EXECUTIVE COUNCIL - March 8, 2021

Meeting Time
Meeting Location

Iowa State Capitol -Teleconference only
1007 East Grand Ave.
Des Moines, IA 50319
United States

Meeting Agenda Document
Meeting Agenda

 

 

 

 

EXECUTIVE COUNCIL OF IOWA AGENDA

 

 

- Teleconference Only –

 

Conference Call Phone Number: (866) 685-1580

Conference Code Pin: 0009990993

 10:00 AM

 

March 8, 2021

 

 

  1. Approval of minutes from the Executive Council meeting held on February 15, 2021

 

  1. Personal Appearance –

 

  1. Dennis Harper, Recovery Division Administrator, Iowa Department of Homeland Security and Emergency Management, will be present to request a Contingency Fund Loan for the City of Nashua.

TAB # 1

 

  1. Iowa Code §7D.10 – Page 1

TAB # 2

 

  1. Outside Counsel Page 1

TAB # 3

 

  1. Special Counsel Pages 1 – 2

TAB # 4, 5

 

  1. Emergency Allocations – Page 2

 

  1. Payment of Cost Items – Pages 3 – 4

 

 

 

 

 

  1. Iowa Code §7D.10
  1. Attorney General’s office request Payment for Expenses under Iowa Code §7D.10 in the amount of $22,400.00.

      TAB # 2

 

  1. Outside Counsel
  1. The Department of Justice, Attorney General’s office requests retention of outside counsel pursuant to Iowa Code section 13.3(1) in Kelly Hartz v. University of Iowa Hospitals & Clinics; 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:                      $140.00 Per Hour 

      TAB # 3

 

  1. Special Counsel
  1. The Department of Justice, Attorney General’s office requests retention of special counsel pursuant to Iowa Code section 13.7 to provide specialized legal services and representation to the Iowa Department of Revenue (IDR) with respect to centrally-assessed property tax cases against Buckeye Terminals, LLC and Buckeye Pipe Line Transportation, LLC (the Buckeye matters).

 

Firm:                                  Whitt Law, LLC

Supervising Attorneys:     Stuart L. Whitt and Joshua L. Whitt

                                                70 South Constitution Drive

                                                Aurora, IL 60506

Rate:                                  Fees will range from $250 to $210 per hour. Fees and associated costs will be paid by IDR from the Litigation Expense Fund pursuant V to Iowa Code section 441.73.

      TAB # 4

 

 

 

 

 

 

 

 

 

  1. The Department of Justice, Attorney General’s office requests retention of special counsel to provide legal advice to the Treasurer’s Office on probate issues in connection with the disposition of unclaimed property.

 

Firm:                      Wandro & Associates. PC

                              2501 Grand Avenue

                              Suite B

                              Des Moines, IA 50312

        Rate:                    For probate matters, the firm proposes a flat fee of $75 for routine matters and $175 for more complicated matters. For probate matters that cannot be resolved at a flat rate, the firm would charge hourly rates that range from $250 to $150 per hour. When hourly rates within this range are charged, the firm proposes to utilize attorneys with the lowest hourly rates who have the appropriate level of experience and knowledge. The firm may utilize a paralegal, as appropriate, at an hourly rate of $90. All attorney fees and costs will be paid from the Unclaimed Property Fund.

      TAB # 5

 

  1. Emergency Allocations
  1. Department of Administrative Services is requesting a supplemental emergency allocation in the amount of $1,255.23. This increases the total allocation to $31,956.32. On July 11, 2020, Vehicles #1519, #1524, #1526, #2258 and #105740 were damaged by. Request is to cover repair costs.

 

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

 

  1. Department of Public Safety is requesting a supplemental emergency allocation in the amount of $1,828.23. This brings the total allocation to $5,185.43. On May 31, 2020, State Patrol Vehicles 140 & 354 were damaged by protests/riots. 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.

 

  1. On October 5, 2020, the Executive Council approved an emergency allocation for the Department of Public Safety the amount of $7,797.13. The final invoices and supporting documentation came in under the $2,000.00 minimum threshold for 29C.20 claims.

 

      The State Auditor’s Office has reviewed this request and recommends Executive Council close the allocation and revert the amount of $7,797.13 to the State Treasury.

 

 

  1. Payment of Cost Items
  1. Department of Natural Resources …………………….………..........$4,028.03

Drainage Assessments Pursuant to Iowa Code Section 468.43:

 

      Cerro Gordo                                                                        $414.00

      Polk                                                                                  $3,614.03

 

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

 

  1. 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.

 

  1. Davis, Brown, Koehn, Shors & Roberts, P.C………………….........................$235.38

      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.

 

  1. Patterson Law Firm L.L.P….……………..….………………...........................$140.00

729 Insurance Exchange Building

505 Fifth Avenue

Des Moines, IA 50309-2390                                                                        

Melody Colvin v. Woodward Resource Center, State of Iowa and Second Injury Fund of Iowa

 

Jeffrey S. Thompson, Solicitor General, has reviewed this invoice and recommends payment.  Payment will be made from the Second Injury Fund.

 

 

 

 

 

 

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………....………….$1,206.57

      PO Box 771910

      Detroit, MI 48277-1910

University of Iowa Hospitals and Clinics (UIHC) Appeals

 

Jeffrey S. Thompson, Solicitor General, has reviewed these invoices and recommends payment.  Payment will be made from the funds of the University of Iowa Hospitals and Clinics.

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………...................…..$431.91

      PO Box 771910

      Detroit, MI 48277-1910

      University of Iowa Hospitals and Clinics (UIHC) Appeals

 

Jeffrey S. Thompson, Solicitor General, has reviewed these invoices and recommends payment.  Payment will be made from the funds of the University of Iowa Hospitals and Clinics.

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………....…………….$739.41

      PO Box 771910

      Detroit, MI 48277-1910

      University of Iowa Hospitals and Clinics (UIHC) Appeals

 

Jeffrey S. Thompson, Solicitor General, has reviewed these invoices and recommends payment.  Payment will be made from the funds of the University of Iowa Hospitals and Clinics.

 

 

Meeting Minutes Document
Meeting Minutes

 

EXECUTIVE COUNCIL OF IOWA

 

MINUTES

 

MARCH 8, 2021

 

 

 

 

The Executive Council met in regular session at 10:01 a.m. via conference call as a meeting in person was impractical due to the Governor’s State of Public Health Disaster Emergency Proclamation. Governor Kim Reynolds presided over the meeting. Secretary Paul Pate, Auditor of State Rob Sand and Secretary of Agriculture Michael Naig were present. Treasurer of State Michael Fitzgerald was absent.

Regular Session March 8, 2021

 

 

Moved by Secretary Pate and seconded by Secretary Naig that the Council approve the minutes of the Executive Council Meeting on February 15, 2021.

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                       Nays:                 None

Minutes Approved

 

 

Dennis Harper, Recovery Division Administrator, Iowa Department of Homeland Security and Emergency Management, was present to request approval of a Contingency Fund Loan for the City of Nashua.

 

Moved by Secretary Pate and seconded by Secretary Naig that the Executive Council approve the request.

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                                   Nays:                 None

Personal Appearance

Moved by Auditor Sand and seconded by Secretary Naig that the Council approve the request from the Attorney General’s Office for payment of Expenses Under Iowa Code §7D.10 in the amount of $22,400.00 for prosecuting cases under Iowa Code chapter 229A.

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                       Nays:                 None

Approved Iowa Code §7D.10

 

 

Moved by Secretary Naig and seconded by Auditor Sand that the Council approve the request from the Department of Justice, Attorney General’s office as follows:

 

  1. The Department of Justice, Attorney General’s office requested retention of outside counsel pursuant to Iowa Code section 13.3(1) in Kelly Hartz v. University of Iowa Hospitals & Clinics; 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:                      $140.00 Per Hour 

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                       Nays:                 None

Approved Outside Counsel

 

 

 

Moved by Secretary Pate and seconded by Auditor Sand that the Council approve the request from the Department of Justice, Attorney General’s office as follows:

 

  1. The Department of Justice, Attorney General’s office requested retention of special counsel pursuant to Iowa Code section 13.7 to provide specialized legal services and representation to the Iowa Department of Revenue (IDR) with respect to centrally-assessed property tax cases against Buckeye Terminals, LLC and Buckeye Pipe Line Transportation, LLC (the Buckeye matters).

 

Firm:                                  Whitt Law, LLC

Supervising Attorneys:     Stuart L. Whitt and Joshua L. Whitt

                                                70 South Constitution Drive

                                                Aurora, IL 60506

 

Rate:                                  Fees will range from $250 to $210 per hour. Fees and associated costs will be paid by IDR from the Litigation Expense Fund pursuant V to Iowa Code section 441.73.

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                                    Nays:                None

 

Moved by Secretary Naig and seconded by Auditor Sand that the Council approve the request from the Department of Justice, Attorney General’s office as follows:

 

  1. The Department of Justice, Attorney General’s office requested retention of special counsel to provide legal advice to the Treasurer’s Office on probate issues in connection with the disposition of unclaimed property.

 

Firm:                      Wandro & Associates. PC

                              2501 Grand Avenue

                              Suite B

                              Des Moines, IA 50312

        Rate:                    For probate matters, the firm proposes a flat fee of $75 for routine matters and $175 for more complicated matters. For probate matters that cannot be resolved at a flat rate, the firm would charge hourly rates that range from $250 to $150 per hour. When hourly rates within this range are charged, the firm proposes to utilize attorneys with the lowest hourly rates who have the appropriate level of experience and knowledge. The firm may utilize a paralegal, as appropriate, at an hourly rate of $90. All attorney fees and costs will be paid from the Unclaimed Property Fund.

     

Approved Special Counsel

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                       Nays:                None

 

 

 

Moved by Secretary Pate and seconded by Auditor Sand that the Council approve the following emergency allocations:

 

  1. Department of Administrative Services requested a supplemental emergency allocation in the amount of $1,255.23. This increases the total allocation to $31,956.32. On July 11, 2020, Vehicles #1519, #1524, #1526, #2258 and #105740 were damaged by. Request was to cover repair costs.
  2. Department of Public Safety requested a supplemental emergency allocation in the amount of $1,828.23. This brings the total allocation to $5,185.43. On May 31, 2020, State Patrol Vehicles 140 & 354 were damaged by protests/riots. Request was to cover repair costs. This represents full and final payment and this allocation will be closed.

 

  1. On October 5, 2020, the Executive Council approved an emergency allocation for the Department of Public Safety the amount of $7,797.13. The final invoices and supporting documentation came in under the $2,000.00 minimum threshold for 29C.20 claims. This allocation will be closed and $7,797.13 reverted to the State Treasury.

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                                    Nays:                None

Approved Emergency Allocations

 

 

Moved by Secretary Naig and seconded by Auditor Sand that the Council approve the following cost items:

 

  1. Department of Natural Resources …………………….………..........$4,028.03

Drainage Assessments Pursuant to Iowa Code Section 468.43:

 

      Cerro Gordo                                                                        $414.00

      Polk                                                                                  $3,614.03

 

  1. 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

 

  1. Davis, Brown, Koehn, Shors & Roberts, P.C…………………...................$235.38

      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

 

 

 

 

 

 

  1. Patterson Law Firm L.L.P….……………..….…………............................$140.00

729 Insurance Exchange Building

505 Fifth Avenue

Des Moines, IA 50309-2390                                                                        

Melody Colvin v. Woodward Resource Center, State of Iowa and Second Injury Fund of Iowa

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………....…….$1,206.57

      PO Box 771910

      Detroit, MI 48277-1910

University of Iowa Hospitals and Clinics (UIHC) Appeals

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………...................$431.91

      PO Box 771910

      Detroit, MI 48277-1910

      University of Iowa Hospitals and Clinics (UIHC) Appeals

 

  1. Hall Render Killian Heath & Lyman P.C. (Baker)……………....……….$739.41

      PO Box 771910

      Detroit, MI 48277-1910

      University of Iowa Hospitals and Clinics (UIHC) Appeals

 

The vote:         Ayes:                Governor Reynolds

                                                  Secretary Pate

Auditor Sand

Secretary Naig

                       Nays:                 None

Approved  Payment of Cost Items

 

 

The Meeting adjourned at 10:06 a.m.

 

Meeting adjourned

                                                              Respectfully submitted,

                                                                            

 

Victoria Newton

Executive Secretary