Ann M. Smisek
Email:
Tel/Direct:
515-246-0310
Tel/Main:
515-243-7611
Address:
100 Court Avenue, Suite 600
Des Moines, IA 50309
Assistant:
Rachel Ogden
515-246-4413
rachel.ogden@ahlerslaw.com
Practice Groups
Court Admissions
All Iowa Courts
Education
J.D. (With Distinction), University of Iowa, 2007
B.A., University of Iowa, 1999
Bar Admissions
Iowa, 2007
Background
Ann works with clients in the firm’s Government Law and Education Law Practice Areas, and has previously served as chair of the Collective Bargaining/Labor Law Practice Group. Ann counsels clients on various personnel matters regarding hiring, disciplining, and terminating employees, as well as how to conduct workplace investigations. She advises on compliance with applicable state and federal regulations, and reviews handbooks to provide recommendations on legal compliance and best practices. Ann also advises clients on labor issues, representing employers in collective bargaining agreement negotiations, in cases before the Public Employment Relations Board, and in grievance arbitrations.
Prior to Ahlers & Cooney, she served as an Administrative Law Judge for the Iowa Public Employment Relations Board (IPERB). She conducted prehearing conferences and presided at contested case hearings concerning labor and employment disputes. She performed legal research and issued proposed rulings on pre-hearing motions and on the merits of cases. She handled administrative appeals before the district court, Iowa Court of Appeals and Iowa Supreme Court regarding negotiability disputes. She also acted as a mediator to help settle cases and assist in the negotiation of collective bargaining agreements.
Prior to the IPERB and upon graduation from law school, she worked 3-1/2 years as a Judicial Law Clerk for former Chief Judge Rosemary Shaw Sackett at the Iowa Court of Appeals. Before law school, Ann started her career in scientific publishing where she oversaw and managed the editorial review and publication process of academic medical research articles. Ann grew up in Mitchellville, Iowa and while at the University of Iowa College of Law, served on the Iowa Law Review.
Representative Projects
- Negotiated first year contract with newly formed bargaining unit on behalf of school district.
- Performed workplace investigations and advised employer on issuing and carrying out discipline.
- Advised employers through employee termination process and negotiated resignation and release agreements.
- Represented employers in prohibited practice complaints and unit determination proceedings before the Public Employment Relations Board.
- Provide trainings to employers on sexual harassment, discipline and discharge, workplace investigations, and open meetings law.
Prior work while serving as an Administrative Law Judge at the Iowa Public Employment Relations Board
- Issued rulings on motions to dismiss and motions for summary judgment in prohibited practice and State employee grievance and discipline cases filed with the Iowa Public Employment Relations Board.
- Issued proposed decisions and orders on merits of amendment of unit cases, prohibited practice cases, and State employee grievance and discipline cases filed with the Iowa Public Employment Relations Board.
- Represented the Iowa Public Employment Relations Board in administrative appeals before the district court, Iowa Court of Appeals and Iowa Supreme Court regarding negotiability disputes.
- AFSCME Iowa Council 61 & State of Iowa v. PERB, 846 N.W.2d 873 (Iowa 2014)
- State of Iowa, Board of Regents & UNI-United Faculty v. PERB, Court of Appeals No. 13-1669 (December 24, 2014)
- Represented the Iowa Public Employment Relations Board in rulemaking proceedings before the Administrative Rules Review Committee.
Memberships
American Bar Association
Iowa State Bar Association – Administrative Law Section Council
Polk County Bar Association
Iowa Organization of Women Attorneys
Polk County Women Attorneys
Blackstone Inn of Court, Barrister
Recognitions
Best Lawyers in America©
- Litigation - Labor and Employment (2021-2023)
- Employment Law - Management (2023)
Speaking/Presentations
Ann's most recent speaking engagements include:
Ahlers & Cooney, Employment Law Client Seminar, "Remote Work Issues," April 2023
Iowa State Association of County Auditors - ISAC Spring Conference, "Open & Closed Meeting Guidelines," with Mike Galloway, March 2023
Iowa County Engineers Association - ISAC Spring Conference, "Trends in Collective Bargaining, Recruitment, and Retention," with Mike Galloway, March 2023
Iowa County Information Technology Organization - ISAC Spring Conference, "FLSA and Overtime Issues," with Mike Galloway, March 2023
Iowa Association of Municipal Utilities, Municipal Utility Law 101 Workshop, "Open Records & Open Meetings," November 2022
Iowa State Association of Counties Annual Conference - County Engineers Meeting, "Status of County Collective Bargaining and Wage Scales," with Michael Galloway, August 2022
Iowa State Association of Counties Annual Conference - County Conservation Directors Meeting, "FLSA and Hiring in the 21st Century," with Michael Galloway, August 2022
Iowa Municipal Professional Academy, "Essentials of Human Resources," with Elizabeth Heffernan, July 2022
Ahlers & Cooney, Employment Law Client Seminar, "OSHA Investigation Process," April 2022
Iowa Association of Municipal Utilities, Municipal Utility Law 101 Workshop, "Open Meetings & Open Records," with Aaron Hilligas, October 2021
Iowa State Association of Counties, Annual Conference, "Employment Law Issues: What Managers Need to Know," with Alissa Wignall, Story County, August 2021
Iowa League of Cities, Annual Conference, "Political & Racial Speech - Impact on the Workplace," with Aaron Hilligas, September 2021
Iowa Employment Conference, "Work from Home is Not Going Away: Telework Issues in the Age of the Coronavirus," with Alec LeSher, April 2021
Ahlers & Cooney, P.C., Employment Law Webinar Series, January - February 2021
- "Working From Home: Telework Issues and the New Normal," with Alec LeSher
- "Stump the Ahlers’ Attorneys – Panel Q&A Series Finale," with Drew Bracken, Rebecca Reif, Lindsay Vaught and Carrie Weber
IAPELRA, 2020 Fall Conference, “Teleworking in the Public Sector: The Pros, Cons & Legal Issues,” September 2020
Ahlers & Cooney, P.C., Title IX Virtual Training Workshop for Clients, June 2020
- "Title IX Coordinator," with Miriam Van Heukelem
- "Title IX Decision-Maker Training for Higher Education," with Rebecca Reif
Iowa State Association of Counties, Webinar, “Families First Coronavirus Response Act (FFCRA) and Unemployment Insurance: HR and Payroll Questions,” with Aaron Hilligas, April 2020
Iowa Association of School Boards, Recorded Video, "Collective Bargaining Tips and Best Practices," February 2020
Iowa League of Cities, Annual Conference, “Social Media, the Workplace, and Employee Speech,” with Aaron Hilligas, September 2019
Iowa State Assessor Association, ISAC Spring Conference, “Employment Law Update,” March 2019
Iowa State Association of Counties, Spring Conference, “Employees cannot say that…or can they? – Off Duty Employee Speech” with Aaron Hilligas, March 2019
Iowa Association of Municipal Utilities, Muni Law 101 Workshop, "Open Meetings & Open Records" and "Collective Bargaining," with Aaron Hilligas, January 2019
Iowa Association of School Business Officials, Webinar, "Collective Bargaining and Negotiations" with Aaron Hilligas, November 2018 & December 2017
Ahlers & Cooney P.C., Employment Law Client Seminar, "Sexual Harassment in the #MeToo Era" with Miriam Van Heukelem, October 2018
Kossuth County Human Resources, "Sexual Harassment in the Workplace," June 2018
Published Articles & Books
Iowa Association of School Business Officials, Counsel’s Corner, "Current Issues in Collective Bargaining: Early Retirement Programs & Supplemental Pay," 2014
Professional, Community and Civic Leadership
Iowa Legal Aid, Volunteer Intake Attorney
Iowa Public Employer Labor Relations Association – Board Member, 2020 - present
Children & Families of Iowa – Tango Committee: 2015-present; Events Committee President: 2020-2021; Foundation Board of Trustees: member 2019 - present, President-elect: 2020-2021
Greater Des Moines Leadership Institute - Class of 2019-2020
Iowa Organization of Women Attorneys – Professional Action Chair, 2008-2010; President, 2010-2012; Newsletter Chair, 2013
Polk County Women Attorneys – Board Member, 2008-2010
Junior High Mock Trial, Volunteer Judge
Chrysalis Foundation, Grant Review Team 2014