A new vision for Iowa agriculture and Iowans

John Norwood is a Polk County Soil and Water Commissioner.

These are my prepared remarks from the June 17 event announcing the Central Iowa Water Quality Infrastructure Project. I initiated a new bundled approach with the help of many others after attending an agricultural field day several years ago, where I wondered, how we could improve our effectiveness? Polk County, state, and federal government agencies are involved with the project; Iowa Secretary of Agriculture Mike Naig also spoke at Thursday’s kickoff.

The program is novel because Polk County is moving from single installations that used to require each landowner hiring a contractor, to batch installations of 50 and next year more than 100, using a general contractor bidding approach run by the county. The Soil and Water Conservation District actively targets sites using mapping technology and direct landowner outreach to secure participation, as opposed to waiting for landowners to come forward. The county, state, and municipal sources provided 100 percent cost share, and the installation is largely turnkey for the participants.

Secretary Naig, my fellow commissioners, partners, members of the media, distinguished guests, and ladies and gentlemen:

I appreciate the opportunity to join you all today to celebrate this innovative ground-breaking, systematic approach to getting things done. This strategy was born from a chance meeting with Charlie Schafer at a field day several years ago, me asking a lot of questions out of curiosity, followed by several coffee conversations, where together we began to reimagine a new way for delivering conservation infrastructure at scale. And then we widened the circle to include other key players in the conversation who built on the vision and drove it forward with the help of many others. Two of whom you will hear from in a few minutes.

First let me note that this type of locally led effort can be tailored whether we are delivering water quality infrastructure or soil health systems. If the strategies are scalable, turnkey, and targeted, the impact can be magnified many times. What we do in Polk County can be replicated in any of our other 98 counties, and as a “learning organization” that is how my District can support a larger effort. Stay tuned.  

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Waterloo's "ban the box" ordinance survives in part—for now

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

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Axne, Feenstra vote to repeal Iraq war authorization

Democratic Representative Cindy Axne (IA-03) and Republican Representative Randy Feenstra (IA-04) voted on June 17 to repeal the 2002 authorization for the use of military force against Iraq. House members approved the legislation by 268 votes to 161, with 49 Republicans joining all but one Democrat to support the repeal.

Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02) were among the 160 Republicans to vote no.

None of Iowa’s representatives released a statement about this vote or mentioned it on their social media feeds. Bleeding Heartland sought comment from staff for all four members on the morning of June 18, but none replied. I will update this post as needed if anyone explains their reasons for voting yes or no on this effort to “rein in presidential war-making powers for the first time in a generation.” Jennifer Steinhauer reported for the New York Times,

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Iowa's delegation supported Juneteenth holiday

Juneteenth National Independence Day is now a federal holiday, under legislation President Joe Biden signed today. The bill commemorating the end of slavery in Texas on June 19, 1865 moved through Congress at unusual speed so it could take effect in time for this weekend. Most federal government workers will have Friday the 18th off, since the new holiday falls on a Saturday.

The U.S. Senate approved the bill through unanimous consent on June 15. Iowa’s junior Senator Joni Ernst was one of the 60 co-sponsors (including eighteen Republicans) in the upper chamber. Senator Chuck Grassley didn’t co-sponsor the bill, but at least he didn’t object to its passage. He is one of only two currently serving senators who voted against establishing a holiday to honor the Reverend Dr. Martin Luther King, Jr. in 1983. (The other is Richard Shelby of Alabama.)

U.S. House members approved the Juneteenth bill on June 16 by 415 votes to 14 (roll call). All four representatives from Iowa voted yes, which probably would not have been the case if Steve King had fended off Randy Feenstra’s primary challenge last year.

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Critical Alamo Theories

Dan Piller: Iowa Republicans may learn the same lesson that Texas has reluctantly absorbed: history is not easily contained by the dry wording of a law.

Governor Kim Reynolds happily signed a law that her fellow Republicans approved in the Iowa House and Senate, banning the use of “specific defined concepts” on race or sex for local governments, schools, and public universities.  

The law is principally aimed at racial diversity sensitivity training, but the governor fired a warning broadside to Iowa’s school teachers when she declared in a written statement that the bill bans “Critical Race Theory,” even though those words are nowhere in the bill. Speaking recently to the Carroll Times Herald, Reynolds added that schools would be able to teach about destruction of Native American life in Iowa, “As long as it is balanced and we are giving both sides […].”

What “Critical Race Theory” and “both sides” really mean, at least in K-12 education, probably will have to be hashed out before judges, perhaps with the same entertainment value achieved almost a century ago with the famous Scopes Trial in Tennessee. But Reynolds’ message to Iowa teachers was unmistakable: tread very, very carefully when talking to students about race.

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Iowa wildflower Wednesday: Honewort (Canadian honewort)

Today’s featured wildflowers are the opposite of “showy.” If you’ve spent any time in the woods or near woodland edges, you’ve probably walked by these plants without noticing.

Honewort (Cryptotaenia canadensis), sometimes known as Canadian honewort, is native to most of the U.S. and Canada east of the Rocky Mountains. Like bedstraw, wild chervil, enchanter’s nightshade, and Virginia stickseed, honewort plants have tiny white flowers and thrive in shady wooded habitats.

Deer don’t care for honewort plants, but according to the website of the Lady Bird Johnson Wildflower Center at the University of Texas, “Its young leaves and stems may be used as a seasoning like parsley or as a boiled green; the roots may be cooked and eaten like parsnips.” However, “Caution is advised because many similar species of the carrot family are deadly poisonous.” I have never attempted to eat any part of honewort plants. I’ll leave them for the many kinds of insects that are attracted to the flowers or feed on the foliage.

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When public health gets political

Richard Lindgren: The “commonweal” of public health has taken a back seat to political resentment and anti-science myths propagated by social media. -promoted by Laura Belin

Despite a strong start at vaccinating its populace against COVID-19, my former home state of Iowa has begun to slip in the national rankings in its percentage of vaccinated residents. In Texas, some hospital workers have taken their management to court to fight suspensions for refusing the vaccine, despite experiencing over 52,000 deaths of Texans from COVID in those same hospitals.

What is going on here? Sometimes a simple scatter-graph tells a great story:

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IA-01: How Liz Mathis might match up against Ashley Hinson

Democratic State Senator Liz Mathis told Iowa news outlets on June 14 that she is “seriously considering” running for Congress next year and will announce her plans in late July.

Mathis won her first race in a 2011 special election for Iowa Senate district 34, covering much of the Cedar Rapids suburbs. She has since been re-elected three times. Republicans did not invest in Senate district 34 in 2012, made an unsuccessful play there in 2016, and opted not to field a candidate against Mathis in 2020.

My Democratic contacts in Linn County expect Mathis to run in the first Congressional district. I am inclined to agree. If she weren’t leaning toward running, she would probably not disclose her plans until after Iowa adopts new maps, which is unlikely to happen before September.

Mathis retired last month from Four Oaks, which provides services to children in the Cedar Rapids area. So she could devote full-time efforts to a Congressional campaign whenever the state legislature is not in session. Since her Iowa Senate term runs through 2024, she doesn’t need to give up her current office to compete for IA-01.

My Republican contacts expect U.S. Representative Ashley Hinson to run for U.S. Senate if Chuck Grassley retires. For the purposes of this post, I’m assuming Grassley will seek an eighth term, and Hinson will seek re-election in IA-01.

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They only have to win once

Jim Chrisinger sounds the alarm about the Republican Party’s efforts in at least fourteen states to rig elections in their favor. -promoted by Laura Belin

The thing is, we who believe in democracy have to win every election. The Trumpers, who don’t believe in democracy, only have to win once. Here’s why.    

Take Georgia for example, a red state trending purple. Democracy held in 2020 because of people like Secretary of State Brad Raffensperger, his staff, and local election officials across the state, most of whom are Republican. They did the right thing.  

But now, juiced by Trump’s Big Lie, the wheels are in motion for a new reality. The Georgia GOP passed a new round of voter suppression against minorities and other Democratic-leaning groups. They are preparing to gerrymander for 2022 and the coming decade. They recently enacted authority for the legislature’s appointees to overturn local election results. Raffensperger, the state’s chief election official, and other officials who faithfully fulfilled their duties in 2020, are being challenged in 2022 by Trumpers who believe the Big Lie.  

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One more glass ceiling broken at the Iowa capitol

Iowa House Democrats elected State Representative Jennifer Konfrst as the new minority leader on June 14. She is the first woman to lead the House Democratic caucus, which now has 21 women and 20 men. (That’s down from the record number of 24 Democratic women among the 47 Iowa House Democrats who served in 2019.)

Konfrst had served as House minority whip since late last year and appeared to be the only contender to succeed Todd Prichard, who announced early this month that he would soon step down as caucus leader.

Women have now held the top positions in each party’s caucus in each Iowa legislative chamber. Mary Lundby became the top Iowa Senate Republican in 2006 and served as co-majority leader in the chamber, evenly split 25-25 at the time. She also served as Senate minority leader in 2007.

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Refunding Des Moines

Brandi Webber is a local artist, volunteer, mother, and candidate for Des Moines City Council in Ward 3. -promoted by Laura Belin 

A community’s priorities can be made visible by looking at the breakdown of the city budget. Looking at Des Moines’ city budget, you see that our largest single priority, at roughly 39 percent of spending, is policing.

With such a large portion of our budget devoted to policing, examining the effectiveness of police and their role in our community should be non-controversial. When we talk about “defunding the police,” many will conjure an image of a city in disarray as the pillars of society crumble to the ground. The reality is, our society relies too heavily on a policing system.

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Iowa Republicans have abandoned executive branch oversight

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.

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Iowa Republicans opposed bill on pay equity for women

Every U.S. Senate Republican, including Iowa’s Senators Joni Ernst and Chuck Grassley, blocked debate last week on a bill designed “to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.”

Like most Senate actions, a motion to proceed with debate on a bill requires at least 60 votes to pass. The 49 to 50 party-line vote on June 8 was Republicans’ second formal use of a filibuster this year. The first blocked a bill authorizing a bipartisan investigation of the January 6 attack on the Capitol.

The Paycheck Fairness Act “has been on the Democratic wish list since 1997,” Jonathan Weisman reported for the New York Times. When Democrats controlled the U.S. House, they approved similar legislation in 2008, 2009, and 2019.

For nearly 60 years, federal law has banned employers from paying men and women differently for “substantially equal jobs.” But the Equal Pay Act of 1963 has failed to adequately address gender-based wage discrimination. A 2019 study found “Women’s median earnings are lower than men’s in nearly all occupations.”

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Next up: Democracy Defenders of America

Julie Stauch is a longtime Democratic campaign staffer and candidate consultant. Democracy Defenders of America is a nonpartisan, nonprofit organization. -promoted by Laura Belin

The Annenberg Institute timed the publication of their 2020 Civics Knowledge survey to coincide with Constitution Day on September 17. Only 51 percent of respondents could name the three branches of government. It’s appalling news, because knowing that there are three branches of government is like knowing a building has four walls and a roof. It’s all much more than that basic knowledge.

I’ve had more years than I want to admit to working in the governmental, business, and political arenas. No matter where I worked or volunteered, there have always been people who don’t know how our various governments work. Time and again I’ve explained things ranging from how a given state’s city council system operates to why states have different constitutions to “No, ma’am, the Attorney General can’t represent your son in his divorce. The Attorney General represents the state, not individuals.” But it is much worse today.

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Former DHS director files wrongful termination lawsuit

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

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Revised lawsuit challenges Iowa's newest voter suppression law

Plaintiffs challenging Iowa’s manifold new restrictions on voting amended their complaint on June 9 to incorporate provisions in a law Governor Kim Reynolds signed the previous day.

The League of United Latin American Citizens of Iowa (LULAC) filed suit in Polk County District Court in March, charging that Senate File 413 violated Iowa constitutional provisions on the right to vote, free speech, free assembly, and equal protection. Their revised petition asks the court to invalidate two sections of Senate File 568 as well as thirteen sections of the law enacted earlier this year.

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GOP auditor will manage Scott County elections through 2022

Scott County’s newly-appointed Republican Auditor Kerri Tompkins will serve through 2022 after county Democrats failed to force a special election for the office.

Scott County Democrats leader Elesha Gayman announced on June 8 that activists collected 6,211 signatures during the previous two weeks, about 3,000 short of the threshold for calling a special election to fill a vacancy at the county level. Unusually high turnout in 2020 raised the bar for collecting signatures equaling at least 10 percent of those who cast ballots in the previous presidential election. Adding to the organizing burden, a law Republicans enacted earlier this year shortened the time frame for such petition drives to only fourteen days.

Gayman said Democrats will not “lay down” in light of what she described as “voter suppression.” The next focus for volunteers in Iowa’s third-largest county will be contacting some 10,000 voters whose registrations were recently moved to inactive status, under the same law Governor Kim Reynolds signed in March.

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