an emergency allocation in the amount of $11,951.90. On October 8, 2024, Vehicle #1721 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 audit of actual invoices.

3. C.Department of Administrative Services is requesting an emergency allocation in the amount of $5,692.80. On October 10, 2024, Vehicle #465 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 audit of actual invoices.

4. D.Department of Administrative Services is requesting an emergency allocation in the amount of $3,341.83. On October 11, 2024, Vehicle #353 was damaged by a raccoon. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

5. E.Department of Administrative Services is requesting an emergency allocation in the amount of $16,433.01. On October 11, 2024, Vehicle #440 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 audit of actual invoices.

6. F.Department of Administrative Services is requesting an emergency allocation in the amount of $2,809.54. On October 16, 2024, Vehicle #99 was damaged by a raccoon. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

7. G.Department of Administrative Services is requesting an emergency allocation in the amount of $4,205.46. On October 16, 2024, Vehicle #1266 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 audit of actual invoices.

8. H.Department of Administrative Services is requesting an emergency allocation in the amount of $2,207.43. On October 19, 2024, Vehicle #105694 was damaged by a raccoon. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

9. I.Department of Administrative Services is requesting an emergency allocation in the amount of $14,712.35. On October 25, 2024, Vehicle #1743 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 audit of actual invoices.

10. J.Department of Natural Resources is requesting an emergency allocation in the amount of $6,100.00. On August 29, 2024, the beach bathroom at Clear Lake State Park in Cerro Gordo County was damaged by high winds. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

11. K.Department of Natural Resources is requesting an emergency allocation in the amount of $6,353.85. On June 22, 2024, Dolliver Memorial State Park was damaged by a flood. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

12. L.Department of Natural Resources is requesting an emergency allocation in the amount of $33,771.11. On June 26, 2024, Fairport State Recreation Area was damaged by flood. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

13. M.Department of Natural Resources is requesting an emergency allocation in the amount of $9,192.94. On August 10, 2024, the Lynn Lorenzen Boat Dock at Ventura Access along Clear Lake partially collapsed. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

14. N.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $129,500.00. This brings the total allocation to $250,500.00. On April 26, 2024 through May 9, 2024, various ISICS communication towers (Shelby,
    Storm Lake, Van Wert, Clarinda, Calhoun, Marion, Newton, Davis) were damaged by storm/tornado. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices. A portion of the damages will likely qualify for disaster assistance provided through FEMA Declared Disasters. Therefore, once the amount of disaster assistance provided through FEMA has been determined, the approved allocation should be reduced by that amount.

5.Payment of Cost Items

1. A.Department of Administrative Services ………………....……………...................$5,413.70
   On June 12, 2024, Vehicle #611 was 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, $300.67 will be reverted and this allocation closed.

2. B.Department of Administrative Services ………………....……………...................$4,033.35
   On August 1, 2024, Vehicle #1038 was damaged by a deer. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $1,571.63 will be reverted and this allocation closed.

3. C.Iowa Communications Network ………………....……………...................$11,210.00
   On August 9, 2024, two locations in Adair County had exposed cable due to excessive erosion. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

4. D.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$280.00
   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
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Revenue.

5. E.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$157.50
   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
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the Iowa Department of Education.

6. F.Patterson Law Firm L.L.P…….…..……………..…….....................................................$96.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                                         
   Leland Mitchell v. Iowa Department of Transportation and State of Iowa and Second Injury Fund of Iowa
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

7. G.Patterson Law Firm L.L.P…….………………..………...................................................$64.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                                         
   Ronald Simmons v. Iowa Department of Transportation and State of Iowa and Second Injury Fund of Iowa
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

8. H.Patterson Law Firm L.L.P…….………………..…….......................................................$48.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                                         
   Amy Ausborn v. Eldora State Training School and State of Iowa and Second Injury Fund of Iowa
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

9. I.Patterson Law Firm L.L.P…….…..……………..……….................................................$262.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                                         
   Wendy Netolicky v. University of Iowa Hospitals & Clinics and State of Iowa and Second Injury Fund
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

10. J.Patterson Law Firm L.L.P…….………………..…….........................................................$384.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Diane Chase v. Woodward Resource Center and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

11. K.Patterson Law Firm L.L.P…….………………..…….........................................................$32.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    John Larson v. Newton Correctional Facility and Clinics and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

12. L.Patterson Law Firm L.L.P…….…..……………..……….................................................$80.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Shana Overstreet v. University of Iowa Hospitals and Clinics, State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

13. M.Patterson Law Firm L.L.P…….………………..…….......................................................$48.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Brad Stevenson v. Iowa Department of Transportation, State of Iowa, Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

14. N.Patterson Law Firm L.L.P…….………………..…….......................................................$176.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Patricia Brown v. Iowa Correctional Institution for Women, State of Iowa, Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

15. O.Patterson Law Firm L.L.P…….………………..…….......................................................$144.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Karen Crew v. University of Iowa Hospitals and Clinics, State of Iowa, Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

16. P.Patterson Law Firm L.L.P…….………………..…….......................................................$482.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Therese Blake v. Woodward Resource Center and State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

17. Q.Gray Miller Persh, LLP…………………………………….…......................................$44.20
    2233 Wisconsin Avenue NW 
    Suite 226 
    Washington, D.C. 20007
    Iowa PBS
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from Iowa PBS.

18. R.Marquess & Hoyer Law Office, P.C.…………………………......................................$6,000.00
    203 W. High Street
    P.O. Box 51
    Toledo, IA 52342
    Criminal Prosecution for Meskwaki Settlement Matters
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the funds of the General Fund.

19. S.Dentons Davis Brown Law Firm……………………………………....….…...…………$350.00
    The Davis Brown Tower
    215 10th Street, Suite 1300
    Des Moines, IA 50309
    Unclaimed Property Probate Matters
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Unclaimed Property Fund.

20. T.Patterson Law Firm L.L.P…….………………..…….......................................................$516.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Karen Crew v. University of Iowa Hospitals and Clinics, State of Iowa, Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund.

21. U.Patterson Law Firm L.L.P…….………………..……..................................................$2,256.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Jeffrey Welder v. Iowa State University, State of Iowa and Second Injury Fund of Iowa
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Second Injury Fund. 

22. V.Richard J. Bennett, Sr..…………………………………….………………….…….........$678.00
    PO Box 65666
    West Des Moines, IA 50265
    Special Counsel for the Criminal Appeals Division of the Iowa Attorney General’s Office
    
    Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment. Payment will be made from the Attorney General’s Office’s Forfeiture Fund.  

6.Information Items

1. A.Notification from the State Auditor’s Office that funds previously allocated for the Department of Administrative Services to cover damages to Vehicle #621 due to hail on June 12, 2024 are not required; $13,777.04 will be reverted and this allocation closed.

7.Adjourn Meeting