Randy Evans can be reached at DMRevans2810@gmail.com.

People in the health care field have worked their tails off since the COVID-19 pandemic hit Iowa with a vengeance in 2020.

Doctors, nurses, and all manner of technicians and support staff have performed heroically under circumstances that often were trying.

But the death this year of a patient at a Centerville care center has struck a chord with many Iowans — and not just because COVID claimed another life. The reaction has ranged from sadness to anger because the person’s treatment was unprofessional, uncaring and incompetent, if not bordering on criminal.

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

Herb Strentz discusses the disappointing work of the Iowa Public Information Board, which was created ten years ago to enforce the state’s open meetings and records laws.

Question: Should “We the people” of Iowa pay for our government not telling us what it is doing?

Answer: The question is rhetorical, because we already do so—even though as a matter of principle and given the intent of Iowa’s Sunshine laws, we should not.

The center of this Q&A is the Iowa Public Information Board (IPIB). When created in 2012, after years of work with state lawmakers, the board was heralded. The concept was, challenges to government secrecy would be subject to quick, inexpensive answers. No need to hire a lawyer to represent your concerns.

But two good commentaries illustrate how those dreams were more like delusions.

UPDATE: The Iowa Public Information Board voted on August 18 not to proceed with these draft rules. They may look at open records rules again in the future but did not schedule a date for beginning the process. Original post follows.

The Iowa Public Information Board will not move forward with proposed administrative rules regarding open records requests, the board’s executive director Margaret Johnson told members of the Iowa legislature’s Administrative Rules Review Committee on July 19. Instead, the board’s rules committee will consider feedback next month and put the matter on the agenda for the full board’s September meeting.

Board members have not yet determined whether to let the proposed rule die by taking no action, or whether to post a formal notice of termination. Nor have they decided whether to draft a new version of open records rules after scrapping their first effort.

Johnson said the board had heard from eight speakers at a public hearing on July 11 and received nineteen written comments on the draft rule. (Board staff provided copies of those comments to Bleeding Heartland.)

When summarizing for state lawmakers the criticism the information board received, Johnson did not mention transparency advocates’ concerns about language that would create new excuses for officials wanting to delay providing records. Rather, she highlighted three objections offered by those representing government bodies.

Longtime advocates for access to public records in Iowa expressed concern this week about new administrative rules proposed by the Iowa Public Information Board.

The draft rules would spell out requirements for acknowledging and responding “promptly” to public records requests, but would also create a new excuse for government bodies that fail to provide timely access to records. Nothing in Iowa’s open records statute, known as Chapter 22, authorizes the board’s proposed language on “unforeseen circumstances,” nor is that concept consistent with Iowa Supreme Court precedent.

Carl Olsen is the founder of Iowans for Medical Marijuana.

If you have travel plans this summer, you might want to consider a route that avoids Iowa.  Last week, the Iowa Supreme Court denied protection for an out-of-state medical marijuana patient.

William Morris covered the ruling for the Des Moines Register, and Paul Brennan wrote about it at Little Village.

After reading the 4-3 majority opinion in State v. Middlekauff, I felt something seemed amiss. 

After a hectic two days at the capitol, the Iowa House and Senate finished their work for the year shortly after midnight on May 25.

In the coming days, Bleeding Heartland will cover some of the final bills in detail. As usual, there were a few surprises in the “standings” bill, such as a provision expanding open enrollment from public schools. While Democrats opposed many bills sent to Governor Kim Reynolds this week, including a ban on COVID-19 vaccine requirements for schools or child care centers, they welcomed one of the last-minute proposals, which exempts diapers and period products from Iowa’s sales tax.

This piece will focus on bills that didn’t make it through, despite a push from Reynolds or top Republican lawmakers.

I anticipate future legislative battles over most if not all of these proposals. Earlier this year, the governor signed into law two priority items that failed to advance in 2021: a measure banning transgender Iowans from girls’ and women’s sports, and deep cuts to unemployment benefits.

More than four months after the usual publication date of December 31, Iowa’s Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended on June 30, 2021 is nowhere in sight.

It’s the second straight year that the detailed report on state finances is far behind schedule. The ACFR must be completed before many other annual audits of state government entities can be conducted.

For decades, Iowa routinely published the report within six months of the end of the previous fiscal year. That time frame earned the state a Certificate of Achievement for Excellence in Financial Reporting from the leading organization for government finance officers.

CAUSE OF DELAY STILL UNCLEAR

The report for fiscal year 2020 was delayed for about nine months, mostly because of accounting problems at Iowa State University. But the university told Bleeding Heartland in January that ISU “submitted all year-end financials, responded to audit questions and completed recommended changes for the final financial statements by Nov. 12, 2021.” That’s only about six weeks after the deadline for most state government entities to send fiscal year-end data to the Iowa Department of Administrative Services.

Iowa’s human resources agency will not release certain statistics on pending sexual harassment or hostile workplace complaints involving state government employees, Democratic State Senator Janet Petersen revealed this week.

Speaking to fellow senators on April 25, Petersen expressed concern about how many complaints continue to be filed, despite Governor Kim Reynolds’ stated “zero tolerance” policy on harassment.

She said the Department of Administrative Services told her there are 199 pending cases but refused to break down the numbers by type of complaint or class of employee affected. Senators have not even been told whether any of Reynolds’ nominees or appointed agency directors have been the subject of a workplace environment investigation.

Petersen also faulted the DAS for not informing those who initiate cases about the agency’s findings.

Randy Richardson: Everyone likes paying lower taxes until they realize they may not receive the same benefits from the government.

Americans hate taxes. Other countries have taxes, including some with much higher tax rates, but for some reason their citizens don’t have the same objections as their American counterparts.

There are a variety of reasons for this, but one of the most common is that many Americans are simply unaware of what government does for them. A 2008 Cornell Survey Research Institute poll showed that 57 percent of respondents said they had never participated in a government social program. However, 94 percent of these same respondents reported being the beneficiary of at least one federal government program, with the average participant benefiting from four of them.

Which brings me to the recently enacted flat income tax bill in Iowa.

The U.S. Treasury Department’s Office of Inspector General is reviewing documentation provided to justify Governor Kim Reynolds’ use of federal COVID-19 relief funds to compensate staff in her office, Deputy Inspector General Richard Delmar told Bleeding Heartland on March 14.

The State Auditor’s office concluded in November and reaffirmed this month that Reynolds used $448,449 in CARES Act funds to pay part of the salaries and benefits of 21 permanent staffers between March and June 2020 in order to “cover a budget shortfall that was not a result of the pandemic.” State Auditor Rob Sand called on Reynolds to return the money to Iowa’s Coronavirus Relief Fund before the end of 2021. The governor’s office has insisted its use of COVID-19 relief funds for staff salaries was justified.

When the State Auditor’s office published its findings in November, Delmar told Bleeding Heartland his office “has not initiated an audit of the Governor’s Office salaries and awaits resolution of this matter between the Iowa State Auditor and the Governor’s Office.”

Asked this week about the impasse between Reynolds and state auditors, Delmar confirmed via email, “We have requested documentation of the uses from the State Auditor’s Office and are in the process of reviewing it.”

Governor Kim Reynolds delivered the Republican response to the State of the Union from a government building terrace that is currently closed for rentals, and her office paid nothing to use the space.

The governor’s spokesperson Alex Murphy confirmed on March 2 that Reynolds gave the speech from the State Historical Building terrace. Five days and several emails later, Murphy confirmed the building “did not charge a fee for the Governor’s use of the space.”

Communications staff for the Iowa Department of Cultural Affairs did not respond to messages over the past week seeking to clarify who approved the unusual arrangement for the governor.

For the second straight year, the state of Iowa missed a deadline for releasing a detailed report on state finances. Officials publicly acknowledged the delay last week but have not explained why the Annual Comprehensive Financial Report for fiscal year 2021 is not complete.

Staff at the Iowa Department of Administrative Services, which compiles this report, have not responded to five inquiries from Bleeding Heartland about the matter over the past two weeks. Staff at the Iowa Department of Management, which prepared a public notice about the late report, likewise ignored three attempts to clarify the source of the problem.

Senator Joe Bolkcom represents Iowa City and is the ranking Democrat on the Iowa Senate Appropriations Committee.

Iowa’s workforce crisis and rural decline can be traced to irresponsible Republican tax and economic policies year after year.  

Their actions bring to life the words of their puppet master Grover Norquist, who famously said, “I don’t want to abolish government. I simply want to reduce it to the size where I can drag it into the bathroom and drown it in the bathtub.”

As Governor Kim Reynolds and legislative Republicans return to the statehouse, their workforce crisis and abandonment of rural Iowa will only grow worse with more tax cuts for Des Moines millionaires. The Republican strategy is to stay the course by continuing to starve rural Iowa’s struggling public schools, exhausted health care providers, declining state parks, dangerous prisons, and neglected state resource centers. 

Governor Kim Reynolds has kept one of three positions on Iowa’s Public Employment Relations Board (PERB) vacant for more than a year, and since October has ensured the board operates with Republican members only.

By law, the board that handles public sector labor relations “shall consist of three members appointed by the governor,” of whom no more than two “shall be of the same political affiliation.” Reynolds has left one position unfilled since August 2020 and recently replaced Democrat Mary Gannon with Republican Jane Dufoe. She serves alongside Erik Helland, a longtime Republican and former state lawmaker.

The current situation runs counter to the spirit of PERB’s partisan balance requirement and potentially allows Reynolds to circumvent the Iowa Senate confirmation process, by shifting board members who are not confirmed to an open position.

In addition, state salary records show Reynolds’ GOP appointees to PERB immediately earned higher pay than Gannon, despite the Democrat’s years of experience. For decades, under Republican and Democratic governors, PERB members not chairing the board had received identical salaries.

The governor’s communications director Alex Murphy confirmed Dufoe’s party affiliation in September, then did not respond to eight follow-up inquiries about the PERB appointments over a three-month period.

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.

Iowa Supreme Court Chief Justice Susan Christensen is forming a task force to undertake a “holistic and comprehensive” review of the juvenile justice system, Iowa’s Director of Juvenile Court Services Chad Jensen announced on December 14.

Speaking at the annual Summit on Justice and Disparities in Ankeny, Jensen explained that Iowa’s juvenile justice system is decentralized among multiple entities and governmental agencies. Some stakeholders have introduced “courageous initiatives” to improve the system in recent years. “While good intentioned,” he added, those programs and services “do have ramifications throughout the entire system.”

The task force will “review the alignment, governance structure, and the funding of Iowa’s juvenile justice system.” Members will also attempt to identify “decision points” that fuel racial, ethnic, or gender disparities for Iowa youth, and develop proposals to improve those outcomes.

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.

With the state’s Comprehensive Annual Financial Report and Single Audit for the 2020 fiscal year in the rear view mirror, the State Auditor’s office has been churning out its annual “reports of recommendations” for state government agencies and other entities. The majority of reports issued so far have cited no concerns related to internal control or compliance with statutory requirements.

However, the latest report for the Iowa Department of Agriculture and Land Stewardship (IDALS), published on November 23, pointed to several practices “for which we believe corrective action is necessary.”

A news release noted that State Auditor Rob Sand “recommended the Department strengthen internal controls over receipts in certain Bureaus,” adding, “The finding discussed above is repeated from the prior year.”

That’s an understatement. Sand and the previous two state auditors have been warning IDALS about the same internal control problems for more than ten years.

Governor Kim Reynolds used $448,449 in federal COVID-19 relief funds to cover a shortfall in her office budget without documenting that 21 of her staffers were “substantially dedicated” to the pandemic response, a state audit determined.

The U.S. Treasury Department’s Office of Inspector General asked state auditors in January 2021 to review whether the spending complied with rules governing the use of Coronavirus Aid, Relief and Economic Security (CARES) Act funds. Bleeding Heartland was first to report in September 2020 on CARES Act payments supporting the governor’s permanent staffers, and reported exclusively last December on how documents were altered to make a “FY 2020 Shortfall” in the governor’s office budget appear to be “COVID-19 Personnel Costs.”

State Auditor Rob Sand warned the Reynolds administration in October 2020 that without adequate documentation, COVID-19 relief funds used to pay governor’s staff salaries might need to be repaid to the federal government. The report issued this week advised the governor to return the money to Iowa’s Coronavirus Relief Fund “for other eligible and supported uses prior to the December 31, 2021 deadline.”

The governor’s spokesperson Alex Murphy told reporters the office is “now working with Treasury to provide them documentation” to support the CARES Act spending.

That’s easier said than done.

“We want to get Iowans back to work!” Governor Kim Reynolds tweeted on October 20, touting a new business grant program financed through the American Rescue Plan, which she used to denounce as a “blue state bailout.”

But there was more: “We also announced a new reemployment case management system to refocus Iowa’s unemployment system and ensure Iowans can get back to work as quickly as possible.”

That’s a creative way of saying Reynolds plans to push more Iowans into available jobs by making it harder for them to collect unemployment benefits. However, the policy changes the governor announced at her latest news conference won’t address several important reasons many Iowans remain out of the workforce.

More than nine months behind schedule, the state of Iowa has released its Comprehensive Annual Financial Report for the fiscal year that ended on June 30, 2020. The report was posted to the Iowa Department of Administrative Services website on October 5.

Under normal circumstances, the state would have published this report in late December 2020. However, Iowa State University has had significant accounting problems since switching to the Workday computer system for financials at the beginning of the 2020 fiscal year. State government entities typically submit their fiscal year-end financials to the state by October 1, but ISU was still sending supplemental pieces six months later.

Deputy State Auditor Marlys Gaston told the Iowa Board of Regents last month that state auditors anticipated sending an internal control letter to ISU regarding misstatements or erroneous information in some of the university’s financial statements.

UPDATE: In November 2023, a spokesperson for OCIO told Bleeding Heartland, “OCIO never executed a contract for Master Data Management in any RFP.” She did not explain why the project was shelved. However, it appears that the American Rescue Plan funds allocated for this project were not spent for that purpose. In December 2023, the spokesperson confirmed, “Master Data Management has not moved forward since October 2021.” Original post follows.

Governor Kim Reynolds has allocated $13 million from the state’s American Rescue Plan funds for a data project that has been in the works since 2019.

Last year, the governor approved a request from the state’s Office of Chief Information Officer (OCIO) to pay for the Master Data Management Program with $13 million from the Coronavirus Aid, Relief, and Economic Security (CARES) Act. But those funds were never spent, according to pandemic spending reports and documents obtained through public records requests.

OCIO recently transferred the $13 million earmarked for the data management project back to the agency that administers Iowa’s Coronavirus Relief Fund, spokesperson Cayanna Reinier told Bleeding Heartland on September 29. She added that OCIO is “in the process of restarting” the project and “looking forward to moving ahead” with it, now that the governor’s office has approved the use of American Rescue Plan funds.

It’s far from clear this program is an eligible expense under the latest federal relief package.

The Iowa Department of Public Health is hiring a temporary staffer to assist public information officer Sarah Ekstrand in processing open records requests. The job listing says the new hire will help review and update the agency’s system for tracking requests, communicate with members of the public about the status of requests, help refine search terms, provide cost estimates, and review documents to see if they can be withheld as confidential.

The application deadline for the position was September 16. The temporary hire will be paid between $26.61 and $40.50 an hour, for at most 780 hours of work in the current fiscal year. That works out to about 20 weeks of full-time efforts devoted to processing records requests between now and June 30, 2022.

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.

Republicans nominated Iowa Department of Management Director Michael Bousselot this weekend to be their candidate in the September 14 special election to represent Iowa House district 37. Bousselot received about 75 percent of the vote on the first ballot; one of his two rivals for the nomination withdrew his candidacy before convention delegates voted.

Bousselot did not respond to phone or email messages on August 13 asking whether he would take a leave of absence from his day job, assuming he won the GOP nomination for the special election. But he and Democratic candidate Andrea Phillips are clearly ready to devote substantial time and energy to the abbreviated campaign.

House district 37 was among the most expensive state legislative races in 2020; Democrats spent nearly $800,000 on behalf of Phillips, while Republicans spent about $575,000 defending State Representative John Landon, who passed away in late July.

The Iowa Ethics and Campaign Disclosure Board unanimously found that Governor Kim Reynolds did not violate a state ban on “self-promotion” last year when she appeared in advertisements promoting COVID-19 safety measures.

The board reviewed the “Step Up, Stop the Spread” online and television ad campaign, funded through federal COVID-19 relief dollars, after State Auditor Rob Sand asserted in a report that Reynolds violated a state law prohibiting “self-promotion with taxpayer funds.”

In an unusual move, Governor Kim Reynolds is allowing two state agency directors she appointed early this year to continue serving through next year’s legislative session, even though they lacked the votes to be confirmed by the Iowa Senate.

Reynolds withdrew the nominations of Department of Management Director Michael Bousselot and Department of Administrative Services Director Adam Steen shortly before state lawmakers adjourned for the year in May. Days later, she rejected the directors’ resignations, saying she would resubmit their names to the Senate in 2022, documents obtained through public records requests show.

The governor’s office has not publicly announced Reynolds’ decision to hold over Bousselot and Steen and did not respond to Bleeding Heartland’s inquiries.

The Department of Management handles state budget planning as well as disbursements from Iowa’s general fund and various other funds. The Department of Administrative Services handles human resources, payroll, and procurement of goods and services for state government.

Staff at the Iowa Veterans Home in Marshalltown, where a recent COVID-19 outbreak killed two fully vaccinated residents, are not subject to a new vaccine mandate issued by the U.S. Department of Veterans Affairs.

Veterans Affairs Secretary Denis McDonough announced on July 26 that coronavirus vaccinations are now required for “Title 38 VA health care personnel — including physicians, dentists, podiatrists, optometrists, registered nurses, physician assistants, expanded-function dental auxiliaries and chiropractors — who work in Veterans Health Administration facilities, visit VHA facilities or provide direct care to those VA serves.”

The Iowa Veterans Home is a state-run facility, but it receives some federal funding, is certified by the U.S. Centers for Medicare & Medicaid Services, and has residents who use VA health care. At least 900 employees work at the Marshalltown facility, which is Iowa’s largest nursing home. Families and guardians were informed in late June that 70 percent of staff had already been vaccinated for COVID-19. That would leave more than 250 unprotected by any coronavirus vaccine.

Staff in the governor’s office and Iowa Veterans Home declined to clarify why Governor Kim Reynolds fired the home’s Commandant Timon Oujiri in early May, and for months did not respond to public records requests related to Oujiri’s removal.

The mystery was revealed on July 29, when State Auditor Rob Sand released a special report showing Oujiri had received $105,412.85 in improper compensation since June 2019, including $90,027.20 of unauthorized gross wages.

As the more transmissible Delta variant causes COVID-19 cases to rise in all 50 states, the U.S. Centers for Disease Control changed its guidance for fully vaccinated individuals on July 27. The CDC now recommends that they “wear a mask indoors in public” in areas “of substantial or high transmission.” In addition, anyone living with unvaccinated or immunocompromised household members, or those at higher risk of severe disease, “might choose to wear a mask regardless of the level of transmission.”

Despite having no science background, Governor Kim Reynolds bashed the new guidance as “not grounded in reality or common sense.” Only a few hours earlier, she had absurdly suggested that immigrants entering Texas might be to blame for accelerating community spread of COVID-19.

About 14 percent more abortions were performed in Iowa during calendar year 2020 compared to the previous year, indicating that a sharp increase recorded in 2019 was not a one-off.

Iowa Department of Public Health data shows 4,058 pregnancy terminations occurred during 2020, up from 3,566 abortions performed in 2019. That number represented a 25 percent increase from the 2,849 abortions recorded in 2018.

Prior to 2019, abortions were on a steady downward trend in Iowa and nationally for at least a decade. The figure recorded for 2020 was the highest since 2013.

Governor Kim Reynolds approved plans last year to spend federal COVID-19 relief funds to upgrade the technology in her conference room, state records show.

The Office of Chief Information Officer (OCIO) paid vendor AVI Systems $67,543.48 in December for unspecified “IT Equipment and Software” and “IT Outside Services.” Published reports and searchable databases do not reveal that those purchases benefited the governor’s office. But documents Bleeding Heartland obtained through public records requests indicate that the spending covered new audio and video equipment installed in the Robert Ray Conference Room, which is part of the governor’s office suite.

Records also show the payments were supposed to come out of Iowa’s Coronavirus Relief Fund, a pot of federal money established under the March 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act.

OCIO may have tapped a different funding source later to cover the conference room upgrade, as happened with a $39,512 project to migrate the governor’s office computers from Google suite to Microsoft Office 365 last year. Entries on the state’s online checkbook, totaling $67,543.48 to AVI Systems on the same December dates, do not mention the Coronavirus Relief Fund.

The governor’s spokesperson Pat Garrett ignored six inquiries over a two-week period. OCIO’s public information officer Gloria Van Rees also did not respond to eight messages during the same time frame seeking to clarify what funding stream paid for the conference room upgrades, and whether the governor’s office reimbursed OCIO for the payments to AVI Systems, as happened following the Office 365 migration.

Carl Olsen is the founder of Iowans for Medical Marijuana. – promoted by Laura Belin

In February 2019, I asked the Iowa Medical Cannabidiol Board, which regulates our state’s medical cannabis program, if there was anything we could be doing about federal drug law, such as obtaining a federal exemption (21 C.F.R. § 1307.03) like the one that currently exists for another federal Schedule I controlled substance, peyote (21 C.F.R. § 1307.31).

In August 2019, at my request, the board recommended that the Iowa Department of Public Health (IDPH) obtain a federal exemption for cannabis. However, the department refused, saying none of the other 46 states that have enacted medical cannabis laws have requested federal exemptions, and that Iowans were not being injured by the federal criminalization of cannabis.

Keep in mind that patients had been testifying before the board about discrimination in schools and health care facilities because of the federal criminalization of cannabis. Iowa Attorney General Tom Miller signed a September 2019 bipartisan letter from attorneys general saying the current federal policy “poses a serious threat to public safety.”

Governor Kim Reynolds has been lucky at key points in her political career. Terry Branstad passed over more experienced contenders to select her as his 2010 running mate, allowing a little-known first-term state senator to become a statewide elected official. Six years later, Donald Trump won the presidency and named Branstad as an ambassador, setting Reynolds up to become governor without having to win a GOP primary first.

Most important, Reynolds has enjoyed a Republican trifecta her entire four years as governor. Not only has she been able to sign much of her wish list into law, she has not needed to worry that state lawmakers would closely scrutinize her administration’s work or handling of public funds.

During the legislative session that wrapped up last month, the GOP-controlled House and Senate rejected every attempt to make the governor’s spending decisions more transparent. They declined to hold even one hearing about questionable uses of federal COVID-19 relief funds or practices at state agencies that disadvantaged thousands of Iowans.

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

Paul Trombino III will be the next public works director of city of Greeley, Colorado, the city announced on May 28. He was hired following a national search, according to a news release enclosed in full below. The job was posted in February, so Trombino must have applied only weeks after becoming Iowa’s Homeland Security and Emergency Management director.

Governor Kim Reynolds’ office announced Trombino’s impending departure on May 20. The news surprised many observers, since the governor had worked closely with her chief operating officer for two years and awarded him a large bonus in February, ensuring he wouldn’t take a pay cut when transitioning to the Homeland Security position.

Trombino’s resignation from his Iowa government post becomes effective June 3. Reynolds hasn’t yet announced her choice to run the Homeland Security agency, which oversees disaster preparedness and relief operations and has administered tens of millions of dollars in federal COVID-19 relief funds.

Most of the CARES Act funding transferred to Homeland Security is tied to the state or local match for the Federal Emergency Management Agency’s Public Assistance Program. Reynolds also approved a $1 million transfer for “State Government COVID Staffing,” from which $448,449 was used to cover personnel costs in the governor’s office. The remaining $551,551 set aside for that purpose remains unspent, a state database shows. A Homeland Security communications staffer told me last year, “Although that funding was transferred to our department to process, we are not the decision makers on how it will be spent.”

The state of Iowa should be able to pay the remainder on its contract to acquire the Workday software system once Governor Kim Reynolds signs the final appropriations bill lawmakers approved before adjourning on May 19.

Senate File 615, the so-called “standings” bill, allocates $23.23 million from the state’s general fund to the Office of Chief Information Officer during the current fiscal year, which ends on June 30. That money is to be used for “implementation of a new state central personnel, accounting, and budget system.”

Kyla Claussen is one of some 16,000 Iowans on waiting lists for disability services. -promoted by Laura Belin

My name is Kyla Claussen and I’m from Avoca, Iowa. I have an unknown progressive neuromuscular disorder that has been slowly taking skills away from me over the past five years. By March 2020, I was unable to walk independently anymore or work. Last August, I went on Social Security Disability Insurance (SSDI) and then applied for the Physical Disability Waiver and the Health and Disability Waiver.

I’m now waiting for services in my home, along with 15,956 Iowans on the waiting list for one of the waivers for people with disabilities. Most likely, I will be waiting for one to three years.

One day before Iowa lawmakers adjourned for the year, the Iowa Senate amended a spending bill to allocate $4.5 million over two years to the Iowa Department of Homeland Security and Emergency Management for a sole source contract.

The funding to install a mobile panic button system in Iowa’s K-12 schools could only have been used by Rave Mobile Safety, which recently signed a contract with the Homeland Security department to replace Iowa’s emergency mass notification system.

The Iowa House altered the bill to leave the funding in place without an earmark for a specific product. But the last-minute effort raises questions about whether outgoing Homeland Security Director Paul Trombino III sought the funding to benefit a company represented by one of Iowa’s most influential lobbyists.