# AFSCME



Exclusive: Labor relations board shifts staff, cases to other agency. Is it legal?

Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

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Iowa governor offers state employees two-year pay freeze

At televised news conferences, Governor Kim Reynolds often expresses appreciation for Iowans “doing the right thing” and helping our state get through the COVID-19 pandemic.

Her gratitude apparently doesn’t extend to some 19,000 state employees, many of whom worked longer hours than ever this year, under extraordinary stress. The governor’s offer to nurses, university staff, corrections officers, and others represented by AFSCME Council 61: no raise for the two years beginning on July 1, 2021.

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Iowa Republicans fail to uphold promises of Older Americans Act

Mike McCarthy is president of the Iowa Alliance for Retired Americans. -promoted by Laura Belin

President Lyndon Johnson signed the Older Americans Act into law on July 14, 1965. It responded to the need for community services, evidence-based health promotion, disease prevention programs, civic engagement, and elder justice for senior citizens. America’s seniors require a similar response to the COVID-19 pandemic.

The Iowa Alliance for Retired Americans believes that seniors must have relevant and accurate information about preventing and treating the coronavirus. Seniors and retirees are becoming more desperate looking for security and a cure. We should be able to trust President Donald Trump’s pronouncements. However, he repeatedly shows us that we cannot believe his statements.

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Stacey Walker reluctantly rules out IA-Sen race

Linn County Supervisor Stacey Walker has ruled out running for U.S. Senate in 2020, he announced in a post published on his website on August 8. He made the “quite difficult decision” mainly because the Democratic primary “was already heavily skewed in favor of one candidate.”

I’ve read a lot of statements by politicians bowing out of a campaign. Few have spoken as frankly about their reasons as Walker.

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Divided Iowa Supreme Court upholds collective bargaining law

“Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches,” four Iowa Supreme Court justices said today in two rulings that upheld the 2017 collective bargaining law.

The state’s two largest public employee labor unions, AFSCME Council 61 and the Iowa State Education Association, had challenged the law, which eliminated almost all bargaining rights for most public employees but preserved more rights for units containing at least 30 percent “public safety” employees. The ISEA also challenged a provision that banned payroll deduction for union dues.

Justice Thomas Waterman wrote for the majority in both cases, joined by the court’s three other most conservative judges: Edward Mansfield, Susan Christensen, and Christopher McDonald. His ruling upheld two Polk County District Court rulings in 2017.

Chief Justice Mark Cady and Justice Brent Appel dissented from the AFSCME decision, joined by Justice David Wiggins. Appel wrote a partial concurrence and partial dissent in the ISEA case, joined by Cady and Wiggins. They would have allowed the state to end payroll deductions for union dues but struck down the part of the law that gave more bargaining rights to some workers than others. They highlighted the statute’s “illogical” classification system, under which many who receive the expanded privileges are not themselves “public safety employees,” while others “with obvious public safety responsibilities” are excluded.

Had the late Justice Daryl Hecht been able to consider this case, these decisions would likely have gone 4-3 the other way. However, Hecht stepped down while battling melanoma in December, shortly before the court heard oral arguments. Governor Kim Reynolds appointed McDonald to fill the vacancy in February. Normally new justices do not participate in rulings when they were not present for oral arguments, but the court would have been deadlocked on these cases otherwise. So file this disappointing outcome for some 180,000 public employees under E for “elections have consequences.”

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Iowa legislative recap: Senate confirmations

Continuing a series on news from the Iowa legislature’s 2018 session that attracted little attention before lawmakers adjourned for the year.

The Iowa Senate confirmed almost everyone Governor Kim Reynolds nominated for a state board or commission this year with unanimous or near-unanimous support. However, opposition from Democratic senators blocked three of the governor’s more than 200 appointees (full list here).

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Boulton's conduct was unacceptable. His response is not credible

Three women have described in detail incidents of non-consensual touching by State Senator Nate Boulton, Brianne Pfannenstiel reported today for the Des Moines Register. Boulton did not deny the women’s accounts but said they did not match his recollection. He also asserted his alleged behavior “in social settings” was not comparable to harassment or assault in the workplace.

Boulton’s alleged conduct was unacceptable. His distinction is not credible. His political career is no longer tenable.

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Vote on Greenfield candidacy sets bad precedent for Iowa Democrats

Members of the Iowa Democratic Party’s Third District Central Committee voted yesterday to use an obscure provision of state law to nominate Theresa Greenfield for the primary ballot. After about 30 minutes of debate, the committee narrowly supported a motion to add another candidate to the Congressional primary ballot (36 to 31, with two abstaining). A second motion, for Greenfield to be that additional candidate, passed 47 to 10, with six abstentions.

Before Greenfield’s name is added to the candidate list, an election panel consisting of Attorney General Tom Miller, Secretary of State Paul Pate, and State Auditor Mary Mosiman will likely consider an objection. Depending on the outcome, the panel’s decision may be challenged in court.

Central committee members were in an unenviable position; no matter how they voted, some activists would be upset. Unfortunately, the chosen path suggests that Iowa Democrats will abandon normal procedures if necessary to help a sympathetic candidate.

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Courts reject legal challenges to Iowa collective bargaining law

Two Polk County District Court judges have dismissed lawsuits challenging the constitutionality of Iowa’s new collective bargaining law. Although the plaintiffs are likely to appeal the rulings, the bar will be high to convince four Iowa Supreme Court justices the state had no rational basis to enact changes affecting some public employees more adversely than others.

I enclose below the court rulings and key points, along with reaction from leaders of AFSCME Council 61 and the Iowa State Education Association, which filed the lawsuits earlier this year.

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GOP law fails to break Iowa's largest public-sector unions

One of the most transparent union-busting provisions of Iowa’s new collective bargaining law has failed to significantly reduce the number of workers covered by the state’s two largest public-sector unions: the Iowa State Education Association and AFSCME Council 61.

Unofficial results posted today by the Iowa Public Employment Relations Board show large majorities of public employees voted to continue to be represented by their unions.

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IA-Gov: Prichard's exit points to challenges for others in field

State Representative Todd Prichard suspended his campaign for governor yesterday, saying “my responsibilities to my family, the Army, my constituents, as well as my small business must take priority over the many hours a day it takes to raise the sums of money required to run successfully.”

Fundraising difficulties were also a key reason Rich Leopold, the first declared Democratic candidate for governor, ended his campaign in June. The same challenge may lead one or more of the remaining seven Democrats in the field to leave the race before the filing deadline next March.

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IA-Gov: Andy McGuire has her work cut out for her

I’ve never seen a bigger disconnect between Iowa Democratic Party donors and activists than in their attitude toward Dr. Andy McGuire as a candidate for governor.

I’ve never seen a bigger disconnect between Iowa pundits and activists than in their assessment of McGuire’s chances to become the Democratic nominee.

Since McGuire rolled out her campaign three weeks ago, I’ve been thinking about how she might persuade enough rank-and-file Democrats to support her in a crowded gubernatorial field. I’m stumped.

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Read the teachers union lawsuit against Iowa's collective bargaining law

The largest labor union representing Iowa teachers and its Davenport affiliate filed a lawsuit yesterday challenging the constitutionality of House File 291, which eliminated almost all collective bargaining rights for teachers.

I enclose below the full text of the initial Polk County District Court filing. Scroll down to read comments Iowa State Education Association President Tammy Wawro delivered at a press conference, which you can watch here.

Like the lawsuit Iowa’s AFSCME chapter filed in February, the new lawsuit targets the unequal treatment of two classes of workers under the revised Chapter 20, which governed collective bargaining here for more than four decades. “Public safety” workers will be able to keep bargaining over a larger range of subjects, while other public employees can negotiate only about a handful of subjects, primarily base pay. ISEA maintains that this division violates Article I, Section 6 of the state constitution, which stipulates, “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.”

In addition, the ISEA is challenging the law’s two biggest union-busting provisions: a ban on automatic payroll deduction for union membership and political contributions, and procedures that will make it harder for public unions to stay certified. ISEA holds that the payroll deduction ban also violates the uniformity clause of Article I, Section 6, because such deductions will be allowed for other professional associations or organizations. In addition, the lawsuit charges that by creating “an undemocratic election system” for unions representing public workers, which “counts votes based on population instead of number of votes cast,” the law violates the substantive due process guarantee of Article I, Section 9.

Attorney General Tom Miller is not defending the collective bargaining law, to “avoid any questions about a potential conflict.” The state retained the Belin McCormick law firm to handle legal challenges. At the end of this post, I enclose the motion filed to dismiss ASFCME’s lawsuit; the defense against ISEA’s suit will make the same arguments.

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Todd Prichard officially exploring run for governor (updated)

Saying Iowa needs “new vision,” “fresh leadership,” and “better than what we have seen during this legislative session,” State Representative Todd Prichard announced today that he is “considering” a gubernatorial campaign. The rollout leaves little doubt that Prichard will eventually join the Democratic field. His campaign website now features a Todd Prichard for Governor campaign logo. His “leadership team” includes heavyweights like Marcia Nichols, former political director of AFSCME Council 61; Brad Anderson, who ran Barack Obama’s re-election campaign in Iowa; former Iowa Democratic Party state chair Sue Dvorsky; and State Senator Bob Dvorsky.

I enclose below Prichard’s news release and background on the candidate from his website. Last month Prichard discussed his life experiences and values at a Democratic gathering in Des Moines; you can read or listen to that speech here. Prichard talked more about his work and thoughts about a 2018 Democratic campaign message with Iowa Starting Line. Prichard has a political page on Facebook and is on Twitter @RepPrichard.

Two other Democrats launched gubernatorial campaigns earlier this year: Rich Leopold and Jon Neiderbach. (Neiderbach spoke to the Northwest Des Moines Democrats group on March 21, and Bleeding Heartland will soon post excerpts from his stump speech.) Former Iowa Democratic Party chair Andy McGuire is widely expected to announce a gubernatorial campaign in the coming months.

UPDATE: Prichard spoke at the Our Future–Iowa Starting Line event in Des Moines on March 23. Here’s the full audio, for those who want to listen.



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Iowa attorney general: Outside counsel should defend collective bargaining law

To “avoid any questions about a potential conflict,” Iowa Attorney General Tom Miller will request that outside legal counsel defend the state against a public employee union’s legal challenge to Iowa’s new collective bargaining law. AFSCME, the largest labor union representing state workers, and four of its members filed suit on February 20, charging that House File 291 violates Iowa constitutional provisions on equal protection and non-interference in contracts. In a statement I enclose in full below, Miller said he will ask the Iowa Executive Council to approve other counsel for this case, because “the new collective bargaining law has the potential to existentially threaten the viability of public sector unions,” which have supported him in past campaigns.

The council is likely to approve Miller’s request. Its five members are Governor Terry Branstad, Secretary of State Paul Pate, State Treasurer Mike Fitzgerald, Secretary of Agriculture Bill Northey, and State Auditor Mary Mosiman. Branstad’s spokesperson Ben Hammes told Barbara Rodriguez of the Associated Press, “[Miller] summed it up when he said that AFSCME had supported him in the past and he wants to avoid any questions about a potential conflict.”

The Attorney General’s Office defended the Branstad administration against a lawsuit challenging the closure of the Iowa Juvenile Home, for which AFSCME Iowa Council 61 President Danny Homan was a plaintiff. But outside counsel defended the state when Democratic lawmakers and Homan challenged the governor’s use of line-item vetoes to close Iowa Workforce Development offices.

Miller may need to ask outside counsel to be appointed if other labor unions and public employees file additional lawsuits challenging the collective bargaining law. Aside from the points raised by AFSCME, several other provisions may raise constitutional questions:

• The law bans automatic payroll deductions for labor union dues, while allowing such deductions to continue for professional association memberships or recurring charitable contributions.

• The law may violate free association rights by requiring unions to win a majority of all eligible voters, not just those who cast ballots, in order to stay certified.

• The law eliminates a quid pro quo contained in the first paragraph of Chapter 20, which could be seen as a due process violation.

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Read the first lawsuit challenging Iowa's horrible new collective bargaining law

AFSCME Iowa Council 61 and four of its members filed suit today in Polk County District Court, saying the collective bargaining law Governor Terry Branstad signed on Friday is unconstitutional. I enclose below the petition filed on behalf of Iowa’s largest union representing state employees, as well as the plaintiffs’ request for expedited hearing. The filing repeatedly refers to “the amendments” because House File 291 amended Chapter 20 of the Iowa Code, which has regulated collective bargaining since 1974.

The new law’s disparate treatment of “public safety workers” and other public employees is the central issue raised in AFSCME’s lawsuit. Plaintiffs argue that Article I, section 6 of the Iowa Constitution requires that “all laws of a general nature shall have a uniform operation” and that the legislature “shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.” All four individual plaintiffs fail to qualify as “public safety workers,” and therefore have lost almost all meaningful collective bargaining rights, even though some of their occupations are as dangerous or more so, compared to some of the “public safety” jobs. Johnathon Good is a corrections officer, Ryan De Vries is a police officer III, Terra Kinney is a motor vehicle enforcement officer, and Susan Baker is a drafter for the University of Northern Iowa. Excerpt from page 7 of the petition:

The arbitrary definition of “Public Safety Employee,” the arbitrary classification of public employees as “Public Safety Employees” or other public employees and the arbitrary classification of bargaining units into those whose members are at least thirty percent “Public Safety Employees” and those whose members are not which are included in the Amendments deprive Officer Good, Officer De Vries, and Ms. Baker of the constitutional guaranty of equality of all before the law that is set forth in Art. I, § 6 of the Iowa Constitution.

The petition also argues that “transition procedures” altering and terminating bargaining procedures and schedules established in the union contracts violate Article I, section 21 of the Iowa Constitution, which prohibits passing a “law impairing the obligation of contracts.”

Before the text of House File 291 became public, Republican lawmakers were rumored to be at odds over whether to exempt “public safety workers” from most of the new restrictions on collective bargaining. Supposedly Iowa House Republicans opposed that division, while key GOP senators wanted to copy the political strategy used in Wisconsin six years ago. The collective bargaining bill Iowa House Republicans approved in 2011 did not treat law enforcement officers or firefighters differently from other public employees.

Sources in Iowa’s labor community expect other lawsuits challenging the collective bargaining law to be filed later this year. The two main union-busting provisions are seen as particularly ripe for challenge: onerous election requirements for unions to stay certified, and a ban on automatic payroll deductions for union members, even though employees will still be able to automatically deduct membership fees in other professional associations and recurring charitable donations. Neither provision was part of the 2011 Iowa House collective bargaining bill.

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Everything you want to know about Iowa's horrible new collective bargaining law

Republicans in the Iowa House and Senate voted today to dramatically reduce collective bargaining rights for some 180,000 public employees, following approximately 27 hours of debate in the Iowa Senate and fourteen and a half hours of debate in the Iowa House. GOP leaders moved House File 291 and Senate File 213 simultaneously through both chambers in order to speed up the process.

Democrats had offered dozens of amendments to the bills, which were published for the first time on February 7. Instead of allowing full discussion of every amendment, GOP leaders moved to cut off debate at a “time certain” today. That maneuver had never been used in the Iowa Senate and has been invoked only rarely in the Iowa House–including to end debate on the collective bargaining bill Republicans passed in March 2011. Debate ended in the Iowa House at noon, after which the majority quickly voted down all the remaining amendments with no discussion. Six Republicans joined all 41 Democrats to vote against the bill on final passage. Two of them, Tom Moore and Dave Heaton, are former teachers. Clel Baudler is a retired state trooper. Andy McKean and Shannon Lundgren were just elected from eastern Iowa swing districts, where registered Democrats outnumber Republicans. McKean is also very familiar with Chapter 20 as a former county supervisor and longtime state lawmaker. I don’t know why Mary Ann Hanusa opposed the bill. UPDATE: Hanusa did not respond to my request for comment, but I learned from another source that she is also a former teacher who works in education administration.

Senators debated all night long Wednesday into Thursday morning, with Republicans voting down every Democratic amendment. Independent State Senator David Johnson voted with Democrats on all the amendments and joined them in giving several passionate speeches. Few Republicans in either chamber chose to speak in favor of the bills, aside from Senate Labor Committee Chair Jason Schultz, House Labor Committee Chair Dave Deyoe, and State Representative Steven Holt, who floor-managed the bill and distinguished himself as the legislature’s least convincing liar. The Des Moines Register’s William Petroski summarized some of the important Democratic amendments. I didn’t stay up to watch the whole debate, so would welcome examples of some of the most absurd Republican comments, like State Senator Mark Chelgren accusing Democrats of “stalling” while his party had shown an “incredible amount of patience.” Nothing says “patient” like making sweeping changes to a 43-year-old law, affecting 180,000 Iowans, after only nine days in the legislature.

Senate leaders ended debate at 2 pm Thursday, after which Republicans voted down the remaining Democratic amendments, then substituted the text of the House bill for the Senate bill, to get the legislation to Governor Terry Branstad more quickly. Branstad’s chief of staff, Michael Bousselot, spent the final hours of debate in the Senate chamber. House File 291 eventually passed on a 29-21 Senate vote.

Iowa’s largest public-sector union, AFSCME Iowa Council 61, plans to file a lawsuit claiming the new law is unconstitutional, presumably because of the way it grants more bargaining rights to “public safety” workers than to others, many of whom do dangerous jobs. Video from a February 16 press conference by labor leaders is available here.

I enclose below statements about the bill by legislative leaders from both parties, as well as documents prepared by Iowa House Democratic and Republican staff, which discuss in more detail how House File 291 will affect collective bargaining rights for different types of public employees. Regarding substantive impacts, I also recommend the recent guest posts here by state employee Ruth Thompson, University of Northern Iowa Professor Chris Martin, and attorney James Larew, who predicted that today’s action “will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.”

GOP spin notwithstanding, collective bargaining “reform” in Iowa was designed primarily with political goals in mind, like similar measures in other states. Republicans know that crippling public sector unions will make it harder for Democrats to win elections.

Although Republicans repeatedly claimed during the House and Senate debates that their bill would help local governments, Chapter 20 has worked so well that more than 140 school districts rushed to sign new contracts with the teachers union before the legislature acted. Boards of supervisors in several large counties passed resolutions condemning the proposal. Linn County Supervisor Brent Oleson’s case against the bill is convincing.

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The real reason Iowa Republicans want to break public unions

On Tuesday the Iowa House and Senate took up companion bills seeking to destroy every significant aspect of collective bargaining for more than 100,000 public employees. Although police officers and firefighters would be exempt from some provisions of House File 291 and Senate File 213, they too would lose important workplace protections.

As Linn County Supervisor Brent Oleson explained in his written comments to Iowa lawmakers, the collective bargaining system that has been in place since 1974 works well. Local governments don’t need the legislature to be “big brother to us by dictating our collective bargaining rules.” Oleson characterized the Republican bill as a “solution in search of a problem,” driven by “pure and raw partisan politics”: “This bill takes a sledgehammer to the pesky fly that has been labor leaders you dislike. And that’s what this really is…payback! Political payback.”

Here’s what Republicans stand to gain by smashing that fly.

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County Leaders Against Partisan Attack On Collective Bargaining

Linn County Board of Supervisors Chair Brent Oleson submitted this written statement in lieu of a speaking slot at this evening’s Iowa Legislature Public Hearing on Collective Bargaining Changes. -promoted by desmoinesdem

I graduated Burlington High School in 1989. I said then and I say now, that Mr. David Wendt was the best teacher I ever had. He had a huge impact on my life. He just retired last year from Keokuk High School with more than 35 years of service, with a pension he earned and the satisfaction of having educated and positively impacted the lives of tens of thousands young Iowans. The most important concept he taught me was to truly critically think….to critically think, an invaluable skill.

Mr. Wendt was my speech and debate coach. I blame him for driving the two hours here to speak for 3 minutes. Mr. Wendt always said, if you don’t stand up and say something well-informed, intelligent and persuasive, then the status quo, good or bad…or very bad, will win the day.

I’m not here as some political stooge for the unions and I’m not here as some stooge for the now in-vogue anti-union groups. As an elected official in Iowa’s second largest county and city, I have been on the management side of negotiating contracts for the taxpayers. I wasn’t able to secure an endorsement from AFSCME this last election, presumably because I took my high school teacher seriously when he encouraged us to truly develop our abilities to critically think. As a negotiator for management of Linn County, I operate in the realm of negotiating in good faith for a win-win outcome for the taxpayers and those providing the services that the taxpayers demand and prioritize. In my 8 years we have never once went to arbitration. Not once. We have never once given away the store either. Quite the contrary.

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Politically motivated Iowa fraud case points to Polk County prosecutor's failure

A former administrative law judge who testified about political interference at Iowa Workforce Development is facing a felony fraud charge after staff in the Polk County Attorney’s office failed to do their homework.

Ryan Foley reported Thursday for the Associated Press that former Administrative Law Judge Susan Ackerman is charged with making fraudulent submissions, having “falsely certified that her married daughter was single so that she could receive state health insurance in 2013 and 2014.” When the Iowa Supreme Court Attorney Disciplinary Board reviewed an Iowa Workforce Development complaint citing the same conduct a year and a half ago, the board determined “that Ackerman didn’t commit an ethical violation and declined to take action against her law license,” Foley noted.

So why is she facing criminal prosecution now? Because no one in the Polk County Attorney’s office researched this case before filing charges.

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Iowa public employees will lose ability to bargain over health insurance

What a way to begin the holiday season: Governor Terry Branstad’s administration is negotiating new employment contracts on the assumption that health insurance benefits will no longer be subject to collective bargaining.

Judging by past experience in Iowa and other states, the 59 incoming House Republicans and 29 Senate Republicans will rubber-stamp the new policy, gutting a collective bargaining law that has served this state well since 1974.

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Iowa Supreme Court: Branstad had power to veto mental health funding

Another one for the “elections have consequences” file: The Iowa Supreme Court unanimously ruled on November 10 that Governor Terry Branstad “did not exceed the scope of his constitutional authority” when he vetoed funds state lawmakers had approved to keep open mental health facilities in Mount Pleasant and Clarinda.

A large group of Democratic legislators, joined by the president of the public employee union AFSCME, filed suit soon after Branstad vetoed the funding in July 2015. Their lawsuit contended that Iowa Code contains language requiring the state to operate Mental Health Institutes in Mt. Pleasant and Clarinda. But last November, a Polk County District Court held that “Existing statutes are not conditions on appropriations” and “cannot limit the Governor’s item veto authority.” Bleeding Heartland published excerpts from Judge Douglas Staskal’s decision here.

Last week’s Iowa Supreme Court opinion by Justice David Wiggins affirmed Staskal’s ruling but found that the District Court “failed to address” a matter of constitutional law raised by the plaintiffs. After additional analysis of the legislative intent behind language designating the facilities in Mount Pleasant and Clarinda as “state hospitals for persons with mental illness,” the high court reached the same conclusion as Staskal: the governor had the power to veto funds earmarked for operating facilities he had closed. I enclose below excerpts from the opinion.

Branstad’s spokesperson Ben Hammes did quite the spin job in his statement:

Today’s unanimous Supreme Court decision affirms the Governor’s action by allowing more Iowans to have access to quality mental health care and substance abuse treatment than ever before. The State’s mental health care redesign allows Iowans to access treatment in a community-based setting and through more modern means. Gov. Branstad is committed to putting patients first, improving care, increasing access and modernizing the delivery of mental health services. In fact, there are currently at any time 60-100 psychiatric inpatients beds open across the state. Iowa now maintains a robust level of access to mental health beds that are more efficiently delivered.

Nice try, Hammes. In reality, the justices did not assess either the merits of Branstad’s decision to close the in-patient facilities or the quality of mental health care and substance abuse treatment in Iowa. In reality, Iowa “consistently ranks in the bottom five of all states in every single category of mental health programs and services.” In reality, Iowa “ranks dead last in the country for state psychiatric beds per capita.” In reality, “many Iowans with serious mental illnesses are being marooned” for weeks or months in hospitals, for lack of adequate facilities or services to monitor their care.

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Weekend open thread: ISU cronyism and favoritism edition

Insider dealing at the University of Iowa has drawn intense scrutiny since President Bruce Harreld’s hiring last year. This week, several news reports cast an unflattering light on the culture President Steven Leath is fostering at Iowa State University.

The July 9 Des Moines Register carried a front-page story by Lee Rood on Leath’s recent purchase of land from one of the companies controlled by Iowa Board of Regents President Bruce Rastetter. After trying to weasel out of answering questions regarding what he called his “personal life,” Leath insisted he got no “special deal” on the land. However, the arrangement appears highly irregular, as discussed below following excerpts from Rood’s article.

Two recent stories by Vanessa Miller for the Cedar Rapids Gazette raised further questions about what kind of operation Leath is running. Click through to read about the hiring of former Republican lawmaker Jim Kurtenbach for a high-paying job that was never advertised, as well as Kurtenbach’s restructuring of ISU’s information technology services unit, which involved eliminating 23 positions and paying 19 people not to work since May 25. Excerpts from those stories are below as well.

This is an open thread: all topics welcome.

P.S.- Speaking of cozy Republican networks, Ryan Foley reported for the Associated Press on Friday that the University of Iowa “is retaining a social media startup company with Republican Party ties that benefited from earlier no-bid contracts.” Wholecrowd is run by Jim Anderson, who served as Iowa GOP executive director during part of the time the University of Iowa’s current Vice President for External Relations Peter Matthes was a staffer for the GOP state Senate caucus. Under no-bid contracts Matthes signed with former Iowa GOP state party chair Matt Strawn’s company, Wholecrowd did the same kind of “digital advocacy” work as a subcontractor. The university’s new contract, signed directly with Wholecrowd after a competitive bidding process, seems to have cut Strawn out as the middleman.

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Iowa Senate district 16: Nate Boulton's and Pam Dearden Conner's pitches to voters

UPDATE: Boulton won this race by just under 53 percent of the vote to 47 percent.

One of the most closely-watched state legislative primary results tonight will be the race to represent the open Iowa Senate district 16, covering the east side of Des Moines and Pleasant Hill in Polk County. No Republican has filed to run in this overwhelmingly Democratic district. The two contenders seeking to replace retiring Senator Dick Dearden are his daughter, Pam Dearden Conner, and Nate Boulton. Bleeding Heartland posted background on both candidates here. Each has substantial support from influential local Democrats.

I love three things about this primary:

1) It is happening. Dearden announced his plans to retire six months before the filing deadline, giving all local residents plenty of time to enter the Senate race. He could have pretended to be seeking another term, then pulled his nominating papers on the last day, leaving time for only his daughter to file. Too many Iowa lawmakers, including three House Democrats this year, have engineered their retirements so that only favored insiders had a chance to consider running for office.

2) Both sides are working hard. Although some Iowa Democrats have a bizarre fear of competitive primaries, I see no downside to two candidates and a small army of volunteers knocking doors and making phone calls, trying to identify supporters and get them to vote. As of May 24, more than 1,200 voters in Senate district 16 had requested absentee ballots. Both campaigns were out in force this past weekend, enjoying perfect weather for canvassing. Boulton has raised and spent more money, as you can see from his and Conner’s latest disclosure reports, but both sides have done substantial district-wide voter outreach.

3) As far as I can tell, the candidates have stayed positive. Months ago, I was worried the Senate district 16 primary might turn nasty like the 2013 Des Moines City Council race between Chris Diebel and Skip Moore, which lit up social media and strained friendships.

May the best Democrat win. I’ve posted below some examples of campaign literature and direct mail supporting each candidate. You can find more information on the websites for Conner and Boulton.

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IA-03: More signs Chet Culver may run

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Former Governor Chet Culver “is getting closer” to joining the Democratic field in Iowa’s third district, Civic Skinny reports in the latest edition of the weekly Cityview.

He is looking at the numbers — the money numbers and the registration numbers — and lining up a staff. He is studying the issues and talking to longtime supporters. He is looking at the problems of running — and, he hopes, serving — while still being a good father to two teenagers and a supportive husband to a wife who works part-time as a lawyer in Des Moines. […]

Culver says he is getting in shape physically for a run and just got a good report from his doctor.

Last week, Culver made clear that he would enjoy returning to public service, views IA-03 as a “good fit,” and is confident he could raise the resources to run a successful campaign.

Civic Skinny speculated that beating the other likely candidates in the Democratic field (Desmund Adams, Jim Mowrer, and Mike Sherzan) “probably wouldn’t be hard [for Culver], with his name recognition and zest for campaigning.” But I would expect a battle royal in an IA-03 primary involving the former governor. Not only has Mowrer lined up support from many prominent local Democrats, he is rumored to have strong backing in labor circles. Culver’s uneasy relationship with organized labor dates to the 2006 gubernatorial primary, when some large unions including AFSCME endorsed his main rival Mike Blouin. The bad blood really set in when the governor vetoed a collective bargaining bill in 2008.

It’s also important to remember that for a Congressional race, Culver will not be able to collect very large donations from his strongest supporters. Individual contributions for federal candidates max out at $2,700 for the primary election and $2,700 for the general election (but that money can’t be used until after the June 2016 primary). During the first four months of 2006, Culver’s campaign for governor collected $25,000 gifts from three donors, $10,000 from five more donors, and $5,000 from more than a dozen others. Two more $10,000 gifts and some $5,000 checks came in during the final weeks before the 2006 primary. Culver’s 2005 campaign disclosure report included several $10,000 gifts and one for $15,000 as well.

Running a Congressional primary campaign will be less expensive than running for governor statewide, especially since about two-thirds of the registered Democrats in the district live in Polk County. Nevertheless, Culver will have a short time span to raise a lot of money in increments of no more than $2,700 from any one person.

Any comments about the IA-03 campaign are welcome in this thread.

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District Court lets stand Branstad veto of mental health institute funding

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

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Weekend open thread: Strange courtroom pronouncements edition

Kent Sorenson official photo Kent_Sorenson_-_Official_Portrait_-_84th_GA_zpsnmaxx4mw.jpg

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

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AFSCME President Danny Homan elected Iowa Democratic Party first vice chair

The Iowa Democratic Party’s State Central Committee elected Danny Homan to serve as first vice chair today. Homan is the longtime president of AFSCME Iowa Council 61, the state’s largest public-employee union. He is a frequent critic of Governor Terry Branstad and has been a plaintiff in several lawsuits against the governor. Most recently, Homan and twenty Democratic state lawmakers challenged Branstad’s actions to close two state-run mental health institutions. A Polk County District Court judge just heard motions in that case on October 8 and is expected to rule during the next 30 days. Homan was also involved in the unsuccessful lawsuit challenging the governor’s closure of the Iowa Juvenile Home, as well as a case that produced a unanimous Iowa Supreme Court ruling saying Branstad had improperly exercised his veto power. However, that 2012 ruling did not force the state to reopen any Iowa Workforce Development field offices, the closure of which had prompted the lawsuit.

Jim Mowrer was elected first vice chair in January but stepped down from that position in August, when he launched his Congressional campaign in the third district.

Joe Stutler, a central committee member from Marion (Linn County) who is active on civil rights and veterans issues, also ran for first vice chair today. Stutler is currently vice chair of the Iowa Democratic Party’s Disability Caucus.

I enclose below the Iowa Democratic Party’s press release announcing Homan’s election.

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Judge denies motion to dismiss lawsuit over Branstad closing mental health facilities

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

Iowa Supreme Court dismisses case on Iowa Juvenile Home closure

This morning the Iowa Supreme Court unanimously dismissed a lawsuit brought by Democratic state lawmakers and a public employee union leader to challenge the closure of the Iowa Juvenile Home without legislative input in the middle of the 2014 fiscal year. The seven justices reversed a Polk County District Court ruling from February 2014, which had ordered the Branstad administration to reopen the home.

The full text of Justice Edward Mansfield’s decision is available here (pdf). Follow me after the jump for key points and excerpts. The central factor in the ruling was the Iowa legislature’s failure to appropriate funds to operate the Iowa Juvenile Home for the 2015 fiscal year.

Today’s news is a classic example of elections having consequences. Had Democrats recaptured the Iowa House majority in 2012, which could easily have happened with better allocation of resources, lawmakers in both chambers would have funded the home for girls during the 2014 legislative session. That in turn would have prompted the Iowa Supreme Court to view the lawsuit over the juvenile home closure differently.

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New AFSCME contract: Branstad gets his way on salaries but not on health insurance

For the third time in a row, binding arbitration was needed to finalize a two-year contract for state workers covered by Iowa’s largest labor union. For the first time in decades, workers covered by American Federation of State, County and Municipal Employees (AFSCME) will pay a small amount toward their health insurance premiums, but not nearly as large a share as Governor Terry Branstad wanted them to contribute.

On the other hand, the arbitrator accepted the state’s final offer on salary increases for the roughly 40,000 public employees covered by AFSCME Iowa Council 61. Details are after the jump.

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Labor union endorsements in contested 2014 Iowa Democratic primaries

With less than two weeks remaining before June 3, interest groups with a preference in competitive primaries have presumably made their views known by now. On the Democratic side, labor unions are most likely to get involved in primaries, so I wanted to compile in one place the full list of candidates in competitive Democratic races who have been endorsed by one or more organized labor group. None of the Democrats seeking statewide office in Iowa this year has a primary opponent, and I’ve omitted county-level races. The list below includes candidates running for Congress in the first district and seeking various Iowa House and Senate seats.

I will update this post as needed if I learn of other labor union endorsements. Note that many other Democratic candidates already have or will have organized labor’s official support for the general election campaign. Blog for Iowa posted all of the Iowa Federation of Labor AFL-CIO’s endorsements for 2014 here. A complete list of candidates who will appear on primary ballots is on this page of the Iowa Secretary of State’s website.

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Next time, think before you endorse in a primary

Iowa’s largest labor union, AFSCME Iowa Coucil 61, endorsed State Senator Jack Hatch for governor yesterday, as did several Teamsters locals in the state. I’ve posted the press release after the jump. Labor union endorsements of the leading Democratic challenger to Governor Terry Branstad are only to be expected. The event would not be as newsworthy had AFSCME not made a big deal out of endorsing State Representative Tyler Olson in October. Olson dropped out of the governor’s race for personal reasons near the end of last year.

I never understood why AFSCME felt compelled to get involved in a primary featuring two state lawmakers with strong records on labor issues. Looking at the financial report AFSCME’s political action committee filed last month, I find the strategy even more baffling. During 2013, AFSCME Iowa Council 61 P.E.O.P.L.E. gave $100,000 to Olson’s gubernatorial campaign–by far the PAC’s largest expenditure. The Iowa Democratic Party and the Senate Majority Fund each received $10,000. Various Democratic state legislators or candidates for the Iowa House and Senate received campaign contributions ranging from $250 to $5,000. The House Truman Fund supporting Democratic candidates for the lower chamber received $1,000. AFSCME also supported a smattering of candidates for local government.

Speaking to Radio Iowa yesterday, AFSCME Council 61 President Danny Homan said, “When we endorsed Tyler I stated that it was a very difficult decision to pick Tyler over Jack. That was a close call.” If my dues donations were supporting AFSCME’s political activities, I’d be very upset that $100,000 went to support a “close call” for one candidate over an equally pro-labor primary rival. It would have been smarter for AFSCME to give more to pro-labor lawmakers and candidates for the Iowa House and Senate during 2013, and save any six-figure gifts for the Democratic nominee after the gubernatorial primary.

UPDATE: Corrected to clarify that separate donations (not union dues) are used for AFSCME’s PAC. My original point stands: I would stop giving to any PAC that made this kind of strategic choice. To my mind, it doesn’t matter whether they endorsed Olson or Hatch; they should not waste $100,000 meddling in a Democratic primary where both candidates support their issues, especially when control of the Iowa legislature is at stake in the midterms. Remember, this PAC made only $150,985.05 in expenditures during the reporting period. Two-thirds of the money went toward a race that Danny Homan admitted was a “close call.” Not a wise use of resources.

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Judge orders Branstad administration to reopen Iowa Juvenile Home

Polk County District Court Judge Scott Rosenberg ruled yesterday in favor of plaintiffs who are challenging the closure of the Iowa Juvenile Home by the Iowa Department of Human Services. Finding that the four state legislators and the president of a public employees union were “likely to succeed on the merits” when the court considers their lawsuit, Judge Rosenberg granted the plaintiffs’ request for a preliminary injunction. He ordered Governor Terry Branstad’s administration to “reopen the Toledo home and abide by the duly passed laws of the state of Iowa which established the Toledo Home […].”

After the jump I’ve posted an excerpt from the ruling, which you can read in full on the Des Moines Register’s website. I’ve also posted reaction from several of the plaintiffs and from Branstad.

This isn’t the first time a state court has found that the governor overreached in disregarding legislative intent on the allocation of state funds. Maybe Branstad should get better legal advice before deciding to ignore language from budget bills he signed into law.  

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Democratic legislators, AFSCME leader sue Branstad over closing juvenile home

Four Democratic state legislators and the leader of Iowa’s largest public employee union filed a lawsuit yesterday seeking to block Governor Terry Branstad’s administration from closing the Iowa Juvenile Home in Toledo (Tama County) this month. Joining AFSCME Iowa Council 61 President Danny Homan are gubernatorial candidate Senator Jack Hatch, Senator Steve Sodders (whose district includes Toledo), Iowa House Minority Leader Mark Smith, and former Iowa House Speaker Pat Murphy. The lawsuit alleges that it is unconstitutional for Branstad to close the home after signing into law budget appropriations for operating the home in fiscal years 2014 and 2015. An official statement from the plaintiffs is after the jump, along with a brief summary provided by Sodders.

When Iowa Department of Human Services Director Chuck Palmer announced in December that the Iowa Juvenile Home would be closed after all the resident girls were relocated, he said the “difficult decision” was in the best interests of the girls who had lived there. Yesterday Governor Branstad also cited the interests of “those kids who’ve been mistreated and abused and not gotten their education.”

Over the past year, the Des Moines Register’s Clark Kauffman has documented outrageous practices at the Iowa Juvenile Home, including long placements in isolated cells. In October, a task force appointed by Branstad recommended reforms for the facility. The lawsuit alleges that at the governor’s direction, DHS Director Palmer disregarded the task force’s recommendations and will unlawfully use funds appropriated for the Juvenile Home for other purposes.

In 2012, the Iowa Supreme Court found that Branstad had improperly used his line-item veto power to change how state funds were allocated. This case is somewhat different but poses similar constitutional questions.

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IA-Gov: AFSCME backs Olson, Hatch releases income tax plan (updated)

Yesterday was a big news day for two Democratic candidates seeking to unseat Governor Terry Branstad. Iowa’s largest labor union endorsed State Representative Tyler Olson, while State Senator Jack Hatch released a major tax reform proposal. Details are after the jump.

UPDATE: Added excerpts from Danny Homan’s November 2 guest editorial for the Des Moines Register below.  

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AFSCME backing Skip Moore for Des Moines City Council (updated)

Des Moines City Council member Skip Moore announced yesterday that AFSCME Iowa Council 61 has endorsed his re-election. The American Federation of State, County and Municipal Employees is Iowa’s largest labor union. It’s the third major labor endorsement for Moore, whom Chris Diebel is challenging in the race for the at-large seat. UPDATE: Make that four union endorsements: on August 7 the Communications Workers of America, Local 7102 endorsed Moore as well. APRIL 8 UPDATE: Add the Des Moines Association of Firefighters Local #4 to the list of unions backing Moore’s re-election.

I am inclined to agree with Bleeding Heartland user zeitgeist that if Diebel was going to face significant opposition from organized labor either way, he might have been better off running in the open Iowa Senate district 17, covering part of downtown Des Moines and the south side (as opposed to the entire city). One major labor group has already endorsed former State Senator Tony Bisignano in the Democratic primary for that seat, being vacated by Senator Jack Hatch as he explores a run for governor.

Speaking of which, Hatch has hired Grant Woodard to manage his exploratory campaign. Woodard ran Representative Leonard Boswell’s last two Congressional campaigns in Iowa’s third district.

AFSCME backing Abby Finkenauer in Iowa House district 99

Abby Finkenauer announced on Facebook Monday that she was “thrilled” to be endorsed by the political arm of Iowa’s largest labor union, the American Federation of State, County and Municipal Employees. Finkenauer is one of three Democrats running in Dubuque-based Iowa House district 99, which Pat Murphy is vacating to run for Congress. She is a former page to Murphy when he was Iowa House speaker and has most recently clerked for State Representative Todd Taylor. Former State Representative Tom Jochum is backing Finkenauer’s candidacy too.

The AFSCME Iowa Council 61 PEOPLE Committee endorsed Murphy and several other Congressional candidates Monday, but I couldn’t find anything on their website about Finkenauer’s race. AFSCME staff confirmed by telephone this morning that the PEOPLE committee is backing Finkenauer but would not provide any statement on the endorsement or any comment on whether the state’s largest labor union plans to get involved in any other Democratic primaries in legislative districts. Finkenauer commented in her Facebook post, “I know that they do not normally endorse in State House primaries, so I am beyond honored to have their support and encouragement as I continue to work to be the best Democratic candidate for Iowa House District 99 […].”

I understand taking sides in a primary when one candidate is clearly best poised to win the general election or advocate for a group’s issues. But House district 99 is a safe seat for any Democrat, and rival candidates Steve Drahozal and Greg Simpson sound equally committed to progressive values. If AFSCME isn’t even willing to issue a statement explaining its preference for Finkenauer, maybe the union would do better to stay out of primaries.

UPDATE: AFSCME provided a statement via e-mail, which I have added after the jump.

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AFSCME endorses Pat Murphy in IA-01, Staci Appel in IA-03

The elections arm of Iowa’s largest labor union, the American Federation of State, County and Municipal Employees, announced five endorsements for the 2014 elections today. I’ve posted the whole statement from the AFSCME Iowa Council 61 PEOPLE Committee after the jump. The biggest news is AFSCME coming out early for former Iowa House Speaker Pat Murphy in IA-01. Two other Democrats are already campaigning for that open seat, probably to be joined soon by State Representative Anesa Kajtazovic and former State Senator Swati Dandekar.

In IA-03, AFSCME will back former State Senator Staci Appel, who voted for a number of pro-labor bills during her four years in the legislature. Gabriel De La Cerda is also running in the Democratic primary and was an Iowa political coordinator for the United Steel Workers Union during the 2012 general election campaign. No one will be surprised to see AFSCME supporting four-term incumbent Dave Loebsack in IA-02 or Jim Mowrer in IA-04, where no other Democrat is likely to take on Steve King.

AFSCME hasn’t endorsed a Democratic challenger to Governor Terry Branstad yet. The only statewide candidate named in today’s release is Brad Anderson for Iowa secretary of state. He has the backing of most of Iowa’s Democratic establishment and may not face any competition in the primary, although former Secretary of State Michael Mauro hasn’t ruled out a comeback attempt.

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Branstad gives up trying to block union pay raises

Terry Branstad was incensed last year when outgoing Governor Chet Culver quickly agreed to contract terms proposed by AFSCME and other unions representing state employees. Culver signed off on AFSCME’s request for a 2 percent across-the-board raise on July 1, 2011, followed by a 1 percent raise on January 1, 2012, another 2 percent raise on July 1, 2012, and a 1 percent raise on January 1, 2013. Other unions also asked for modest wage increases during the next two fiscal years.

On principle, Branstad felt Culver should have left the negotiating to the person who would be governor during the contract period. As a practical matter, Branstad insisted that the state of Iowa could not afford the salary hikes. He and other administration officials called on public sector unions to renegotiate the contracts, but union leaders refused to come back to the negotiating table.

This week Branstad formally asked the state legislature to give non-union state employees the same pay increases those represented by unions will receive.

While the governor continues to believe this contract spends too much money at a time when the state cannot afford it, there are not two classes of state employees, everyone is together and should be treated the same,” [Branstad’s spokesman Tim] Albrecht said.

The governor has not recommended the state pay for the upcoming salary increases. That means that state departments must find the money elsewhere in their budgets to pay for the salary increases.

House Study Bill 247 provides for the salary increases, as well as a few other things on the governor’s wish list. For instance, the bill would “lift the cap on the salary of Iowa’s economic development director, which Rep. Tyler Olson, D-Cedar Rapids, described as troubling.”

AFSCME and other state employee unions won this round, but count on a bruising battle when it’s time to negotiate contracts covering fiscal years 2014 and 2015. Branstad will resist pay increases and will demand benefit cuts, including substantial employee contributions to health insurance expenses. I wouldn’t be surprised to see the contracts for state employee unions end up in arbitration during the next go-around.

If Republicans gain an Iowa Senate majority in the 2012 elections, union-busting will be high on the agenda. A bill to limit state employees’ collective bargaining rights and curtail binding arbitration passed the Iowa House in March after a marathon floor debate. The bill died in the Iowa Senate Labor Committee.

P.S.–Branstad isn’t getting along much better with private-sector unions. Yesterday the Central Iowa Building and Construction Trades Council and the Cedar Rapids/Iowa City Building Trades Council filed a federal lawsuit seeking to force the governor and other state entities to honor project labor agreements for construction projects in Coralville and Marshalltown.

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Branstad against funding AFSCME contract, K-12 increases, passenger rail

UPDATE: Click here for more details on the draft budget the governor presented on January 27.

During his regular weekly press conference, Governor Terry Branstad announced today that state departments would have to take cuts because the state can’t afford the salary increases in the two-year contract Governor Chet Culver approved last year with AFSCME, the largest labor union representing state workers. Branstad added that he’s not worried about facing a lawsuit (like the one AFSCME successfully filed against him in 1991) because the Iowa legislature won’t fund the new AFSCME contract. AFSCME members overwhelmingly voted to approve the contract, which includes salary increases of just under 3 percent in fiscal years 2012 and 2013. Branstad wants the union to reopen negotiations.

Citing budget constraints, Branstad said today “he will not request any increase in ‘allowable growth’ in state aid for K-12 school districts base budgets in either of the next two fiscal years.” I believe the Democratic-controlled Iowa Senate will resist that plan.

UPDATE: Doesn’t sound like a way to provide “world-class education” for Iowa kids. Under Branstad’s “no allowable growth” proposal,

a school would not be legally allowed to expand their budgets unless the district sees a surge in enrollment.

Inflation for such things as employee salaries and fuel costs make a no-growth policy virtually impossible for hundreds of Iowa’s district to handle without massive cuts to programs, services and teachers, educational advocates said.

“The only way they can make it up is to cut programs or services and most of the schools have already been doing that,” said Brad Hudson, a lobbyist for the Iowa State Education Association. “Most of the schools have already looked at reductions to music, art and physical education. Now we’re to the point of looking at the elimination of programs and probably larger class sizes.”

Also during today’s press conference, Branstad said he does not favor state subsidies for passenger rail, although he isn’t against communities or railroads subsidizing that service, the Des Moines Register’s Kathie Obradovich reported. Those comments indicate that like Iowa House Republicans, Branstad wants to eliminate about $10 million in state funding needed to secure an $81 million in federal money to extend passenger rail service from the Quad Cities to Iowa City. The federal government awarded the funds last October.

UPDATE: William Petroski has more detail on Branstad’s passenger rail stance:

He noted that the $310 million state-federal project in cooperation with the state of Illinois would include money to upgrade the tracks of the Iowa Interstate Railroad, and he suggested the railroad could be asked to help contribute towards the costs.

“There are two questions: One is the state’s initial requirement and then there is an ongoing subsidy. I am most troubled by the ongoing subsidy. I don’t think we should be in the business of subsidizing passenger train service,” Branstad told reporters. […]

The governor, who will issue his state budget recommendations on Thursday, added that he still hasn’t made a final decision yet about the proposed Iowa City-to-Chicago train.

Branstad continued to advocate for biennial budgeting today. Legislators from both parties are wary of that proposal, because it would in effect increase the governor’s budget transfer powers. The national trend has been away from biennial budgeting, which tends to result in less accurate budget forecasting and greater need for supplemental appropriations than annual budgeting.

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News roundup on Iowa revenues, taxes and budgeting

Iowa’s three-member Revenue Estimating Conference again raised projections for state revenues during the current fiscal year and fiscal year 2012, following another month of growing state tax collections in November. The news hasn’t deterred Republican leaders from planning mid-year budget cuts, and legislators from both parties acknowledged the end of federal stimulus funds will make the next budget year difficult. Details and proposals are after the jump.

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Weekend open thread: Huckabee in Iowa edition

What’s on your mind this weekend, Bleeding Heartland readers?

Past and perhaps future presidential candidate Mike Huckabee is in Des Moines tonight Sunday, headlining the Iowa Family Policy Center’s annual fundraiser. Other speakers include WHO talk radio personality Steve Deace and Iowa Family Policy Center Action president Chuck Hurley.

The big event is also Bob Vander Plaats’ debut as “president and chief executive officer of an umbrella group that includes the Iowa Family Policy Center, Marriage Matters and their political action committee.” The Iowa Family Policy Center endorsed Vander Plaats for governor. Huckabee came to Iowa to campaign for Vander Plaats, who chaired his successful Iowa caucus campaign in 2008.

Vander Plaats told journalists this week that his umbrella group will mobilize social conservatives and endorse a candidate for the upcoming Iowa caucus campaign. If Huckabee stays out of the presidential race, several campaigns will work hard to win the approval of Vander Plaats, Hurley and Deace. If Huckabee runs again, other candidates may as well not waste their time.

I got a robocall from Huckabee Thursday or Friday of this week, but I don’t know whether it was a fundraising call or an attempt to identify supporters. The call ended quickly after I answered “no” to the question, “Do you consider yourself pro-life?”

I’m headed to a friend’s birthday party tonight as soon as my version of Jewish noodle kugel comes out of the oven for the potluck. Quite a few Branstad voters will be in attendance (including the birthday girl), and I’m determined not to get into any arguments.

My Twitter feed is full of Republicans freaking out about Governor Chet Culver’s deal with AFSCME. A 2 percent raise for state employees, followed by a 1 percent raise, is far from excessive. Republican complaints about Culver’s lack of “courtesy” amuse me. It wasn’t too polite of Terry Branstad to spend millions of dollars on tv ads lying about I-JOBS and how Culver managed the state’s finances.

UPDATE: To clarify, the proposed contract with AFSCME involves a 2 percent across the board salary increase starting July 1, 2011, a 1 percent across the board salary increase starting January 1, 2012, another 2 percent across the board salary increase beginning July 1, 2012, and a 1 percent across the board salary increase starting January 1, 2013.

This is an open thread.

UPDATE: Kay Henderson posted a good liveblog of Huckabee’s November 21 press conference and his speech to the Iowa Family Policy Center crowd. The same post links to an audio clip of Huckabee’s comments to reporters and covers Vander Plaats’ speech to the crowd at the fundraiser.

Paulsen threatens layoffs as Culver strikes deal with AFSCME

Governor Chet Culver accepted a tentative deal today on a new two-year contract with with largest union representing state employees. The contract would increase the pay of all state workers covered by AFSCME by 2 percent in fiscal year 2012 (from July 2011 through June 2012), with another 1 percent wage increase in fiscal year 2013. Some employees would qualify for other pay increases as well.

Iowa Republicans immediately denounced the deal.

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Year in review: Iowa politics in 2009 (part 2)

Following up on my review of news from the first half of last year, I’ve posted links to Bleeding Heartland’s coverage of Iowa politics from July through December 2009 after the jump.

Hot topics on this blog during the second half of the year included the governor’s race, the special election in Iowa House district 90, candidates announcing plans to run for the state legislature next year, the growing number of Republicans ready to challenge Representative Leonard Boswell, state budget constraints, and a scandal involving the tax credit for film-making.

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AFSCME members approve deal to avoid layoffs

Iowa Council 61 of the American Federation of State, County and Municipal Employees announced today that its members approved a deal union leaders negotiated earlier this month to avoid about 500 layoffs. The vote was 59 percent in favor and 41 percent against.

The deal requires about 20,000 state workers to take five furlough days between now and June 30, 2010, and give up some $75 a month in state contributions to a supplemental retirement plan.

I was surprised to see that only about 66 percent of approximately 9,000 AFSCME members cast a ballot in this election. (Because Iowa is a right-to-work state, many workers who are covered by AFSCME’s contract are not members of the union.) Maybe the polling places weren’t convenient for a lot of people.

UPDATE: Charlie Wishman of AFSCME wrote me to say:

66% is an extremely high number, in fact the highest for a contract vote of any kind from our records.  We’re very proud of the membership turnout.  In fact, I believe it is higher than turnout for most general elections.  The membership absolutely cared a lot about this decision, and passions were high on both sides of the issue.  Council 61 had no position on the outcome of the vote other than we wanted everyone affected to have the opportunity to vote.

It is false to assume also that we didn’t make the polling sites as accessible as possible.  You can view them here http://www.afscmeiowa.org/mou.htm at the bottom of the page.  We were sure that no one would have had to travel over 48 miles to a voting site.  No one would have to travel over one hour, and all major sites were represented.

Governor Chet Culver sought negotiations with three unions last month when he rejected the preliminary spending reduction plans offered by the directors of the Department of Corrections and the Department of Public Safety.

The Iowa United Professionals union opted not to accept concessions in order to avoid 55 layoffs among its members.

The State Police Officers Council was to vote on a deal similar to what AFSCME negotiated, but I haven’t seen any results from that vote. If members vote for that agreement, 40 state trooper and gaming enforcement positions would be preserved. In exchange, about 640 union members would take five furlough days and give up some state contributions to a retirement plan.

UPDATE: Sounds like the State Police Officers Council also approved the deal. Culver will hold a press conference today at 2 pm to discuss the votes.

SECOND UPDATE: Senate Majority Leader Mike Gronstal’s statement is after the jump.

THIRD UPDATE: Kathie Obradovich observes, “Other governors have tried and failed to get concessions from the unions.”

The Iowa Democratic Party points out that Culver succeeded where Terry Branstad failed. The full statement is after the jump.

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Ads thanking Boswell and other health care reform news

Health Care for America NOW and the American Federation of State, County and Municipal Employees are running television ads this week thanking 20 Democrats in relatively tough districts who voted for the House health care reform bill last Saturday. If you live in the Des Moines viewing area, you may have seen this commercial about Congressman Leonard Boswell:

   

Corporate-funded conservative groups have targeted Boswell in negative ads this year because of his vote for the climate-change bill in June. Ads attacking the health care reform project (many funded by insurance industry fronts or the Chamber of Commerce) have been plentiful this summer and fall too. It makes sense for reform advocates to thank Boswell, as Iowa Republicans are gearing up to challenge him with State Senator Brad Zaun or some other well-known figure.  

In other health care reform news, Tom Harkin is among the Senate Democrats trying to keep the "Stupak amendment" language on abortion out of the Senate's version of health care reform. He's absolutely right that some people pushing amendments are trying to kill the bill rather than make it better. A lot of questions have been raised about whether defeating the bill was Representative Bart Stupak's main goal. Since 1992, Stupak has been involved with the fundamentalist Christian "Family" group and has lived in their house on C Street in Washington.  

Stupak claims that as many as 40 House Democrats would reject health care reform without his amendment, but yesterday House Whip James Clyburn said the Stupak amendment only gained 10 votes for the bill. Meanwhile, more than 40 House liberals are threatening to vote down the final bill out of conference if it contains the Stupak language.  

Final note: MyDD user Bruce Webb wrote an interesting piece about what he views as "the most important and overlooked sentence" in the House health care reform bill:  

Most of the criticism of HR3962 coming from the left revolves around the belief that the House bill has no premium and so no profit controls, that it in effect delivers millions of Americans into the hands of insurance companies who can continue to raise premiums at will while denying care by managing the risk pool in favor of those unlikely to make claims. This just is not true, not if the provision in this one sentence is properly implemented. In a stroke it guts the entire current business model of the insurance companies, based as it is on predation and selective coverage, and replaces it with a model where you can only make money by extending coverage to the widest range of customers and or delivering that coverage in a more efficient way.

 Like they say, go read the whole thing.
 

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AFSCME members will vote on deal to spare jobs

Members of the American Federation of State, County and Municipal Employees will vote between November 19 and November 25 on the deal reached by Governor Chet Culver and the union’s leadership:

The agreement includes five mandatory unpaid furlough days between now and June 30, which is expected to save about $22.7 million.

The state’s contribution to employees’ deferred compensation also will be temporarily suspended until June 30, for a savings of $3.7 million.

The total savings of $26.4 million is expected to save 479 AFSCME jobs. Culver sought concessions from the union in order to avoid the layoffs of state workers, especially state troopers and correctional officers working in state prisons.

Under the terms of the agreement, no member of the union who is an executive branch employee can be laid off until June 30, the end of the current fiscal year. Employees outside the bargaining units who are laid off will not be allowed to displace AFSCME employees.

The Des Moines Register has a few more details on the vote:

WHAT: A “memorandum of understanding” would require about 20,000 state workers to take five unpaid days off over the next seven months and sacrifice about $75 a month in state contributions to their deferred compensation, which is a supplemental retirement plan.

WHO CAN VOTE: Only active state workers who are currently paying dues to AFSCME will be eligible to cast a ballot.

WHEN: Voting will begin Nov. 19 and end Nov. 25.

WHERE: AFSCME will set up about 30 polling places across the state, such as at the Iowa Veterans Home and state prisons, for 12-hour periods.

Sounds like a pretty good deal to me. If I were in the union, I would vote yes. Losing some retirement contributions and a week’s salary will cause some hardship, but many private-sector workers have also seen their wages drop during this recession. Minimizing layoffs should be the top priority.

Does anyone think the AFSCME members might vote down this agreement?

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Layoffs for some, furloughs for others as Culver announces budget cuts

This afternoon Governor Chet Culver announced the next steps toward cutting $565 million from the 2010 budget. I’ve posted the governor’s statement after the jump, and you can find pdf files with more details about the cuts here. (UPDATE: The Des Moines Register posted this chart showing the cuts Culver approved.) Highlights:

Culver is ordering all of the 3,258 non-contract (that is, non-union) employees in the executive branch “to take seven days without pay between now and the end of the fiscal year. I do not believe it is fair for any state employee to not contribute toward our solution.”

Culver approved spending cut plans submitted by 28 department heads and approved, with minor changes, spending cut plans submitted by 6 other department heads. The Des Moines Register’s Jennifer Jacobs summarized the impact:

Altogether, the 34 approved plans will save the state’s general fund about $520 million, he said.

The approved plans call for a total of 180 layoffs and the elimination of 229 open positions. The total job loss, so far, is 410.

Here’s where there the layoffs will be: 79 from the Department of Human Services, 35 from the Department of Revenue, 10.8 from the Department of Inspections and Appeals,  13 from the Department of Education, eight from Iowa Public Television, eight from the Department of Public Health, seven from the Department of Economic Development, seven from the Department of Cultural Affairs, four from the Department of Administration, four from the Department of Management, two from the Alcoholic Beverages Division, two from the Department of Veterans Affairs, and one from the Iowa Ethics & Campaign Disclosure Board.

Forty-three state employees tentatively set for layoffs in the Department of Commerce will be spared. The 10 percent across-the-board cut will not be applied to the divisions of banking, credit union, insurance and utilities divisions, which are agencies within the commerce department.

Culver rejected the $45 million spending reduction plans offered by the directors of the Department of Corrections and the Department of Public Safety, saying,

I reject these two plans because I am hopeful that we can find an alternative to laying off hundreds of correctional officers, state troopers and law enforcement personnel.

I am rejecting these plans because public safety is essential to our daily lives.

That is why yesterday I sent a letter to the state’s three bargaining units – AFSCME, Iowa United Professionals, and the State Police Officers Council – who represent more than 16,000 state employees – asking them to join me in negotiations for amending their current contract.  This past Saturday, I met with AFSCME’s bargaining unit – which represents more than 13,000 state employees – to discuss ideas for moving forward.  We followed that meeting with a three hour session yesterday morning and the talks have been very productive.  And earlier today, I met with the State Police Officers Council representatives and those talks were productive.  Finally, I will meet with the Iowa United Professionals union leadership as soon as schedules permits, but our staff has been in daily contact with their representatives.

I seek substantive discussions with all three unions on issues that may impact our state budget cuts.  Our goal is to do everything we can to prevent layoffs related to essential public safety.

If we cannot reach agreement with the unions, then I will implement the layoff plans submitted by these two departments.

Unfortunately, we do not have an endless amount of time in which to reach an agreement and to have it ratified by each respective union. I expect to know by Friday, November 6 whether we will move forward in discussions with the unions or implement the layoff plans.

The president of AFSCME Council 61 issued a statement saying his union will negotiate with the governor in the hope of avoiding layoffs. Both sides are promising not to release any details about the discussion until the talks conclude, but no doubt some proposed alternatives to layoffs will leak out before then.

The Des Moines Register’s Tom Beaumont covered Republican gubernatorial candidates’ ideas for cutting the budget here.

Share any relevant thoughts in this thread.

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Four comments and a question on the bad blood between Culver and organized labor

Not long ago I wrote about tension between Governor Chet Culver and advocates for organized labor in Iowa.

The Des Moines Register reported this week that labor layer Mark Hedberg has created a few hundred fake milk cartons with Culver’s photo under the word “MISSING”:

“Have you seen me?” the cartons read. “Description: Democratic Governor with alleged loyalty to Iowa workers and Labor. … Approach With Caution: May have developed amnesia and is known to throw fits when reminded of his promises. If found, please call 1-800-NOT-LOYAL.”

The Uncommon Blog of Iowa posted a photo of the fake milk cartons.

The Des Moines Register described the text on Hedberg’s creations:

BRAND NAME: The brand name of the milk is C Abunchof Hot Air. Under that label, it says: “Empty words added. Grade F homogenized pasteurized.”

SLOGANS: One side says “got chet?” and “High hopes by voters. Broken promises by Chet.”

NUTRITION INFORMATION: In the nutrition chart, the serving size is “1 term (4 years).” It goes on: “Amount of Support Per Serving: Hot Air 600, Empty Words 520.” There’s a breakdown of a fictitious percentage of daily values: corporate terrorist money 100%, secret health care legislation 100%, raising taxes on Iowa workers 100%, broken promises to labor 100%. It cites 0% for public employee union rights, fair share, prevailing wage, choice of doctor, employee misclassification and leadership.

“Corporate terrorist money” supposedly refers to a $5,000 campaign contribution to Culver from Agriprocessors, which allegedly has committed numerous labor and safety violations at its meat-packing plant in Postville.

The Register quoted Hedberg as saying that no union helped him pay for or assemble the fake milk cartons. His professional web site lists AFSCME and seven other unions as clients.

I’ve got four comments and one question regarding the issues Hedberg raised.

Comment 1: This wasn’t the best time to tease Culver about being missing on the job.

I find myself in rare agreement with Des Moines Register columnist John Carlson, who noted that Culver has been “anything but missing” in recent weeks. He’s been out there talking with Iowans in dozens of flooded communities.

Comment 2: Aside from collective bargaining, which refers to a bill Culver vetoed (House File 2645), most of Hedberg’s complaints apply equally to the Democratic leadership in the state legislature.

After all, it was the Iowa House and Senate which passed bills Hedberg doesn’t like (such as the cigarette tax increase) and failed to pass things he wants (such as “fair share” or “prevailing wage” legislation).

The Register quoted Hedberg as blaming Culver for the inaction: “He lost an opportunity to work out a joint party agenda and get it passed,” Hedberg said. “He didn’t take the initiative.”

My recollection is that Culver did support the “fair share” proposal. If the votes weren’t there to pass that or other measures important to organized labor, the solution is to elect more and better Democrats to the Iowa legislature.

The major labor unions in this state recognize this and are working to expand the Democratic majorities in the House and Senate.

The money Hedberg spent on his publicity stunt would have been better spent supporting the campaigns of Democratic incumbents or challengers who are good on labor issues. I’m sure he knows who they are.

Comment 3: Regarding the collective bargaining bill that Culver vetoed, I believe that labor advocates are wrong to put all of the blame for that mess on the governor.

As I’ve written before, I support the substance of the collective bargaining bill. However, the way that bill was passed would have made Culver look like a tool of organized labor if he had signed it.

The solution is for the Democratic leadership in the House and Senate to pass a collective bargaining bill the normal way next year. That is, get the proposal out in the open early in the session and allow full debate. Don’t let someone offer it as an extra-long amendment after the “funnel” deadline for introducing new legislation has passed, and then try to limit debate on the measure.

With several more Democrats in the Iowa House and Senate, we could get a good collective bargaining bill through with no problem.

Comment 4: I suspect that publicity about organized labor being mad at Culver is on balance good for the governor. Who can claim that he is beholden to “special interest” unions when a labor lawyer is giving him low ratings on their issues and the Iowa Federation of Labor’s newsletter publishes this?

“The 2008 Legislative Session will go down in Iowa labor history as the session when a Democratic governor turned his back on the unions that enthusiastically supported him and helped get him elected,” the newsletter said. “When Gov. Culver vetoed the public sector collective bargaining bill, not only public workers, but all of labor was stunned by what they felt was an out-and-out betrayal.”

If Hedberg’s goal is to drum up more business for his law firm, fake milk cartons making fun of Culver might achieve that. But if the goal is pressuring the governor to spend more political capital on supporting labor’s legislative agenda, I don’t see this working.

The milk cartons give the serving size for Culver as “1 term (4 years).” But let’s get real. Labor unions are not going to support a Democratic primary challenger to Culver in 2010, and they are not going to support his Republican opponent.

This whole controversy will probably help Culver’s reelection campaign more than it hurts.

Which leads me to my question for labor advocates who are angry with Culver:

Do you have any reason to believe that Mike Blouin, whom AFSCME and some other unions endorsed in the 2006 Democratic primary for governor, would have signed the collective bargaining bill under the same circumstances, or would have done more to adopt “fair share” or “prevailing wage” legislation?

If so, I’d like to hear why. I never did fully understand the union support for Blouin. It’s not as if Blouin’s economic development work focused on creating union jobs or promoting collective bargaining. If anything, he got more money and support from Chamber of Commerce types than Culver.

Let’s elect a stronger Democratic majority in the Iowa House and Senate. If good labor bills are adopted through normal legislative procedures in 2009, I expect Culver to sign them.

UPDATE: Someone has e-mailed me to note that AFSCME and other unions endorsed Blouin not because they thought he’d be better on labor issues, but because they thought Culver couldn’t beat Jim Nussle.

That was also my impression (although I have no contacts inside those unions).

I think that if they’d gotten their wish and Blouin had won the primary, we would have a governor no more supportive of collective bargaining or “fair share” than Culver, and perhaps even less supportive.  

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Organized labor still angry at Culver

Jason Hancock has a story up at Iowa Independent about labor unions working hard to increase the Democratic majorities in the Iowa legislature.

It’s clear that members of the labor community are still furious that Governor Chet Culver vetoed a collective-bargaining bill passed toward the end of this year’s session:

Ken Sager, president of the Iowa Federation of Labor, AFL-CIO, said the 2008 legislative session ended on a sour note, but he hopes that be used as motivation in the future.

“A lot of our members are very disappointed and angry that we were finally able to get a [collective bargaining] bill through the legislature and we couldn’t get the governor’s signature,” he said. “We were very surprised, and we’ve heard from a number of legislative leaders who were just as stunned as we were. Now, we’re trying to focus that anger in a productive way to help build the labor movement for the future.”

In the federation’s most recent newsletter, the veto was put in much starker terms.

“The 2008 Legislative Session will go down in Iowa labor history as the session when a Democratic governor turned his back on the unions that enthusiastically supported him and helped get him elected,” the newsletter said. “When Gov. Culver vetoed the public sector collective bargaining bill, not only public workers, but all of labor was stunned by what they felt was an out-and-out betrayal.”

Cityview weekly’s “Civic Skinny” column recently commented on the strained relationship:

It wasn’t on his schedule, but [Culver] showed up the other day at the dedication of the Iowa Workers Monument. Skinny wasn’t sure what that means – so she turned to the Senior Analyst for Civic Skinny, who had a ready explanation. “This was organized labor’s effort to recognize Iowa’s workers that started way back in 2004. With the collective bargaining veto, it would have added insult to injury to have skipped the event, but he didn’t put it on his public schedule or send out a press release to promote the dedication of the monument – which is located on state property,” the Senior Analyst analyzed. Then, morphing into a Senior Cynic, he added: “Maybe this was the advice he got from the same pollsters that advised him to veto the collective bargaining bill.” “Way back in 2004” is code for “during the Vilsack administration,” and several Vilsack people – including the former governor himself – are on the Monument committee, which might be another reason Culver didn’t play up the dedication.

I wish labor unions every success in helping elect more Democratic legislators who are strong on their issues.

If Culver had asked for my advice, I would have encouraged him to sign the collective-bargaining bill. I wasn’t persuaded by the arguments that corporate and Republican interest groups made against it.

That said, the Democrats in the legislature badly bungled the passage of the bill, in my opinion.

Let’s take a step back.

In 2007 the slim Democratic majority in the House was unable to hold together to pass the “fair share” bill that would have weakened Iowa’s right-to-work law. This was one of the hot-button issues from the earliest days of the session, and it was a blow to the leadership’s credibility not to get it through.

Statehouse leaders tried a different tactic with the collective-bargaining bill this year. Instead of making clear early in the session that it would be one of their priorities, they let it be added as a 14-page amendment to a different bill, after the first funnel deadline had passed.

In theory, bills need to be approved by a legislative committee before that funnel deadline in order to be voted on during the legislative session. There are exceptions (the leadership can introduce new bills after the funnel), but in general, major initiatives are not supposed to be introduced after the funnel date.

Then, Democrats tried to limit debate over the collective bargaining proposal, prompting Senate Republicans to take unusual steps to force debate on it.

As I said above, I support the substance of the bill. I understand why it would be advantageous for the leadership not to tip their hand early in the session about the collective bargaining bill. Doing so would have given opponents more time to mobilize against it and lean on the less reliable members of the Democratic caucus.

But look at this situation from Culver’s perspective. The Democrats in the legislature looked like they were afraid to debate the collective bargaining measure in broad daylight. That’s what is implied when you introduce a major policy initiative as a long amendment and limit debate before forcing it through on a party-line vote.

I have no idea whether Culver vetoed the bill over substantive disagreements or solely because of political considerations, but I understand his reluctance to get behind a controversial bill approved in this manner.

Let’s elect more good Democrats to the legislature. They should be able to pass a strong collective bargaining bill next year without giving the appearance of trying to slip it in under the radar.

Then Culver should sign it without hesitation.

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Baby's mom tells McCain in new ad: "You can't have him"

According to Hotline, AFSCME and MoveOn.org Political Action are spending $543,000 to run this ad in Ohio, Michigan, Wisconsin and on CNN and MSNBC for a week, beginning on Wednesday:

What do you think?

McCain’s campaign will claim that he’s been taken out of context, and that he doesn’t want us to be at war in Iraq for 100 years. The bottom line, though, is that most Americans don’t want our troops bogged down in Iraq forever, staffing permanent bases, even if casualty rates declined considerably.

UPDATE: An e-mail I received from Moveon.Org says this ad is “the most effective TV ad we’ve ever created.” It says Greenberg Quinlan Rosner Research surveyed viewers of this ad and found that a “61 percent majority describe the ad as convincing.”

The full text of the Moveon.Org e-mail is after the jump.

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AFSCME to endorse Hillary--how much will it help?

Howard Fineman has a story up saying AFSCME will endorse Hillary Clinton next week:

http://www.msnbc.msn…

I’m told by labor sources that the endorsement will come next Thursday after a series of AFSCME committee meetings. The union, whose members by definition are no strangers to politics, has 30,000 members in the crucial caucus state of Iowa, plus 90,000 in Michigan and 110,000 in Florida – two other “early” states in the nomination process. 

And so the Clinton Family Machine grinds on.  The president of AFSCME, Gerald McEntee, goes back a long way with the Clintons, to the early stages of the 1992 presidential campaign. McEntee took a flier on a then-obscure governor of Arkansas. The AFSCME endorsement provided Bill Clinton with an important early foothold in a labor movement that had doubts about him. Not surprisingly, McEntee became a White House favorite.

Fineman claims that Bill personally lobbied McEntee and had a lot to do with this endorsement.

Clearly any Democrat would love to get the AFSCME endorsement, and I'd be lying if I said I think it's irrelevant. Yet the largest union in Iowa's recent track record (Dean, Blouin) doesn't suggest that its foot soldiers can deliver the goods.

On Labor Day two women who are very involved in AFSCME in Iowa told me that there was strong support for Edwards and Obama as well as for Hillary within the union's ranks.

It will be interesting to see how much AFSCME is able to add to Hillary's ground game here.

Anyone out there know more about the inner workings of AFSCME in Iowa? How helpful do you think this endorsement will be?

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