Iowans who handle public records requests for government bodies gained more protection from possible retaliation on June 23, when the Iowa Supreme Court ruled that former Iowa Department of Public Health communications director Polly Carver-Kimm can proceed with both of her wrongful termination claims against the state.

Four justices affirmed a Polk County District Court decision, which allowed Carver-Kimm to allege under Iowa’s whistleblower statute that she was wrongly forced to resign in July 2020, and that Iowa’s open records law protected her activities when fulfilling records requests for the public health agency.

The Iowa Supreme Court did reverse one part of the lower court’s ruling. All seven justices determined that Governor Kim Reynolds and her former spokesperson Pat Garrett should be dismissed as individual defendants, because they lacked the “power to authorize or compel” Carver-Kimm’s termination.

But the impact of the majority decision in Carver-Kimm v. Reynolds extends far beyond the named defendants in one lawsuit.

It’s time for another review of Bleeding Heartland’s most widely-read posts from the year that just ended. I always struggle a bit with this task, because the work I’m most proud of doesn’t always overlap with what resonated most with readers. Also, I’m wary of watching traffic numbers too closely, because I try not to let potential clicks drive my editorial decisions.

However, I always gain some insight from this review, so here goes.

This list draws from Google Analytics data about total views for 598 posts this website published during 2021: 362 written by me and 236 by other authors. I left out the site’s front page and the “about” page, where many people landed following online searches.

A Polk County District Court has rejected the state’s motion to dismiss part of Polly Carver-Kimm’s wrongful termination lawsuit against the state of Iowa, Governor Kim Reynolds, her former communications director Pat Garrett, and several senior Iowa Department of Public Health (IDPH) officials.

Carver-Kimm handled press contacts and public records requests for the IDPH for thirteen years before being forced to resign in July 2020. She asserts that she was “stripped of her duties and later terminated after she made repeated efforts to comply with Iowa’s Open Records law (Chapter 22) by producing documents to local and national media regarding the State of Iowa’s response to the ongoing pandemic.”

District Court Judge Lawrence McLellan’s December 22 ruling (enclosed in full below) affirmed the importance of the open records law and rejected the state’s effort to remove Reynolds as a defendant in this case.

The ACLU of Iowa filed suit on December 16 on behalf of three reporters and three media organizations over Governor Kim Reynolds’ long-standing failure to comply with Iowa’s open records law. The lawsuit cites five unfulfilled requests submitted by me, two submitted by Clark Kauffman of Iowa Capital Dispatch, and one submitted by Randy Evans of the Iowa Freedom of Information Council.

I’ve been seeking some of those records for more than a year. My oldest outstanding request, for video messages the governor may have recorded for meatpacking plant employees during the early weeks of the pandemic, dates to April 2020. Although Reynolds told members of the Iowa Capitol Press Association in January 2021 that she would commit to having her staff respond to open records requests “in a timely manner,” her office continues to stonewall.

Governor Kim Reynolds’ office was able to spend nearly 40 percent more than its $2.3 million budget appropriation during the last fiscal year, mostly by shifting personnel costs onto other state agencies.

Documents Bleeding Heartland obtained through public records requests show that eight state agencies covered $812,420.83 in salaries and benefits for nine employees in the governor’s office from July 1, 2020 through June 30, 2021. In addition, the Office for State-Federal Relations in Washington, DC remained understaffed, as it has been throughout Reynolds’ tenure. The vacant position should allow roughly $85,000 in unspent funds to be used to balance the rest of the governor’s office budget, as happened last year.

The governor’s communications director Pat Garrett did not respond to four inquiries over the past two weeks related to the office budget. But records indicate that unlike in 2020, federal COVID-19 relief funds will not be tapped to cover salaries for Reynolds’ permanent staffers in fiscal year 2021.

Republican leaders in the Iowa House and Senate declined this year to require face coverings, social distancing, or other COVID-19 mitigation practices in the state capitol. Governor Kim Reynolds and her staff have been spreading misinformation and casting doubt about whether masks reduce coronavirus transmission in schools.

But one branch of state government is following the recommendations of top scientists at the U.S. Centers for Disease Control.

Iowa Supreme Court Chief Justice Susan Christensen signed an order on August 27 stating that “All people entering court-controlled areas must wear a face covering,” even if they have been fully vaccinated for COVID-19.

Governor Kim Reynolds’ senior legal counsel Michael Boal has belatedly provided a copy of former Iowa Veterans Home Commandant Timon Oujiri’s termination letter. On May 10, Bleeding Heartland asked the governor’s office and the Iowa Veterans Home for records showing the “documented reasons and rationale” for Oujiri’s dismissal, which Reynolds’ staff had recently confirmed.

Boal, who is the records custodian for the governor’s office, did not acknowledge receipt of the request at that time. He also ignored follow-up emails on June 30 and July 23, as did the governor’s chief of staff Sara Craig Gongol and spokesperson Pat Garrett, whom I copied on that correspondence. Staff at the veterans home likewise did not provide any responsive records.

State officials deployed “strike teams” involving the Iowa National Guard to more businesses last year than previously acknowledged.

Records the Iowa Department of Public Health (IDPH) released on April 26 show seventeen workplaces received COVID-19 testing assistance through a strike team. The agency had stated in January that only ten workplaces (operated by nine companies) had strike team visits. Several newly-disclosed events benefited businesses linked to Governor Kim Reynolds’ major campaign donors.

Iowa used the strike teams mostly during the spring of 2020, when COVID-19 testing supplies were scarce. However, a strike team was sent to Iowa Select Farms administrative headquarters in mid-July, more than five weeks after the state had stopped providing testing help to other business. That company’s owners are Reynolds’ largest campaign contributors.

The governor asserted at a January news conference that the state had facilitated coronavirus testing for more than 60 companies, saying no firm was denied assistance. The newly-released records show nineteen businesses received testing kits from the state, and another nineteen were directed to a nearby Test Iowa site where their employees could schedule appointments.

The public health department’s spokesperson Sarah Ekstrand has not explained why she provided incomplete information about the strike team program in January. Nor has she clarified what criteria state officials used to determine which companies received which kind of testing assistance.

The governor’s spokesperson Pat Garrett did not respond to any of Bleeding Heartland’s emails on this subject. Reynolds walked away when I tried to ask her about the strike team decisions at a media gaggle on April 28.

Governor Kim Reynolds promised early this year that she would have her staff respond “in a timely manner” to requests for public records.

Two and a half months later, the governor’s office continues to delay action on numerous requests for documents subject to Iowa’s open records law.

UPDATE: Weeks after publication, state officials said this payment had been “inaccurately coded to the federal CARES program,” which was “anticipated” to cover this expense but did not. They said the database would be corrected to reflect the coding error. More details are at the end of this post. Original text follows.

Iowa’s Office of Chief Information Officer spent $39,512 in federal COVID-19 relief funds on a project to migrate computers in Governor Kim Reynolds’ office from Google suite to Microsoft Office 365.

Public databases showing expenditures from Iowa’s Coronavirus Relief Fund do not indicate the governor’s office was the beneficiary of that November payment from OCIO to the vendor Insight Public Sector for unspecified “IT Outside Services.” Documents obtained through public records requests show the money covered the cost of the Google to Office 365 migration.

The governor’s office reimbursed OCIO for that expense in mid-December, days after the Reynolds administration was forced to backpedal on other COVID-19 funds spent on computer technology. Earlier the same month, Bleeding Heartland had sought records related to goods and services OCIO purchased on behalf of the governor’s office using money from the Coronavirus Relief Fund. 

The governor’s spokesperson Pat Garrett has not replied to inquiries about who authorized the initial spending on switching from Google to Office 365 or what funding source eventually covered the cost.

Federal funds used to cover salaries and benefits for Governor Kim Reynolds’ staffers were routed through the Iowa Department of Homeland Security and Emergency Management, rather than going directly to the governor’s office.

Because of the unique arrangement, state agencies’ databases and published reports on expenditures from the Coronavirus Aid, Relief and Economic Security (CARES) Act do not reveal that any funding supported the governor’s office. Instead, some show allocations from Iowa’s Coronavirus Relief Fund to Homeland Security, from which $448,449 was spent on “COVID Staffing” or “State Government COVID Staffing.”

That’s the exact dollar amount Reynolds approved to pay permanent employees on her staff for part of their work during the last three and a half months of the 2020 fiscal year. Other agencies that had staff working on the pandemic response from the State Emergency Operations Center, such as the Iowa Department of Public Health, did not receive CARES Act funding through the same indirect route.

The governor’s communications director Pat Garrett and chief of staff Sara Craig Gongol did not respond to six inquiries over a three-week period about how these payments were made and recorded.

Governor Kim Reynolds has defended her decision to use nearly $450,000 in federal funds from the Coronavirus Aid, Relief and Economic Security (CARES) Act to pay salaries and benefits for her permanent staffers.

But her comments at a September 16 news conference, along with information her staff provided to some reporters afterwards, left several salient questions unanswered.

Governor Kim Reynolds directed that nearly $450,000 in federal funding the state of Iowa received through the Coronavirus Aid, Relief and Economic Security (CARES) Act be used to cover salaries and benefits for staff working in her office.

According to documents Bleeding Heartland obtained from the Iowa Department of Management through public records requests, the funds will cover more than 60 percent of the compensation for 21 employees from March 14 through June 30, 2020.

Reynolds has not disclosed that she allocated funds for that purpose, and reports produced by the nonpartisan Legislative Services Agency have not mentioned any CARES Act funding received by the governor’s office. Nor do any such disbursements appear on a database showing thousands of state government expenditures under the CARES Act.

The governor’s communications director Pat Garrett did not respond to four requests for comment over a two-week period.

Update: Carver-Kimm amended her lawsuit in June 2021 to include the two claims originally filed with the State Appeal Board. She amended it again in August 2021 to add more plaintiffs and remove the third count related to First Amendment claims. You can read the latest version of the petition here. The case is scheduled for trial in the summer of 2022. Original post follows.

The Iowa Department of Public Health’s longtime communications director Polly Carver-Kimm filed suit on September 2, claiming she was wrongfully terminated, in violation of the state’s whistleblower law. Stephen Gruber-Miller first reported on the lawsuit for the Des Moines Register. I’ve enclosed below the District Court filing and Carver-Kimm’s parallel claims filed with the State Appeal Board.

Carver-Kimm was the lead media contact at IDPH for thirteen years before she was told to resign or be fired in mid-July. Her attorney, Tom Duff, has represented other well-known Iowans who have sued the state on whistleblower claims or alleging wrongful termination, including former criminal investigator Larry Hedlund (who had caught the SUV carrying then Governor Terry Branstad speeding) and former Department of Human Services Director Jerry Foxhoven.

The day she was ousted, Carver-Kimm told the Des Moines Register’s Tony Leys she was “embarrassed and saddened by the way the media has been treated during COVID.” She asserted that she was stripped of her duties and eventually removed for being too open with journalists seeking information about the pandemic.

Her court filing and an accompanying news release from Duff’s office are more specific about alleged violations of Iowa’s open records law.