Executive Council of Iowa Tuesday, January 09, 2024 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 4, 2023.

• 12-04-2023 Minutes.pdf (0.29 MB)

2.Personal Appearances

1. A.Luke Donahe, Iowa Department of Homeland Security and Emergency Management, will be present to request the following: 
   1.                Allocate $1,316,186.00 pursuant Iowa Code 29C.6(17) for Presidential Disaster Declaration DR-4732 (Flooding event, 4/24/2023 to 5/13/2023, declared 8/25/2023).
   2.                Approval of Hazard Mitigation Financial Assistance in the amount of $2,570,474.00 (Iowa Code 29C.7) for the Building Resilience Infrastructure and Communities (BRIC) Program.

• A. Personal Appearance.pdf (0.85 MB)

3.Iowa Code §7D.10

1. A.Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $19,109.49.

• A. SVP.pdf (0.68 MB)

4.Special Counsel

1. A.The Department of Justice, Attorney General’s Office, requests retention of special counsel to represent the Iowa Telecommunications and Technology Commission/Iowa Communications Network (“ICN”) to provide legal services related to federal law and regulations. 
   
                                                    Nelson Mullins
                    101 Constitution Avenue
                    NW Suite 900
                    Washington, D.C., 20001
   Rate: Monthly rate of $3,375 for an initial term of one year with all attorney fees and costs to be paid from the Iowa Communications Network.

• A. ICN Special Counsel Request.pdf (0.72 MB)

5.Emergency Allocations

1. A.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $62.00. This brings to total allocation to $3,066.65. On May 24, 2023, Vehicle #362 was damaged by a fox. 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. DAS Vehicle #362 AOS Claim 3544 Payment Request.pdf (1.86 MB)

2. B.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $1,168.61. This brings the total allocation to $9,940.94. On June 7, 2023, Vehicle #105240 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.

• B. DAS Vehicle #105240 AOS Claim 3570 Payment Request.pdf (2.04 MB)

3. C.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $963.64. This brings to total allocation to $4,395.03. On June 19, 2023, Vehicle #2793 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.

• C. DAS Vehicle #2793 AOS Claim 3555 Payment Request.pdf (1.80 MB)

4. D.Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $1,818.91. This brings the total allocation to $6,890.00. On June 26, 2023, Vehicle #2567 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.

• D. DAS Vehicle #2567 AOS Claim 3560 Payment Request.pdf (2.06 MB)

5. E.Department of Administrative Services is requesting an emergency allocation in the amount of $4,583.05. On October 13, 2023, Vehicle #117271 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.

• E. DAS Vehicle #117271 AOS Claim 3621 Allocation Request.pdf (3.78 MB)

6. F.Department of Administrative Services is requesting an emergency allocation in the amount of $4,505.98. On October 16, 2023, Vehicle #16 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.

• F. DAS Vehicle #16 AOS Claim 3622 Allocation Request.pdf (4.25 MB)

7. G.Department of Administrative Services is requesting an emergency allocation in the amount of $6,055.94. On October 22, 2023, Vehicle #1368 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.

• G. DAS Vehicle #1368 AOS Claim 3630 Allocation Request.pdf (2.34 MB)

8. H.Department of Administrative Services is requesting an emergency allocation in the amount of $3,234.00. On October 23, 2023, Vehicle #325 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.

• H. DAS Vehicle #325 AOS Claim 3631 Allocation Request.pdf (3.69 MB)

9. I.Department of Administrative Services is requesting an emergency allocation in the amount of $2,008.05. On October 26, 2023, Vehicle #2356 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.

• I. DAS Vehicle #2356 AOS Claim 3632 Allocation Request.pdf (3.08 MB)

10. J.Department of Administrative Services is requesting an emergency allocation in the amount of $2,648.36. On October 29, 2023, Vehicle #414 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.

• J. DAS Vehicle #414 AOS Claim 3633 Allocation Request.pdf (4.17 MB)

11. K.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $1,275.03. This brings to total allocation to $10,273.28. On March 15, 2023, Fire Marshall Vehicle #715 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.

• K. DPS Fire Marshall Vehicle AOS Claim 3462 Request for Payment.pdf (2.98 MB)

12. L.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $312.00. This brings to total allocation to $4,350.15. On April 19, 2023, State Patrol Vehicle #204 was damaged by storms and strong winds.  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.

• L. DPS SPV #204 AOS Claim 3569 Request for Payment.pdf (1.89 MB)

13. M.Department of Public Safety is requesting a supplemental emergency allocation in the amount of $2,386.55. This brings to total allocation to $9,501.40. On June 9, 2023, State Patrol Vehicle #315 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.

• M. DPS SPV #315 AOS Claim 3556 Request for Payment.pdf (2.21 MB)

14. N.Department of Public Safety is requesting an emergency allocation in the amount of $29,400.01. On September 9, 2023, numerous vehicles were vandalized. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation subject to audit of actual invoices.

• N. DPS 09.09.2023 AOS Claim 3593 Request for Allocation.pdf (10.87 MB)

15. O.Department of Corrections - Anamosa State Penitentiary is requesting an emergency allocation and reimbursement in the amount of $3,699.86. On April 21, 2023, high winds caused a power outage and damage to generators and equipment. Request is to cover repair costs.

    The State Auditor’s Office has reviewed this request and recommends allocation and reimbursement. This represents partial payment as an additional request will be submitted when further repairs are completed.  

• O. DOC Anamosa AOS Claim 3504 Allocation and Payment #1 Request.pdf (3.65 MB)

16. P.Department of Corrections - Anamosa State Penitentiary is requesting a supplemental emergency allocation in the amount of $9,000.00. This brings to total allocation to $12,399.86. On April 21, 2023, On April 21, 2023, high winds caused a power outage and damage to generators and equipment.. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends allocation and payment of $9,000.00. This represents partial payment as an additional request will be submitted when all repairs are completed.

• P. DOC Anamosa April 21, 2023 AOS Claim 3504 Allocation and Payment #2.pdf (4.14 MB)

17. Q.Department of Natural Resources is requesting a supplemental emergency allocation in the amount of $100,207.90. This brings the total allocation to $357,436.43. Request is to cover repair costs not covered by FEMA.

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

• Q. DNR August 2020 Derecho AOS Claim 1986 Request for Supplemental Allocation.pdf (5.66 MB)

6.Payment of Cost Items

1. A.Department of Administrative Services ………………....…………….........................$5,283.30
   On March 10, 2023, Vehicle #105663 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, $88.69 will be reverted and this allocation closed.

• A. DAS Vehicle #105663 AOS Claim 3461 Payment Request.pdf (2.07 MB)

2. B.Department of Administrative Services ………………....…………….........................$3,329.41
   On April 26, 2023, Vehicle #2002 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. DAS Vehicle #2002 AOS Claim 3498 Payment Request.pdf (1.77 MB)

3. C.Department of Administrative Services ………………....…………….........................$3,434.95
   On May 31, 2023, Vehicle #495 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.

• C. DAS Vehicle #495 AOS Claim 3546 Payment Request.pdf (1.57 MB)

4. D.Department of Administrative Services ………………....…………….........................$8,272.10
   On July 4, 2023, Vehicle #1192 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, $7,936.50 will be reverted and this allocation closed.

• D. DAS Vehicle #1192 AOS Claim 3562 Payment Request.pdf (1.50 MB)

5. E.Department of Administrative Services ………………....…………..……...................$9,769.50
   On July 7, 2023, State Patrol Vehicle #283 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.

• E. DAS Vehicle #283 AOS Claim 3564 Payment Request.pdf (1.58 MB)

6. F.Department of Public Safety………………....……………………………...................$2,731.84
   On February 1, 2022, State Patrol Vehicle #105149 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.

• F. DPS SPV #105149 AOS Claim 3581 Request for Payment.pdf (1.33 MB)

7. G.Department of Public Safety ………………....……………..........................................$3,370.25
   On August 21, 2022, State Patrol Vehicle #344 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.

• G. DPS SPV #344 AOS Claim 2362 Request for Payment.pdf (1.52 MB)

8. H.Department of Public Safety ………………....………………………...…...................$4,218.40
   On March 31, 2023, State Patrol Vehicle #803 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, $103.50 will be reverted and this allocation closed.

• H. DPS SPV #803 AOS Claim 3466 Request for Payment.pdf (1.96 MB)

9. I.Department of Public Safety ………………....……………..........................................$2,349.75
   On April 21, 2023, State Patrol Vehicle #213 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.

• I. DPS SPV #213 AOS Claim 3507 Request for Payment.pdf (1.25 MB)

10. J.Department of Public Safety ………………....……………........................................$10,260.82
    State Patrol Vehicle #309 was damaged by hail on May 7, 2023, and damaged by a raccoon on May 9, 2023. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• J. DPS SPV #309 AOS Claim 3518 Request for Payment.pdf (2.09 MB)

11. K.Department of Public Safety ………………....…………………...………...................$5,465.78
    On May 7, 2023, State Patrol Vehicle #214 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.

• K. DPS SPV #214 AOS Claim 3510 Request for Payment.pdf (1.45 MB)

12. L.Department of Public Safety ………………....…………………………......................$6,432.20
    On May 7, State Patrol Vehicle #161 and #431 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.

• L. DPS SPV #161 and #431 AOS Claim 3512 Request for Payment.pdf (2.28 MB)

13. M.Iowa Communications Network………………....………………….……...................$19,350.74
    On May 25, 2023, a rodent caused damage to a cable at 155th Street and Quail Avenue in Floyd County. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment, $149.76 will be reverted and this allocation closed.

• M. ICN Floyd County AOS Claim 3548 Payment Request.pdf (2.03 MB)

14. N.Board of Regents - University of Iowa………………....……………..........................$75,890.29
    On December 31, 2020, a failed steam valve caused damages at the College of Public Health. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• N. IOWA Public Health Building AOS Claim 2055 Payment Request.pdf (4.34 MB)

15. O.Board of Regents - University of Iowa………………....…………...……...................$15,558.95
    On February 8, 2021, frozen and burst water lines caused water damaged at the Field House. Request is to cover repair costs.
    
    The State Auditor’s Office has reviewed this request and recommends payment. This represents full and final payment.

• O. IOWA Field House AOS Claim 2066 Payment Request.pdf (1.21 MB)

16. P.Gray Miller Persh, LLP……………………………………...........................................$2,431.00
    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.

• P. Gray Miller Persch inv 39860.pdf (1.03 MB)

17. Q.Richard J. Bennett, Sr..…………………………………….……………………….......$2,958.00
    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.  

• Q. Richard Bennett Invoice Nov. 2023.pdf (1.32 MB)

18. R.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.

• R. Hillers Legal Invoice Nov 23 and Dec 23.pdf (0.69 MB)

19. S.Patterson Law Firm L.L.P…….………………..…….......................................................$364.00
    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

• S-DD Patterson Invoice.pdf (3.06 MB)

20. T.Patterson Law Firm L.L.P….……………..….………………………..……....................$228.00
    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.  

• S-DD Patterson Invoice.pdf (3.06 MB)

21. U.Patterson Law Firm L.L.P….……………..….……………………....…............................$96.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

22. V.Patterson Law Firm L.L.P….……………..….……………………...............................$1,280.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

23. W.Patterson Law Firm L.L.P…….………………..…….......................................................$346.00
    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.

• S-DD Patterson Invoice.pdf (3.06 MB)

24. X.Patterson Law Firm L.L.P…….………………..…….......................................................$336.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Cheryl Doyle-Carrig v. UIHC 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.

• S-DD Patterson Invoice.pdf (3.06 MB)

25. Y.Patterson Law Firm L.L.P…….………………..…….......................................................$368.00
    729 Insurance Exchange Building 
    505 Fifth Avenue
    Des Moines, IA 50309-2390                                                         
    Sam Ferrell v. Iowa State Penitentiary 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.

• S-DD Patterson Invoice.pdf (3.06 MB)

26. Z.Patterson Law Firm L.L.P…….………………..…….........................................................$80.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

27. AA.Patterson Law Firm L.L.P…….…..……………..………...................................................$98.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

28. BB.Patterson Law Firm L.L.P…….…..……………..………..............................................$1,448.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

29. CC.Patterson Law Firm L.L.P…….………………..……….....................................................$34.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

30. DD.Patterson Law Firm L.L.P…….………………..………...................................................$416.00
    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. 

• S-DD Patterson Invoice.pdf (3.06 MB)

7.Adjourn Meeting