CHAPTER 12
DAS CUSTOMER COUNCIL
541—12.1(82GA,SF2400) Definitions.
“DAS” means the department of administrative services created by Iowa Code chapter 8A.
“DAS customer council” means a group responsible for overseeing operations with regard to a service funded by fees paid by a governmental entity or subdivision receiving the service when the department and DAS have determined that DAS shall be the sole provider of that service.
“Department” or “DOM”  means the department of management created by Iowa Code chapter 8.
“Economies of scale” means mass purchasing of goods or services, which results in lower average costs.
“Large agency” means a state agency with more than 700 permanent employees.
“Leadership function” means a service provided by the department and funded by a general appropriation. Leadership functions typically relate to development of policy and standards and are appropriate when standardization is required and the ultimate customer is the taxpayer.
“Marketplace service” means a service that the department is authorized to provide, but which governmental entities may provide on their own or obtain from another provider of the service.
“Medium-sized agency” means a state agency with 70 to 700 permanent employees.
“Quorum” means the presence of no less than a simple majority (50 percent plus 1) of the members eligible to vote.
“Small agency” means a state agency with fewer than 70 permanent employees.
“Utility service” means a service funded by fees paid by the governmental entity receiving the service and for which DAS is the sole provider of the service.
541—12.2(82GA,SF2400) Purpose. The purpose of this chapter is to establish a customer council to oversee operations with regard to services provided when the department has determined that DAS shall be the sole provider of a service and to ensure that DAS meets the needs of affected governmental entities and subdivisions and those citizens served.
541—12.3(82GA,SF2400) Utility determination. Services for which the department has determined that DAS shall be the sole provider are designated “utilities” in Iowa state government. Customers may choose the amount of service they purchase, but must buy from the single source. Utilities are those services for which a monopoly structure makes sense due to economies of scale. The process for determining whether DAS shall be the sole provider of a service shall include consideration of economic factors, input from the customer council and input from upper levels of the executive branch.
541—12.4(82GA,SF2400) Customer council established. In order to ensure that DAS utilities provide effective, efficient, and high-quality services that benefit governmental entities and the citizens they serve, this chapter establishes a customer council for services identified as utilities.
541—12.5(82GA,SF2400) Customer council membership. Customer council membership shall consist of the chairperson and vice chairperson, 11 state agency representatives, a judicial branch representative overseeing DAS services provided to the judicial branch, two legislative branch representatives overseeing DAS services provided to the legislative branch, and nonvoting ex-officio members.
	12.5(1) Method of appointment of members.
	a. 	Executive branch agency representation. The customer council will include four members from large agencies, four members from medium-sized agencies and three members from small agencies.
	(1)	Selection. The individual nominated by an agency to become a customer council member shall be the individual the agency determines is most appropriate to provide guidance. Each agency may nominate one representative for the customer council. The department shall select customer council members from the representatives nominated by the agencies in that group.
	(2)	Review. The department shall review representation on the customer council prior to August 1 of each year for the terms ending August 31 of that year and select customer council members as in subparagraph (1) to fill vacancies caused by expired terms. The department will periodically review the definition of large, medium-sized and small agencies based on the number of permanent employees of the agencies in Iowa state government and make adjustments accordingly.
	(3)	Vacancies. If a vacancy occurs, the department shall fill the vacancy.
	b. 	Legislative and judicial branch representation. If the service to be provided may also be provided to the judicial branch and legislative branch, then the chief justice of the supreme court may appoint one member to the customer council and the legislative council may appoint two members to the customer council, one representing the house of representatives and one representing the senate.
	c. 	Ex-officio member(s). Ex-officio members shall not vote on the proceedings of the customer council, but shall provide input to the council based on their area of expertise. Each ex-officio member shall be approved by a majority of the voting members of the customer council. An ex-officio member may be recommended to the customer council by:
	(1)	A group representing agencies using a service overseen by the customer council, and
	(2)	Any other group approved by the customer council.
	12.5(2) Membership changes. As utility services and customer groups change, the department may add members to provide for equitable representation.
	12.5(3) Term of membership. Each member will serve a two-year term.
	a. 	Initial appointments shall be for staggered terms of one or two years as set by the department.
	b. 	Initial membership terms shall begin by August 1, 2008.
541—12.6(82GA,SF2400) Organization of customer council. The operations of the customer council shall be governed by a set of bylaws as adopted by the customer council. Bylaws shall address the following issues.
	12.6(1) Member participation. Each member is expected to attend and actively participate in meetings. Participation will include requesting input and support from the group each member represents.
	a. 	Substitutes for members and alternates absent from meetings will not be allowed; however, members may attend by telephone or other electronic means approved by the customer council.
	b. 	Upon the approval of the customer council, an alternate member may be selected by an agency or group that provides a representative to the customer council to participate in customer council meetings and vote in place of the representative when the representative is unable to participate.
	12.6(2) Voting. A quorum is required for a customer council vote.
	a. 	Eligible members may vote on all issues brought before the group for a vote. Members may be present to vote during a meeting in person, by telephone or other electronic means approved by the customer council.
	b. 	Each member, other than the chairperson, vice chairperson and ex-officio members, has one vote. Designated alternates may only vote in the absence of the representative from their organization. A simple majority of the members voting shall determine the outcome of the issue being voted upon.
	c. 	Customer council bylaws may be amended by a simple majority vote of all members.
	12.6(3) Officers. The officers of the customer council shall be the chairperson and vice chairperson. The director of the department of management will serve as chairperson and the director of the department of administrative services will serve as vice chairperson. The chairperson and vice chairperson shall not be voting members.
	12.6(4) Duties of officers.
	a. 	The chairperson shall preside at all meetings of the customer council.
	b. 	The vice chairperson shall assist the chairperson in the discharge of the chairperson’s duties as requested and, in the absence or inability of the chairperson to act, shall perform the chairperson’s duties.
	12.6(5) Committees.
	a. 	The chairperson may authorize or dissolve committees as necessary to meet the needs of the customer council.
	b. 	Members of the customer council and individuals who are not members of the customer council may be appointed by the chairperson to serve on committees.
	c. 	Committees shall provide feedback to the chairperson and the customer council at the council’s request.
	d. 	Committees shall meet, discuss, study and resolve assigned issues as needed.
	12.6(6) Administration. DAS will assist the department by providing staff support to assist the chairperson with the following administrative functions:
	a. 	Keeping the official current and complete books and records of the decisions, members, actions and obligations of the customer council;
	b. 	Coordinating meeting notices and locations and keeping a record of names and addresses, including E-mail addresses, of the members of the customer council; and
	c. 	Taking notes at the meetings and producing minutes that will be distributed to all members.
	12.6(7) Open records. Customer council books and records are subject to the open records law as specified in Iowa Code chapter 22.
	12.6(8) Meetings. Customer council meetings are subject to the open meetings law as specified in Iowa Code chapter 21. The customer council is responsible for the following:
	a. 	Determining the frequency and time of council meetings.
	b. 	Soliciting agenda items from the members in advance of an upcoming meeting.
	c. 	Sending electronic notice of meetings, including date, time and location of the meeting, at least one week prior to the meeting date.
	d. 	Providing an agenda, including those items requiring action, at least two days prior to the meeting. The agenda should also include any information necessary for discussion at the upcoming meeting.
	e. 	Conducting meetings using the most recent version of Robert’s Rules of Order, Revised.
541—12.7(82GA,SF2400) Powers and duties of customer council.
	12.7(1) Approval of business plans. The customer council shall, on an annual basis, review and recommend action on business plans submitted by DAS for performance of the services the customer council oversees. Business plans shall include levels of service, service options, investment plans, and other information.
	12.7(2) Complaint resolution. The customer council shall approve the internal procedure for resolution of complaints concerning the utility services provided by DAS. The procedure shall include, at a minimum, the following provisions:
	a. 	A definition of “complaint,” which shall convey that this resolution process does not take the place of any other formal complaint, grievance or appeal process required by statute or rule.
	b. 	Receipt of complaints.
	c. 	Standards for prompt complaint resolution.
	d. 	Provisions to aggregate, analyze and communicate issues and outcomes in a manner that contributes to overall organizational improvement.
	e. 	Identification of the chairperson and vice chairperson’s decision as the final step in the process.
	12.7(3) Rate setting. A majority of all voting council members shall approve the rate methodology and the resulting rates for the services that the customer council oversees. Rates shall be established no later than September 1 of the year preceding the rate change. Established rates may be amended after September 1 upon recommendation by the department in consultation with DAS and upon affirmative vote by the customer council.
	12.7(4) Biennial review. Every two years the customer council shall review the decision made by the department that DAS be the sole provider of a service and make recommendations regarding that decision.
541—12.8(82GA,SF2400) Customer input. The department shall establish procedures to provide for the acceptance of input from affected governmental entities. Input may take various forms, such as unsolicited comments, response to structured surveys, or an annual report on service requirements.
541—12.9(82GA,SF2400) Annual service listing. DAS shall annually prepare a listing separately identifying services determined by the department and DAS to be leadership functions, marketplace services, and utilities. The listing shall be completed no later than September 1 of the fiscal year preceding the proposed effective date of the change.
These rules are intended to implement Iowa Code Supplement section 8.6 as amended by 2008 Iowa Acts, Senate File 2400, section 29.
[Filed 10/16/08, Notice 7/30/08—published 11/5/08, effective 12/10/08]