Executive Council of Iowa Monday, October 02, 2023 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 September 5, 2023.

• 09-05-2023 Minutes.pdf (0.30 MB)

2.Personal Appearances

1. A.Dennis Harper, Iowa Homeland Security and Emergency Management Department, will be present to request a Resolution of Funds in the amount of $250,000.00 pursuant to Iowa Code §29C.20A & §29C.20B with regard to Governor’s Proclamation of a State of Disaster Emergency for Appanoose, Benton, Cedar, Clinton, Davis, Delaware, Des Moines, Dubuque, Grundy, Iowa, Jackson, Jasper, Johnson, Keokuk, Linn, Lucas, Mahaska, Marshall, Monroe, Muscatine, Poweshiek, Scott, Story, Wapello, and Washington counties

• Executive Council Request for 2023-10-02 agenda.pdf (0.63 MB)

3.Outside 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 Sharon Jackson v. University of Iowa Hospitals and Clinics and 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  

• Sharon Jackson v. University of Iowa Hospitals and Clinics and State of Iowa and Second Injury Fund of Iowa.pdf (0.42 MB)
• Jackson, Sharon - Executed Contract 10.04.2023.pdf (0.12 MB)

4.Leases

1. A.Lease between DNR and Robert H. Amen and Shelly R. Amen
   Date of Lease: January 1, 2023 to December 31, 2027
   Legal Description: A portion of Lot 12 in Block 36 of James McGregor Jr’s Addition with 50 feet of depth and 100 feet of frontage in Section 27, Township 95 North, Range 3 West of the 5th P.M., Clayton County, Iowa.
   Purpose: Continued presence of a driveway, retaining wall, house and deck
   Annual Fee: $300.00
   
   Andrew E. Steffensmeier, Assistant Attorney General, has reviewed the above lease and approved the lease as to form.

• 123-R Amen -Lease.pdf (0.89 MB)

5.Emergency Allocations

1. A.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $518.75. This brings to total allocation to $3,151.75. On September 17, 2022, State Patrol Vehicle #438 was damaged by hail. 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.

• A. DPS SPV #438 AOS Claim 2382 Request for Supplemental Allocation and Payment.pdf (1.60 MB)

2. B.Department of Public Safety is requesting an emergency allocation in the amount of $2,242.20. On May 7, 2023, State Patrol Vehicle #340 was damaged by hail. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• B. DPS SPV #340 AOS Claim 3525 Request for Allocation.pdf (3.26 MB)

3. C.Department of Public Safety is requesting an emergency allocation in the amount of $26,166.00. On March 31, 2023, storms caused broken radomes at the Iowa and Woodward ISICS Communication Towers. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• C. DPS Iowa and Woodward ISICS Communication Towers AOS Claim 3483 Request for Allocation.pdf (1.07 MB)

4. D.Board of Regents - University of Iowa is requesting an emergency allocation in the amount of $91,376.92. On February 5, 2023, a frozen & burst pipe at the Field House caused water damages. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• D. IOWA Field House AOS Claim 2265 Allocation Request.pdf (1.42 MB)

6.Payment of Cost Items

1. A.Department of Public Safety………………....……………...................$2,272.90
   On May 26, 2023, State Patrol Vehicle #314 was damaged by a raccoon. Request is to cover repair costs.
   
   The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• A. DAS Vehicle #314 AOS Claim 3545 Payment Request.pdf (1.19 MB)

2. B.Department of Public Safety………………....……………...................$7,069.78
   On January 4, 2023, State Patrol Vehicle #824 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.

• B. DPS SPV #824 AOS Claim 3438 Request for Payment.pdf (1.73 MB)

3. C.Thomas Hillers…….………………..……….................................................................$10,000.00
   112 Main St West, Suite 100
   State Center, IA 50247
   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
   
   Leif Olson, Chief Deputy Attorney General, has reviewed this invoice and recommends payment.  Payment will be made from the General Fund.

• C. Hillers Legal Invoice - July and August.pdf (0.56 MB)

4. D.Gray Miller Persh, LLP……………………………………..............................................$1,547.00
   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.

• D. Gray Miller Persh Inv 39301.pdf (0.83 MB)

5. E.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$638.00
   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 Natural Resources.

• E-F Denton's Davis Brown Approvals DNR.pdf (1.28 MB)

6. F.Davis, Brown, Koehn, Shors & Roberts, P.C………………………….............................$145.00
   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 Natural Resources.

• E-F Denton's Davis Brown Approvals DNR.pdf (1.28 MB)

7. G.Patterson Law Firm L.L.P…….………………..…….........................................................$16.00
   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

8. H.Patterson Law Firm L.L.P….……………..….………………………..……....................$50.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                          
   John Baker v. Iowa Veterans Home 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.  

• G-P Patterson Invoices.pdf (4.42 MB)

9. I.Patterson Law Firm L.L.P….……………..….……………………..……........................$320.00
   729 Insurance Exchange Building 
   505 Fifth Avenue
   Des Moines, IA 50309-2390                                                                         
   Donald Briggle v. Iowa DOT, 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. 

• G-P Patterson Invoices.pdf (4.42 MB)

10. J.Patterson Law Firm L.L.P….……………..….………………………..……....................$641.50
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                          
    Dawn Cline 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.  

• G-P Patterson Invoices.pdf (4.42 MB)

11. K.Patterson Law Firm L.L.P…….………………..…….........................................................$905.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Betty Detert v. DHS Johnson County 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

• G-P Patterson Invoices.pdf (4.42 MB)

12. L.Patterson Law Firm L.L.P…….………………..……….....................................................$64.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Luanna Hollingsworth 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. 

• G-P Patterson Invoices.pdf (4.42 MB)

13. M.Patterson Law Firm L.L.P….……………..….………………………..……....................$363.50
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                          
    Stephen Littlepage 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.  

• G-P Patterson Invoices.pdf (4.42 MB)

14. N.Patterson Law Firm L.L.P…….…..……………..………...................................................$84.00
    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. 

• G-P Patterson Invoices.pdf (4.42 MB)

15. O.Patterson Law Firm L.L.P…….………………..………...................................................$554.00
    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. 

• G-P Patterson Invoices.pdf (4.42 MB)

16. P.Patterson Law Firm L.L.P…….………………..………....................................................$32.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                       
    Debbie Wessels v. Department of Correctional Services 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. 

• G-P Patterson Invoices.pdf (4.42 MB)

7.Iowa Code §97C.13A

1. A.Request from IPERS for reimbursement for Federal-State Agreement Administration Costs in the amount of $8,383.89.

• 97C.13A.pdf (0.75 MB)

8.Information Items

1. A.The City of Seymour made their sixth Contingency Loan payment of $17,180.00. This loan was approved for $284,837.00 on May 8, 2017 and is prorated not to exceed twenty years. Total repayment to date: $44,360.00. 

9.Adjourn Meeting