1

Miller, Joel

From: Charles.Harrington@iowacourts.govSent: Friday, May 16, 2014 3:27 PMTo: Miller, JoelSubject: Re: Open records request on Disciplinary Board File #2014-31

Dear Mr. Miller: There are no open records associated with this file. The controlling provision is Iowa Court Rule 34.4(3), which reads in relevant part: "The board shall keep all files confidential, unless otherwise provided or directed in writing by the chair of the board, or the chair's designee, for disciplinary purposes." Sincerely, Charles L. Harrington Assistant Director, Office of Professional Regulation Administrator, Att'y Disciplinary Bd. From: "Miller, Joel" <Joel.Miller@linncounty.org> To: "charles.harrington@iowacourts.gov" <charles.harrington@iowacourts.gov>, Date: 05/16/2014 02:55 PM Subject: Open records request on Disciplinary Board File #2014-31

Dear Mr. Harrington:   Today, I received your letter re the above case.     Since I have not seen the Respondent’s response to my complaint, I would like to see Mr. Vander Sanden’s response(s) to the Board.  In addition, I would like to hear the Board’s discussion of the File and see the written minutes of the Board’s discussion, if any.  In other words, I am requesting the open records associated with File #2014‐31 and I would prefer them in electronic form if available.   Please let me know what is available and how much it might cost.   Regards,   Joel D Miller, Auditor, CERA Office of Linn County Auditor 935 2nd ST SW Cedar Rapids, IA 52404 319-892-5333   Graduate of Gallup® Successful Strengths Coaching Program   Clifton StrengthsFinder® signature themes:  Individualization, Learner, Achiever, Relator, and Belief.  

LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA

MONDAY, FEBRUARY 24, 2014 9:00 A.M. (These are the minutes in their entirety. Archived minutes can be found at

www.linncounty.org). The Board met in session at the Linn County Jean Oxley Public Service Center. Present: Vice Chairperson Langston, Supervisors Rogers and Harris. Absent: Chairperson Barron and Supervisor Oleson (personal business). Board members voting “AYE” unless otherwise noted. Stephanie Neff and Amy Thuente met with the Board to provide an update on Blue Zones activities. A PowerPoint presentation was presented that addressed citizens, employers, restaurants, grocery, schools and policy. Neff also discussed cooking classes with NewBo and cooking demonstrations at HyVee (Moai’s). Jackson Elementary currently has 40 students that are participating in a walking school bus route with a goal of more than 200 students. Thuente thanked the Board for their previous support noting that the funding in 2013 helped Blue Zones to get their programs off the ground. She stated that they are looking for financial support in the amount of $10,000 for 2014. Supervisor Langston asked that Thuente put her request in writing and submit to the Board noting that decisions will be made in early July. She also encouraged her to come back to the Board in June to provide another update. Langston also discussed possibilities of Moai’s with the Downtown Rotary group. A Public hearing was called to order to discuss 1st consideration on case A-01-14, Unified Development Code Ordinance Amendment. Dan Swartzendruber, Planning and Development, stated that this is in regards to two UDC amendments. The first one is to allow for a larger accessory building for maintenance purposes within identified seasonal cabin areas. The other thing is to establish procedures for permitting utility scale solar installations. There are a few issues, in the opening purpose statement in the ordinance, it’s mentioned that Linn County allows (and encourages) utility scale photovoltaic installations; however, concentrated solar power (CSP) systems are prohibited. Buffering/screening is included as a proposed component of the site development requirements to mitigate possible negative visual aspects of this type of an installation. An operations and maintenance (O & M) plan is required as part of the application process which deals with soil erosion, a sediment control plan and a storm water management plan will be required. A decommissioning and reclamation plan is also included. Motion by Rogers, seconded by Harris to close public hearing. Motion by Rogers, seconded by Harris to approve upon 1st consideration case A-01-14, Unified Development Code Ordinance Amendment. Larry Hlavacek, Health Dept., met with the Board to discuss service agreement between PolicyStat, LLC, and Linn County Public Health. He stated that the Iowa Dept. of Public Health has a grant for quality improvement projects ($8,000) and the Health Dept. identified one project. The solution to this project was to utilize software for policy management. PolicyStat has a program that would allow Public Health to store up to 1,000 documents on the site for tracking of the policies. The program will track who has read the policies, expiration dates and all of the changes that have been made. A three year agreement is $15,480 and a five year agreement is $19,500. Hlavacek recommends the five year agreement. The Board will approve Wednesday. Mechelle Dhondt, MHDD, met with the Board to discuss MHDD Vocational Pilot Contracts for To The Rescue projects. She stated that this is two of five pilot projects. These are being done by To the Rescue, one is a coffee kiosk and one is a garden center. The idea behind them is for people who lost funding to sheltered workshops and were forced into dayhab and are getting put back into employment. The Board will approve Wednesday. Jerry Vander Sanden, Linn County Attorney, met with the Board to discuss conflict of interest with County Auditor. He stated that he wanted to bring to the Board’s attention a matter he feels they should be advised of. Auditor Joel Miller filed an ethics complaint against him with the Attorney’s Disciplinary Board for the State of Iowa. Vander Sanden wanted to make a full public disclosure and thinks it is in the best public interest. He feels that when people realize that an ethics complaint has been filed against a lawyer, sometimes they assume the worst. Vander Sanden felt it was best to present to the Board and clear the air so everybody is aware of what has been alleged. Supervisor Langston stated that she wanted to note that this was filed against Vander Sanden, as an attorney, and not the Linn County Attorney’s Office. Vander Sanden stated that Miller’s complaint relates to a long standing arrangement the County Attorney’s Office has with the US Attorney’s Office in the Northern District of Iowa. Specifically in regards to employment of Special US Attorney’s that are paid for by a federal grant that is administered through the county (dual role). They act as Special Assistant US Attorney’s but they are also considered Assistant

Linn County Attorney’s practicing exclusively in federal court (high profile narcotics cases with special emphasis in methamphetamine). Vander Sanden feels that this arrangement is a valuable resource to the people of Linn County. He interpreted the complaint that he has in some way deceived or misrepresented to the public that these assistants are licensed to practice law in the state courts. The contract states they are only authorized to practice in federal court and if they were to appear in state court they would have to be licensed to practice in state court first. In order to practice in federal court they have to be admitted in any state in the union and then admitted to practice in the federal district court in which practice. Assistant Linn County Attorney’s do not have to be licensed to practice in state court under Iowa Code, only the office holder (Vander Sanden). He wants to assure the Board that he doesn’t believe he deceived or misled the public about Special US Attorney’s credentials. Vander Sanden has been told it could take up to six months for the disciplinary board to rule on this matter therefore, they will have to continue with the services of Bob O’Shea until they find out the results of this investigation. Vander Sanden stated that his next step is to respond to the complaint within 20 days. Supervisor Langston asked for clarification as to whether Auditor Miller filed the complaint as a citizen or County Auditor and Vander Sanden responded that he filed in his capacity as Linn County Auditor. He stated that there is more to this complaint than what has been explained. Ever since the lawsuit was resolved Auditor Miller has been checking up on whether lawyers in Vander Sanden’s office are properly licensed. Supervisor Rogers clarified that any attorney who does work on Vander Sanden’s behalf is considered an Assistant Linn County Attorney and Vander Sanden confirmed that statement. The Board discussed sending a letter asking for an expedited resolution to this issue and in the meantime O’Shea will represent the Auditor’s Office. Vander Sanden instructed Gary Jarvis to contact O’Shea to make sure he’s agreeable to the arrangement. Supervisor Harris stated that this is extremely unfortunate that taxpayer money has to be spent on this type of thing and it’s not only paying for Mr. O’Shea. Vander Sanden has better things to do with his time and things that are on his list of things to do will suffer and it will cost even more for the taxpayers. Harris stated that he would stack Vander Sanden’s ethics and the ethics of his department against the ethics of any county in the country. He understands Vander Sanden is concerned about public opinion and Harris would like to get this dealt with quickly and he’s in favor of trying to do that. Vander Sanden agreed that he would like to resolve this issue as quickly as possible and stated that this is something he thought he needed to bring to the Board’s attention and hear it from him. Supervisor Langston explained agreement 2014-16-262 (Memorandum of Understanding) between Linn County Board of Supervisors and Iowa Department of Transportation regarding the identification of property necessary for proposed Iowa 100 improvements. She stated that it’s essentially between the DOT and Linn County for some portions of land acquisitions that are necessary for Hwy. 100 project. Conservation has a copy and is beginning the process. Jack Roeder, Prospect Meadows, and Darrin Gage, Dir. of Policy & Admin., met with the Board to discuss request from Prospect Meadows to lease space in the Linn County Engineer’s office building. Roeder stated that for the past two and a half years they have been using office space at a bank but due to the bank growing they have been given 30 day’s notice (end of February) to find new office space. He stated that the space available where the Conservation offices were before moving to Wickiup Hill seemed like a natural location since it’s next to the site. Their hopes are to break ground this fall or at the latest next spring. Gage stated that he quoted Roeder $10.50/sq. ft. for two offices and conference room and Supervisor Langston stated that she is comfortable with $8.50/sq. ft. (or less). Supervisor Harris concurred. This will be on Wednesday’s agenda. Motion by Harris, seconded by Rogers to approve Employment Change Roster (Payroll Authorizations) as follows: FACILITIES DEPARTMENT Custodian David Hedrick End of Probation 1/28/14 10A $14.62+$.25-10B $15.09+$.25 Custodian Brian Buhr New employee–on call 2/24/14 10A $14.62 + $.25 SHERIFF’S OFFICE Sergeant Gary Vancura Termination/retirement 3/31/14 Sergeant Steve Erceg Transfer to Patrol 2/23/14 Sergeant Tim Payne Transfer to Patrol 3/02/14 Sergeant Joel Peshek Transfer to Correctional 3/09/14 Secretary Kathleen Green Termination/retirement 6/27/14 Admin Asst. Linda Hauber Termination/retirement 4/04/14 Sergeant Scott Williams Termination/retirement 3/31/14 LIFTS LIFTS Driver Bill Hepker End of Probation 3/16/14 55A $16.18–55B $16.98 COMMUNITY SERVICES Income Mntc Worker Sarah Montgomery Layoff Worker 2/14/14 57E $23.21/hr. Income Mntc Worker Sarah Montgomery Recall 2/14/14 57E $23.21/hr.

The Board received and placed on file a letter from Joe Rasmussen regarding PPME arbitration. LEGISLATIVE UPDATE Supervisor Langston stated that for informational purposes, the White House Office of Intergovernmental Affairs is doing a call today related to the Affordable Care Act. The President will be on the phone and there will be about 40 people in the board room relating to the Affordable Care sign up. The Board is prepped for tomorrow’s presentations to legislature for both Conservation and Public Health. Adjournment at 9:58 a.m. Respectfully submitted, JOEL D. MILLER, Linn County Auditor By Amanda Hoy, Executive Assistant

THE IOWA SUPREME COURT ATTORNEY DISCIPLINARY BOARD Complaint Form

(Complete a separate form for each attorney about whom you are complaining.)

1. Your name: AUDITOR JOEL D. MILLER

Street Address: 935 2ND ST SW

EmailAddress:JOEL.MILLER@LlNNCOUNTY.ORG

City: CEDAR RAPIDS State: IOWA Zip: 52404

Telephone: Home _____ ; Cell ______ ; Business 319-892-5333

2. Name of attol'ney about whom you are complaining: JERRY A. VANDER SANDEN

Street Address: 51 THIRD AVE BRIDGE

City: State: IOWA Zip: 52401 Telephone: 319-892-6350 CEDAR RAPIDS

3· Did you hire the attorney (yes or no)? If yes, when did you hire the

attorney? ______ ~ __

If no, what is your connection to the attorney? LI N N COU NTY ATTOR NEY

4. If your complaint is about a lawsuit or court case, answer the following:

a. Name of comt (examples: Iowa Disttict Comt for Polk County; United States Disttict Comt

for NOIthern District ofIowa)---'N=/A-'--______________________ _

b. Case title (examples: Smith vs. Jones; State vs. Doe) ______________ _ c. Caseno. ______________________________ _

5. Type or write neatly on one or more separate sheets of paper a detailed factual statement of what the attorney did or did not do. Return the sheet(s) with this form. Write on only one side of tile complaint form and the additional sheets ofpapel'. Please attach copies of documents that prove 01' help to explain your complaint, such as fee agreements, letters, checks, receipts, itemized billings, and court papers. Send only copies, not original documents, as we are not able to return yom' documents to you.

In filing this complaint, you are waiving confidentiality and attorney-client privileges, if any, between you and the attorney named above. This waiver allows the attorney to disclose your confidential information to the extent reasonably necessary to respond to the complaint,

I certify under penalty of petjmy and pursuant to the laws of the state of Iowa that the allegations of this complaint are tt'lle and correct.

Date /7' ; .. (; iii .2.,., / 4< signat~:n ~ Send the completed form to: Iowa Supreme Court Attorney Disciplinary Board

Judicial Branch Building 1111 East Comt Avenue Des Moines, IA 50319 Telephone: (515) 725-8017

Llnn County Auditor Linn County, Iowa

Joel D. Miller, Auditor Rebecca Shoop, Flnl Deputy

February 14, 2014

Mr. Paul H. Wieck II Director - Office of Professional Regulation Iowa Supreme Court Attorney Disciplinary Board 1111 East Court Avenue Des Moines, IA 50319

RE: EMPLOYMENT OF LISA CHRISTINE WILLIAMS - A PERSON NOT ADMITTED TO PRACTICE LAW IN THE COURTS OF IOWA - AS ASSISTANT LINN COUNT ATTORNEY

Dear Mr. Wieck:

On 29 May 2012, Linn County Attorney Jerry A. Vander Sanden signed an employment agreement with the U.S. Attorney's Office for the Northern District of Iowa which indicates Ms. Lisa Christine Williams is an Assistant Linn County Attorney. This agreement is a public record and available to the public upon request.

Code of Iowa Chapter 331.751 indicates a county attorney shall be a person admitted to the practice of law in the courts of this state.

I am the Linn County Auditor and one of my duties is to pay the County's employees. Today, Williams was paid with County tax dollars for her work as a County employee. County payroll records are public records, available to the public upon request, and printed annually in the County's official newspapers.

Linn County Human Resources classified Williams as a Special Prosecutor in the Office of Linn County Attorney. While some HR records are confidential public records, records verifying employment are public records and available to the public upon request.

The Linn County Board of Supervisors approved a resolution appointing Williams as an Assistant Linn County Attorney on 5 June 2012. The resolution and minutes are public records and available to the public upon request.

Jerry A. Vander Sanden is the duly elected and current Linn County Attorney - see http://www.linncounty.org/department.asp?Dept Id=5&Page Id=345.

In reading Vander Sanden's 13 February 2014 email to me, he appears to be saying that his office is acting merely as a payroll agent for the U.S. Attorney; yet, he represents in the agreement that Williams is an Assistant Linn County Attorney.

linncountyauditor.org Public Service Center 935 Second Streel Southwest Cedar Rapids. Iowa 62404·2100

auditor@linncounty.org Phone 319.892.5300

lax 319.892.6359

My complaint is against Vander Sanden. He is holding out to the public that Williams is an Assistant Linn County Attorney when Williams is not presently qualified to hold the positions of Assistant Linn County Attorney or Linn County Special Prosecutor.

I believe the remedy is: 1> Williams becomes qualified to hold the position of Assistant Linn County Attorney or 2> Williams resigns or 3> the agreement is rewritten to indicate that Williams is not being held out to the public as holding the position of Assistant Linn County Attorney.

I do not believe that the last sentence prior to V. Term Of This Agreement, i.e., "". shall exercise no authority ... without the express consent of the Linn County Attorney" relieves Vander Sanden of his duty to ensure his assistant attorneys are duly qualified under the laws of the State of Iowa and the rules of professional conduct adopted by the Courts of Iowa.

I request that you andlor the Board or Court consider my complaint and take the appropriate actions necessary to address my complaint.

Respectfully submitted,

~fo?;7~--Joel D. Miller Linn County Auditor

Attachments: Employment Agreement; Vander Sanden email to Miller dated 2/13/2014; Oath of Office for Williams received 2/14/2014 and dated 2/11/2014; Excerpt of minutes of the Linn County Board of Supervisors dated 6/512012.

. . .. SPECIAL ASSISTANT U.S. ATTORNEY

CROSS·DESIGNATED EMPLOYMENT AGRgEMENT PURSUANT TO THE MIDWEST HIDTA (HIGH INTENSITY DRUG TRAFFICKING

AReAS) PROGRAM

This Agreement entered Into this 80. day of U, 2012, between Linn County, Iowa and the Linn County Attorney (hereinafter referre to as "county"), the United StE)tes Attorney's Office for the Northern DIstrIct of low~ (hereinafter referred to as "U.S."), and Lisa ChrIstine Williams, an attorney licensed' In the State of Washington and duly appointed by the United States Attorney's Office as a SpecIal Assistant U.S. Attorney (hereinafter referred to as "Williams") pursuant to the Midwest High Intensity Drug Trafficking Areas (HIDTA). Under the rules and regulations of the Federal Courts and the U.S. Department of Justice, 'an attorney representing the United States may be admitted to practloe In any State or the Dlstrlot of Columbia and Is allowed to represent the United Slates in any federal court. The Midwest HJDTA Speolal AssIstant United States Attorney (SAUSA) Inltlallve Is deSigned to enhance the resources of the U.S. Attorney's office to ensure that additional methamphetamine oases are aggressively proseouted at the federal or state level. The Midwest HIDTA funded SAUSAunder this agreement will be oross·deslgnated to assist state proseoutors (County) In addition to the United States. Prior to appearing In any state oourt, Lisa Christine Williams agrees to become licensed to practice law In the State of Iowa or otherwise comply with Chapter 31 of the Iowa Court Rules.

Wll'Nt::$SEl'H, IN CONSIDERATION of the mutual undertakings and agreements hereinafter set fOI1h, County, U.S., and Williams, oontlngent upon funding from the Midwest HIDTA program, agreeas follows:

.. '

I. WILLIAMS AGREES TO:

A. Services. Provide to the U. S. Attorney's Office, on a full·tlme basis, his . services, as a competent, licensed attorney to serve as an.Asslstant Linn County Attorney and a Special Assistant United States Attorney for the Northern District of Iowa and as such, assist the U.S, Attorney's Offloe In aggressively prosecuting methamphetamine and other drug·related oases and perform.other duties as may be deSignated by U.S, In fulfilling Its dulles and responsibilities pursuant to the terms of the HIDTA program.

13. Resignation. Williams shall notify the County and his Immediate supervisor at the U.S, Attorney's Office at least thirty (30) days prior to the desired date of resignation. .

C. At Will Employee. Williams hereby agrees that his appointment and employment as an Assistant Linn County Attorney and as a Special Assistant UnIted States Attorney for the Northern District Of Iowa are at will and such appointments and employment may be terminated at any time by the County or U.S. without cause. The foregoing shall apply and prevail notwithstanding any other policies or practices, written or verbal, of County or U.S. to the contrary.

II. U.S. AGREI::S TO:

A. Performanoe Reviews. The Immediate supervisor of WIlliams at the U.S. . Attorney's Offloe will conduct annual performance appraisals based upon a comparison

of job performance and job expeotatlons as set forth by U.S. Performanoe appraisals must be completed during Maroh 1 - May 31 of each-fiscal year and a copy provided to County by May 31. Williams shall not participate In any County merit pay plan and performance appraisals of Williams shall not be the basis for a salary Increase under any County merit pay plan. . . .

B. Administrative Asslstanoe. Provide the necessary administrative assistance, Including but not limited to, office space, office eqylpment, support staff, and supplies, to SAUSA as may be necessary to allow WIlliams to perform his duties as deSignated by U.S. Attorney's Office. U.S. shall absorb all costs related thereto.

C. Reimbursement to Count'l, The Midwest HIDTA Northern Iowa SAUSA Initiative falls under the direction of the United States Attorney. These progm't,'ns are . responsible for reimbursing the County for all expenses related to the employment of Williams, Including salary, benefits and other expenses. Reimbursement Is processed through the funds assigned to the HIDTA speclflc{dly for the SAUSA Initiatives. The County shall submit applloatlon for reimbursement to the U,S. for all funds paid to WIlliams In the form of salary, benefits, and other expenses on a monthly basis, Upon review the U.S. will forward the approved applloatlons to the appropriate entities for reimbursement to be paid by the appropriate entities dlreotly to the County. The County shall provldo necassary aooounting Information directly to HIDTA program staff for the . appropriate reimbUrsement through dlreot deposit, .

III. COUNTY AGREES TO:

A. Salarl/. Pay to Williams for services provided as set forth in Seotlon I(A) of this Agreement and as designated by U,S" an annual salary of $75,651. Said salary may be Increased during the term of this Agreement at the sole dlsoretlon of U.S. The Midwest HIDTA Ntlrthern Iowa SAUSA Initiative falls under the direction of the United States Attorney. These programs are responsible for reimbursing the County for all expenses related to the employment of Williams, Including salary, benefits and other expenses, Reimbursement Is processed through the funds assigned (0 the HIDTA Program, speclfloally for the SAUSA Initiatives. The County shall submit application for reimbursement to the U,S. for all funds paid to Williams In the form of salary, benefits, and other expenses on a monthly basis. Upon review, the U.S, will forward the approved applications to the appropriate entilles for relmbursemef1t to be paid by the appropriate entilles directly to the County. The County shall provide necessary acoountlng Informallon directly to HIDTA program staff for the approprlata reimbursement through direct deposit.

B. Benefits. For purposes of this Agreement, Williams shall at all times be designated a full-time employee of Unn County, Iowa as defined by Chapter 20 of the Code of Iowa, and as an employee of County, shall be entitled to the following County benefits of employment:

1. Paid leave Policy. The Paid Leave Policy combines the benefits of paid slok leave, vacation and personal days. The Paid Leave Polloy is comprised of (1) Short

Tehn LaElve and (2) Long Term Illness/Injury Leave. Williams's vaoatlon and personal leave accumulation at the time of Implementation of the Policy will be as eet fOl1h In the County's Polloles and Procedures for ManElgemenl, Attorneys and Confidential Personnel, dated July 1, 2011 - June 30, 2012, Paid Leave Policy Section, Pages 5·6, and by this reference incorporated herein as If set forth verbatim herein. This polley does not supersede any federal Jaws Including the Family and Medloal Leave Aot (FMLA). See, Family and Medloal Leave Act section as set forth In the County's Policies and Prooedures for Management, Attorneys and Oonfldentlal Personnel, dated July 1, 2011 • June 30, 2012, Family and Medloal Leave Aot, Pages 5·6, and by this referenoe Incorporated herein as If set forth verbatim herein. '

2. Holldav§. There shall be eleven (11) regular paid holidays each calendar year. The parties agree that the days Williams utilizes as the paid holidays shElIl be adjusted to colnoldewlth the legal holidays observed by the U.S. Attorney's Offloe.

3. Other le@ve. Winiams sh.dl be entitled to the Family and Medloal Leave Act, Military Leave, Court and Jury Leave, Bereavement Leave, Professional Leave and On, the-Job Injuries Leave benefits provided to County employees as set forth In the Oounty's Policies and Procedures for Management, Attorneys and Confldenllal Personnel, dated July 1, 2011· June 30, 2012, Pages 13 .. 14, and by this referenoe Inoorporated herein as If set forth verbatim herein.

. . 4. Group Insurance. Williams shall be offered the County's group health, dental

and life Insurance polloles as set forth In the Group Insurance section of Ihe County's Policies and Procedures for Management, Attorneys and Confidential Personnel, dated July 1, 201.1 - June 30, 2012, Pages 15-17, and by this reference Incorporated herein as If set forth verbatim herein.

IV. ADMINISTRATION:

U.S. shall defend, save harmless and Indemnify Counly, Its elected officials, amployees, and agents against any and all olalms or demands, for, or In conneotlon with, any accident, Injury, death or damage, Whatsoever, oaused to any person or property arising, directly or Indlreotly, out of Williams's acts or omiSSions, undertaken In the pelformance of this Agreement. rhls agreement to defend, save harmless, and Indemnify shall apply whether or not County and/or U.S. Is a party to the aotion and shall Include, but not be limited to, cases arising under Title 42 United States Code Seotion 1983.

This Agreement, as set fOlth In Seotions I through VI herein, oonstltutes the entire agreement amongst Oounty, U.S. andWllliams concarnlng Williams's appointment and employment as an Assistant Linn County Attorney and appointment as a Special Assistant United States Attorney for the Northern Dlstrlot of Iowa. Representations made by anyone on behalf of County or U.S., and any polioles or practices of County or U.S" verbal or Written, are not binding. No party has relied upon any such representations, policies o/' practices In entering Into this Agreement. Any change or alteration to the terms of this Agreement must be In the form of an addendum to the Agreement. Said addendurn shall be effective only upon written approvElI of County and U.S.

It Is the policy of the U.S. Allorney's Office and COUllty to achieve a drug-free workplace that Williams shall be required to pass a drug test to screen for Illegal drug use prior to final appointment. Employment Is conllngent upon the satisfactory completion of a background Investigation by the U.S. Attorney's Office.

The parties agree that Williams shall exercise no authority as an Assistant Linn County Attorney, Independent of his authority as a Special Assistant United Stat~s Attorney of the Northern District of Iowa, Including but not limited to Initiation of state criminal proseoullons, without the express consent ofthe Linn County Allorney.

V. TERM OF THIS AGREEMENT;

1 This Agreement shall oommenoe onlabout July 9, 2012, and shall be In effeot until onlabout July 8,2014, unless terminated earlier by any party to this Agreement.

2. This Agreement shall terminate of Its own aooord and without further notice should Williams no longer occupy the position of Special Assistant U.S. Attorney or Assistant Linn County Attorney for any reason.

VI. EFFECTIVE DATE:

'fhls Agreement shall be effective upon lIs execution by Ihe parties, retroactive to the commencement of the Agreement term as provided herein.

IN WITNES~H REOF, the parties hereto have set their hands for the purposes herein eXPf6ssed t this Instrument, as of the dates below Indicated.

LINN COUNTY, I A • J .

BY: BY: rJrJ C IRPERSON, LINN COUNTY ,0 NTV AnORN~Y

BOAR4 ~~ ~PERVISORS ~ /; q (I J-Dat~ Dat~

UNITE:D STATES ATTO N -Y FOR THE NORTHERN DISTRICT OF IOWA BY:

Date • BY

Miller, Joel

From: Vander Sanden, Jerry Sent: To:

Thursday, February 13, 20144:15 PM Miller, Joel

Cc: Jarvis, Gary Subject: RE: Lisa Christine Williams

Ms. Williams is paid for her services by way of a federal grant that is administered through the county. She works at the U.S. Attorney's Office and is admitted to practice in federal court for the Northern District of Iowa. The only requirement, which she has met, is to have an active license with a state bar. She does not practice in state court. If you have any further questions please feel free to contact Sean Berry at the U.S. Attorney's Office at 363-6333.

Jerry A. Vander Sanden Linn County Attorney Linn County Courthouse Cedar Rapids, IA 52403 (319) 892-6350 jerry. vandersanden@linncounty.org

From: Miller, Joel Sent: Thursday, February 13, 2014 3:25 PM To: Vander Sanden, Jerry; Jarvis, Gary Subject: FW: Lisa Christine Williams

Jerry and Gary,

Just now, I tried calling you and I was diverted to voice mail (Jerry) and dialtone (Gary) ....

You may want to encourage Assistant County Attorney Lisa Williams to self-report to the Office of Professional Regulation as she may not be in compliance with Iowa's rules of professional conduct - see below. I have a contract and payroll records - public records - in my possession which indicate Ms. Williams is being paid as and working as an Assistant Linn County Attorney. My staff, other County employees, and members of the public are likely aware of her status and official title.

I believe this is a situation that you should handle in a timely manner. As Auditor, I believe I have a fiduciary responsibility to ensure that the personnel on our County payroll should be on our payroll. Based upon Mr. Wieck's email, I'm thinking - maybe wrongly - that Ms. Williams should not be on our payroll as an assistant county attorney/special prosecutor.

If I am in error in my thinking, I have confidence you will let me know. If I am not in error, I would like to know that as well.

Regards,

Joel 0 Miller, C.E.RA Linn County Auditor 2013 Auditor of the Year (Seloct'" by low, Secre/,,,, of S/'/'J

ISAGA District 6 President 935 2nd ST SW Cedar Rapids, IA 52404 319-892-5333

From: Paul.WieckII@iowacourts.gov [mailto:Paul.WieckII@iowacourts.gov] Sent: Thursday, February 13, 2014 2:43 PM To: Miller, Joel Subject: Re: Lisa Christine Williams

1

Dear Mr. Miller:

Thank you for forwarding additional information regarding Ms. Williams. The contract you forwarded, standing alone, does not cause me concern insofar as lawyer licensing and unauthorized practice (matters within the purview of the Office of Professional Regulation) are concerned. The contract makes clear that before she appears in state court, Ms. Williams must become licensed to practice in Iowa under our court rules. In addition, it appears that she has not in fact appeared as counsel in any Iowa state court matter to this point in time.

The only caution I have is that care should be taken not to communicate to the public her status as an assistant county attorney until she is admitted to practice in Iowa. That caution is based on a provision in our rules of professional conduct that a lawyer not admitted in Iowa should not hold out to the public that he or she is admitted to practice in Iowa.

Because the Office of Professional Regulation is part of Judicial Branch, I am not able to provide an legal opinion regarding the application of Iowa Code section 331.751 or section 331.903 to this situation involving Ms. Williams.

Best regards,

Paul Paul H. Wieck II, Director Office of Professional Regulation Tel. (515) 725-8029

From: "Miller, Joel" <JoeI.MilIer@finncountyoro> To: f I Cc: Date: Subject: Usa Christine Williams

Dear Mr. Wieck,

I did more research and determined that Ms. Williams is licensed to practice in the State of Washington per her contract (see attached). I also located her In the Washington State Bar Association's Lawyer Directory (see screens hot below). While I understand her contract says any attorney working for the Federal government can be a licensed attorney of any state, does the contract overrule Iowa law which indicates an Iowa (Assistant) County Attorney must "be admitted to the practice of law In the courts of this state" - see Iowa Code 331.751(2)7

Further, I have no record of Ms. Williams taking an oath of office, which in Linn County equates to a Certificate of Appointment and my office is the official custodian of those appointments per Iowa Code 331.903(2).

Please keep In mind that I discovered this anomaly with Ms. Williams while conducting an ad hoc audit of the County's payroll and Ms. Williams is currently on Linn County's payroll. I understand what the Federal Attorney and County Attorney are trying to do. I would just like to confirm that Iowa law is being followed and Linn County has someone on payroll who should be on our payroll.

I've attached my email to the Linn County Attorney. He has yet to respond to me, which is not that unusual.

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o 2l t h of Office

I, Lisa Christine Williams, do solemnly swear that I will support the

Constitution ohhe United States and the Constitution ofthe State of

Iowa, and that I will faithfully and impartially, to the best of my ability,

discharge all the duties of ASSISTANT LINN COUNTY

ATTORNEY, in the County of Linn, State oflowa, as now or hereafter

is required by law.

SUBSCRIBED TO AND SWORN BEFORE me this t It'\'-- day of February 2014.

Signature Of Officer Administering Oath

ATTEST:

Joel Miller, Linn County Auditor

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Miller, Joel

From: Sent: To: Subject:

Shoop, Becky Friday, February 14, 2014 3:56 PM Miller, Joel 6/5/12 BOS minutes

LINN COUNTY BOARD OF SUPERVISORS CEDAR RAPIDS, LINN COUNTY, IOWA TUESDAY, JUNE 5, 2012 9:00 A.M.

The Board met in session at Linn County tqest. Present: Chairperson Oleson, Vice Chairperson Harris (via telephone) and Supervisors Barron. Absent: Supervisor Langston and Rogers (other county business), Board members voting "Aye II unless otherwise noted. The Pledge of Allegiance was led by Chairperson Oleson. f:.1otion by Barron, seconded by Harris to approve Consent Agenda as follows:

Authorize Chairperson to sign Certificate of Self-Insurance for the configuration of Linn County-owned communication equipment on a tower ovmed and operated by Alliant Energy -- Linn County I its Elected Officials, Employees and Agents, Insured; Interstate Power and Light Company, An Alliant Energy Company, Certificate Holder.

Resolution 2012-6-89, approving Kroeger's Second Addition, Minor Boundary Change Case MBC-05-11.

Resolution 2012-6-90, approving Hunters Big Creek Farm, Minor Boundary Change Case MBC-05-12.

Resolution 2012-6-91, for appointment of Amy Michelle Koopman as assistant Linn County attorneys assigned as special prosecutors in U.S. attorney's office.

Resolution 2012-6-92, for appointment of Lisa Christine Williams as assistant Linn County attorneys assigned as special prosecutors in U.S. attorney's office.

Rebecca Shoop. First Deputy Linn County Auditor's Office (319) 892-5308

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