For the second time in three years, Governor Kim Reynolds refused to act on a slate of nominees approved by one of Iowa’s regional judicial nominating commissions.

In early November, Reynolds took the “extraordinary step” of returning one candidate to the District 2B Judicial Nominating Commission. She eventually appointed Ashley Sparks to fill the District Court vacancy, but only after the commission held an additional meeting (at the governor’s request) to nominate a second eligible candidate for the judgeship.

The sequence of events raises questions about the governor’s legal authority to intervene when a judicial nominating commission has not adequately discharged its duties.

The situation also raises broader questions about the District 2B Judicial Nominating Commission. In November 2021, Reynolds refused to fill a vacancy in the same district after determining a judge’s “unprofessional” conduct had tainted the selection process. Since then, the District 2B commission—unlike all of its counterparts around the state—has not followed statutory and constitutional provisions that call for the senior judge of a district to chair such bodies.

The Iowa Attorney General’s office is not currently covering the cost of emergency contraception or abortions for Iowans who are victims of rape or sexual assault, Natalie Krebs reported for Iowa Public Radio on April 7.

Iowa law requires the state’s victim compensation fund to pay for a sexual assault victim’s medical examination “for the purpose of gathering evidence,” as well as any treatment “for the purpose of preventing venereal disease.” Under longtime Attorney General Tom Miller, that fund also covered the cost of abortion services or Plan B, medication that prevents ovulation and therefore pregnancy if administered soon enough following unprotected sex.

In a statement provided to Iowa Public Radio, spokesperson Alyssa Brouillet said Attorney General Brenna Bird “is carefully evaluating whether this is an appropriate use of public funds” as part of a broader review of victim assistance programs. Payment of “pending claims will be delayed” until Bird completes her review.

Brenna Bird wasted no time putting her mark on the Iowa Attorney General’s office. Big changes commenced before the Republican’s formal swearing in on January 5.

The State Judicial Nominating Commission will interview an unusually small number of applicants for the Iowa Supreme Court vacancy to be created when Justice Brent Appel reaches the mandatory retirement age next month.

Only five people—three judges and two attorneys in private practice—applied for the position, the Iowa Judicial Branch announced on June 20. The commission will interview Third Judicial District Chief Judge Patrick Tott, Ames attorney Timothy Gartin, Des Moines attorney William Miller, District Court Judge Alan Heavens, and Iowa Court of Appeals Judge David May on June 27. The commissioners will send three names to Governor Kim Reynolds, who will have 30 days to appoint the next justice from that short list.

Guthrie County Attorney Brenna Bird launched her second campaign for Iowa attorney general on January 4. Although her Democratic opponent will be Attorney General Tom Miller, Bird signaled that her strategy will be to run against two Democratic presidents.

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.

The Iowa Department of Education has conceded that facial coverings may be required in some school settings to ensure students with disabilities have equal access to educational opportunities.

In a December 1 order distributed to Area Education Agencies, agency officials determined that the federal Individuals with Disabilities Education Act (IDEA) allows schools to make an exception to a state law that generally bans mask mandates, if a student’s Individualized Education Programs (IEP) team finds masking is needed for that child to receive the education federal law guarantees.

However, the department’s order said the IDEA does not require public schools to adopt district-wide mask mandates.

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.

The Iowa Ethics and Campaign Disclosure Board will review advertisements featuring Governor Kim Reynolds, which were funded through federal COVID-19 relief dollars.

The board’s executive director Mike Marshall told Bleeding Heartland on June 18 that some commercials from the “Step Up, Stop the Spread” campaign launched last November “are now under review by the Ethics Board.” Earlier this month, State Auditor Rob Sand asked the board to consider whether the ads violated Iowa’s law banning state officials from engaging in “self-promotion with taxpayer funds.”

Marshall said he anticipates the ethics board will discuss the matter in closed session at its next meeting, scheduled for August 12.

Jerry Foxhoven asserts in a new lawsuit that Governor Kim Reynolds and her senior staff forced him out as Iowa Department of Human Services director “because he refused to engage in illegal activity” and to prevent him from seeking legal advice about possible misuse of federal Medicaid funds.

The petition filed in Polk County District Court on June 9 closely tracks allegations Foxhoven made in a wrongful termination claim soon after he resigned under pressure in 2019. Reynolds, her chief of staff Sara Craig Gongol, and her former senior legal counsel Sam Langholz are named defendants in addition to the state of Iowa.

Foxhoven’s court filing says the events leading to his ouster centered on a dispute over payments from DHS for work done by Reynolds’ deputy chief of staff Paige Thorson. The DHS director agreed in early 2018 to have the agency pay 69 percent of Thorson’s salary and benefits, as she assisted Iowa’s new Medicaid director Mike Randol. Foxhoven signed a similar agreement for the next fiscal year, which ran through June 2019. (Several of the governor’s staffers are mostly paid by other state agencies; the longstanding practice helps Reynolds keep more staff on payroll than her budget appropriation could support.)

Foxhoven says that in February or March 2019, he told Craig Gongol in a telephone conversation “that Randol was now adequately familiar with Iowa’s health care network,” adding that “Thorson was no longer performing duties that furthered the mission of Iowa Medicaid and that he did not believe DHS could legally divert federal Medicaid dollars to pay her salary.”

In the spring of 2019, Republican lawmakers approved an extra $200,000 for the governor’s office, supposedly for health and tax policy analysts. Foxhoven says he “believed that the issue was resolved,” and spoke with Craig Gongol in early June “hoping to confirm that DHS would not continue paying any portion of the Thorson’s salary with Medicaid funds in the next fiscal year.”

However, the governor’s chief of staff indicated that she expected the agency to keep compensating Thorson. Foxhoven “questioned the legality of such an arrangement” and asked Craig Gongol to consult with legal counsel Langholz, but she refused.

According to Foxhoven, he told Craig Gongol “that he intended to ask the assistant attorney generals assigned to DHS for a legal opinion” on June 18, after the expected conclusion of a federal trial they were working on. But he wasn’t able to send that email, because Craig Gongol and Langholz asked for his resignation on June 17. Foxhoven says during that meeting, the governor’s senior staff “demanded the immediate return of all of Foxhoven’s state issued equipment and told him not to return to his office.”

The lawsuit alleges that the defendants terminated Foxhoven:

• “in order to prevent him from enforcing his statutory right to disclose information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
• “in order to prevent him from disclosing information he reasonably and in good faith believed constituted a violation of the law, mismanagement, a gross abuse of funds or abuse of authority […]”;
• “because he refused to engage in illegal activity; that is committing Medicaid fraud and misuse of federal monies by continuing to pay Thorson’s salary despite the fact that she was no longer providing any duties relating to Medicaid or otherwise furthering the mission of DHS […]”; and
• interfered with and prevented him from consulting with the Iowa Attorney General’s office about his agency continuing to pay Thorson’s salary.

Foxhoven told journalists in 2019 he would not have objected to using Medicaid funds to support Thorson’s compensation if legal experts determined the practice was still allowable. But he wanted a letter from the Attorney General’s office. That way, in case state or federal auditors questioned the payments later, “There might be a difference of opinion between the auditor and the AG’s office, but it isn’t a matter of Foxhoven diverting funds.”

State agency directors are at-will employees, who serve at the pleasure of the governor. But one exception to the at-will doctrine is firing someone in violation of public policy–for instance, because they refuse to engage in illegal conduct. Foxhoven’s lawsuit alleges that his “termination violates well established public policy of the State of Iowa as defined by statute, regulation, and judicial decision.”

The court filing notes that Foxhoven has suffered “substantial loss of earnings, insurance benefits, retirement benefits and other employee benefits” as well as “emotional distress and damage to his reputation.” It also argues that he’s entitled to punitive damages against Reynolds, Craig Gongol, and Langholz, because their termination of his employment “was willful and wanton and done in reckless disregard of his rights.”

The governor’s office did not immediately respond to Bleeding Heartland’s request for comment on the lawsuit. The Iowa Attorney General’s Office had no comment. Langholz has worked there since late last year, representing the Reynolds administration in several high-profile cases.

Reynolds said in 2019 that “many factors” influenced her decision to ask for the DHS director’s resignation. (The agency has faced lawsuits and investigations over its management of the State Training School for Boys and the Glenwood Resource Center for the intellectually disabled.) In early 2020, the governor told reporters “she was ‘not happy’ with the response she received” about an increase in deaths at Glenwood.

Reynolds also claimed Foxhoven “never raised concerns with me or my staff about the salary agreements in question, and he never asked my staff for a legal opinion or said he would be reaching out to the Attorney General’s office for one.”

Final note: Records I received while investigating the governor’s office spending indicated that DHS did not end up paying any portion of Thorson’s salary during fiscal year 2020, which began in July 2019. However, DHS did pay 100 percent of the salary and benefits of the governor’s new health policy adviser Liz Matney from July 2019 through mid-March 2020. Thorson and Matney were among 21 permanent staffers in Reynolds’ office who had about 62 percent of their compensation from mid-March through June 2020 covered through federal COVID-19 relief funds.

Appendix: Petition filed in Polk County District Court on June 9

A special investigation by the State Auditor’s office asserted on June 3 that Governor Kim Reynolds violated Iowa law by using $152,585 in federal COVID-19 relief funds to purchase “online and televised ads containing the Governor’s voice, image, and name.”

Less than 30 minutes after the auditor’s report was published, Reynolds responded in a news release that the law “clearly allows” such use of public money in the context of a public health disaster emergency.

A few hours later, State Auditor Rob Sand defended his conclusions in a new written statement.

My non-lawyer’s reading of the relevant statutes aligns with the governor’s interpretation. But while legal points could be argued, one indisputable fact is that all parties involved should have discussed these findings prior to the report’s publication, instead of duking it out in news releases today.

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.

My primary goal in running this website is to provide Iowa political news and analysis that’s not available anywhere else. I’m proud of what Bleeding Heartland accomplished in 2020 and want to highlight some of the investigative reporting and accountability journalism published first or exclusively here.

A forthcoming post will review the site’s most popular pieces from 2020, which included many I worked hardest on or most enjoyed writing.

As always, I’m grateful for readers whose appetite for this kind of reporting keeps me going.

Governor Kim Reynolds’ office would have had a large shortfall for the fiscal year that ended June 30 without a transfer of federal funds from the Coronavirus Aid, Relief and Economic Security (CARES) Act, state financial reports show.

Documents Bleeding Heartland obtained through public records requests indicate that in mid-September, the state’s accounting system showed $448,448.86 was needed to balance the fiscal year 2020 appropriation for the governor’s office. Reynolds’ chief of staff Sara Craig Gongol invoiced the Iowa Department of Homeland Security for exactly that amount in CARES Act funds shortly before the books closed on fiscal year 2020.

That invoice and an accompanying document on “COVID-19 Personnel Costs” were revised to incorporate language from U.S. Treasury guidance on allowable Coronavirus Relief Fund expenditures.

For many years, during several administrations, Iowa governors have maintained a larger office than the general fund appropriation would otherwise allow by having separate state agencies support some employees’ salaries. But it has not been typical to use hundreds of thousands of federal dollars to balance the books. Without the CARES Act funding, Reynolds’ office would have been deeply in the red during the last fiscal year, even after four state agencies chipped in a total of $357,652 to cover part of four staffers’ compensation.

Governor Kim Reynolds has falsely accused Attorney General Tom Miller of playing “political games,” strong-armed him to cede part of his authority to her, and blocked him from joining dozens of multi-state legal actions.

Yet Miller just gave Reynolds’ senior legal counsel Sam Langholz a prestigious job that could one day help him obtain a coveted judgeship.

The state of Iowa’s contract with Workday to upgrade computer systems “is not an allowable expenditure” under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), the U.S. Treasury’s Office of Inspector General informed Iowa Department of Management Director David Roederer on October 16.

The State Auditor’s office released a copy of the letter on October 21. State Auditor Rob Sand announced two days earlier that he had also informed Governor Kim Reynolds and Roederer that spending $21 million on Workday-related costs was “not an appropriate use” of the Coronavirus Relief Fund.

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.

State Auditor Rob Sand had “great news” to share with members of the Iowa House and Senate Appropriations Committees in May. Federal officials had agreed not to demand repayment for alleged overbilling, provided that Iowa changed its billing practices for future audits. The savings to the state would amount to tens of thousands of dollars for each fiscal year.

Documents Bleeding Heartland obtained through a public records request confirm that key Reynolds administration officials were on board with the reform plan, and Iowa Senate appropriators took it up in June as the legislature was completing its work.

The records also show that State Representatives Gary Mohr and John Landon refused to move the fix through the Iowa House.

What they don’t explain is why.

“Quite simply, when someone serves their sentence and pays the price our justice system has set for their crimes, they should have their right to vote restored automatically, plain and simple,” Governor Kim Reynolds said on August 5, shortly before signing a critically important document.

Executive Order 7 automatically restores voting rights to most Iowans who have completed prison sentences or terms of probation or parole associated with felony convictions. The Iowa-Nebraska NAACP estimated that the order paves the way for more than 40,000 people to vote this year. Going forward, approximately 4,700 Iowans who complete felony sentences each year will regain the same rights.

Reynolds had publicly promised to sign such an order seven weeks ago, after Republican senators declined to advance the state constitutional amendment that was her preferred way of addressing the problem.

Both the substance of the measure and the way the governor announced it revealed aspects of her leadership style.

Governor Kim Reynolds has signed into law provisions that would make it harder for county auditors to process some absentee ballot request forms.

Democratic election lawyers have signaled plans to challenge the new restrictions, which copy an administrative rule struck down in court last year.

Governor Kim Reynolds denied 35 requests to sign Iowa on to multi-state legal actions during the first year of an unusual arrangement in which Attorney General Tom Miller ceded some of his authority.

Reynolds refused to allow the state to weigh in on lawsuits related to federal or state policies on immigration, reproductive rights, environmental regulation, consumer protection, gun safety, LGBTQ rights, and access to President Donald Trump’s personal records.

During the same time frame, the governor approved eighteen requests from Miller to join cases involving a wide range of legal matters.

After interviewing fifteen applicants, the State Judicial Nominating Commission on March 6 agreed on three nominees for the Iowa Supreme Court: Matthew McDermott, District Court Judge Mary Chicchelly, and Iowa Court of Appeals Judge David May. Governor Kim Reynolds will appoint one of them during the next few weeks.

To the credit of the commissioners, all three finalists are well-qualified to serve. Thanks to a law Republicans enacted in 2019, commission members appointed by either Reynolds or Governor Terry Branstad now outnumber elected attorneys, meaning they had the votes to send less-experienced but politically-connected loyalists to the governor. They did not.

I’ve enclosed below highlights from each finalist’s application and interview, along with some noteworthy comments by three candidates who didn’t make it onto the short list: Brenna Bird, Alan Ostergren, and Sam Langholz.

I felt confident in January that Reynolds would appoint McDermott, because of his past work for the Republican Party of Iowa and close ties to senior GOP officials. Knowing now that the governor’s own legal counsel Langholz has ambitions to serve on the Supreme Court, I wouldn’t be surprised to see Reynolds pick a different finalist. Langholz’s job involves helping the governor interview and select judges. He has incentive to steer her toward appointing a candidate who has presided over a District Court, to improve the odds of the State Judicial Nominating Commission selecting someone who lacks that experience next time. Reynolds will get at least one more appointment to the high court, because Supreme Court Justice Brent Appel will reach the mandatory retirement age in 2022.

UPDATE: The commission recommended Mary Chicchelly, David May, and Matthew McDermott. I’ve added below highlights from Langholz’s interview.

Iowa’s State Judicial Nominating Commission will interview candidates to succeed retiring Supreme Court Justice David Wiggins on March 6. The fifteen applicants include two finalists Governor Kim Reynolds passed over for the vacancy she filled last month (District Court Judge Joel Barrows and Matthew McDermott) and several who have applied for previous vacancies, such as District Court Judges Mary Chicchelly and Patrick Tott, District Associate Judge Romonda Belcher, Assistant Attorney General Molly Weber, and Muscatine County Attorney Alan Ostergren.

Three applicants have provoked anxiety in Iowa legal circles. Bleeding Heartland discussed some problematic aspects of Ostergren’s record when he applied for a Supreme Court vacancy last year. Guthrie County Attorney Brenna (Findley) Bird previously served as chief of staff for U.S. Representative Steve King and later as Governor Terry Branstad’s legal counsel. In that capacity, a jury found last year, Bird and Branstad violated the constitutional rights of former Workers’ Compensation Commissioner Chris Godfrey. While working in the Branstad administration, Bird was also involved in rushing through an effort to ban the use of telemedicine for abortions. The Iowa Supreme Court unanimously struck down that administrative rule in 2015.

The greatest concern has centered on Sam Langholz, the governor’s senior legal counsel. He is widely perceived as Reynolds’ top choice. Thanks to changes in the selection process Langholz helped engineer last year, the governor may have the votes on the State Judicial Nominating Commission to get her subordinate on Iowa’s highest court.

That would be troubling for several reasons.

On the same day Kentucky Governor Andy Beshear restored voting rights to some 140,000 constituents who previously committed nonviolent crimes, Governor Kim Reynolds rolled out an incremental step to make it easier for Iowans to regain their voting rights after completing a felony sentence.

It was the fourth time the application process has been simplified in nearly nine years since Governor Terry Branstad restored Iowa’s lifetime ban on voting after a felony conviction.

Although the new policy may marginally increase the number of Iowans who can cast a ballot in 2020, it will leave tens of thousands of Iowans unable to vote for years. It’s not clear the governor’s office will be able to process all of the new applications in time for next year’s general election.

Reynolds could mostly solve this problem in a day. She clings to an unconvincing rationale for not doing so.

Multiple Iowa Supreme Court justices spoke with Iowa House Republicans shortly before GOP lawmakers approved a bill that gave the governor more influence over the judicial selection process and shortened the chief justice’s term.

But only Chief Justice Mark Cady disqualified himself from considering the legal challenge to that law’s validity, and only Cady has been transparent about his communications on the issue with legislators and staff for Governor Kim Reynolds.

Justice Thomas Waterman and Justice Edward Mansfield appear to have pushed for the bill’s passage and stand to benefit from electing a new chief justice in 2021. Yet neither recused himself from hearing the case. Nor have they revealed their contacts with Republican legislators or the governor’s legal counsel Sam Langholz, despite a judicial rule calling for disclosure of information relevant to a recusal motion.

Former Iowa Department of Human Services Director Jerry Foxhoven has filed claims of “wrongful discharge in violation of public policy” against the state of Iowa as well as against Governor Kim Reynolds, the governor’s chief of staff Sara Craig Gongol, and the governor’s senior legal counsel Sam Langholz. I enclose below the documents Foxhoven’s attorney Thomas Duff submitted to the State Appeal Board on August 29. They are consistent with Foxhoven’s earlier remarks to the media about events preceding his resignation in June.

Former Iowa Department of Human Services director Jerry Foxhoven revealed more details about his wrongful termination claim on August 1. He asserts that he was fired after expressing concern about the DHS continuing to pay a large share of the salary for the governor’s deputy chief of staff, Paige Thorson.

As Bleeding Heartland reported last week, Thorson worked extensively on Medicaid-related issues for some time, but she became less involved with the DHS this spring, as Governor Kim Reynolds brought on a new health policy adviser.

Foxhoven and his attorney Tom Duff released a written statement and answered many follow-up questions during a 45-minute news conference. Radio Iowa posted the full audio. The questions and answers below are not a transcript from the conference, but rather my effort to put information about Foxhoven’s case in context for readers.

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

UPDATE: The governor signed this bill on May 8.

In the closing hours of the legislature’s 2019 session, Iowa House Republicans introduced a new plan to change the system used to choose our state’s judges.

While not as far-reaching as the initial proposal, the legislation would still give Governor Kim Reynolds substantially more control over judicial selection.