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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