To “avoid any questions about a potential conflict,” Iowa Attorney General Tom Miller will request that outside legal counsel defend the state against a public employee union’s legal challenge to Iowa’s new collective bargaining law. AFSCME, the largest labor union representing state workers, and four of its members filed suit on February 20, charging that House File 291 violates Iowa constitutional provisions on equal protection and non-interference in contracts. In a statement I enclose in full below, Miller said he will ask the Iowa Executive Council to approve other counsel for this case, because “the new collective bargaining law has the potential to existentially threaten the viability of public sector unions,” which have supported him in past campaigns.

The council is likely to approve Miller’s request. Its five members are Governor Terry Branstad, Secretary of State Paul Pate, State Treasurer Mike Fitzgerald, Secretary of Agriculture Bill Northey, and State Auditor Mary Mosiman. Branstad’s spokesperson Ben Hammes told Barbara Rodriguez of the Associated Press, “[Miller] summed it up when he said that AFSCME had supported him in the past and he wants to avoid any questions about a potential conflict.”

The Attorney General’s Office defended the Branstad administration against a lawsuit challenging the closure of the Iowa Juvenile Home, for which AFSCME Iowa Council 61 President Danny Homan was a plaintiff. But outside counsel defended the state when Democratic lawmakers and Homan challenged the governor’s use of line-item vetoes to close Iowa Workforce Development offices.

Miller may need to ask outside counsel to be appointed if other labor unions and public employees file additional lawsuits challenging the collective bargaining law. Aside from the points raised by AFSCME, several other provisions may raise constitutional questions:

• The law bans automatic payroll deductions for labor union dues, while allowing such deductions to continue for professional association memberships or recurring charitable contributions.

• The law may violate free association rights by requiring unions to win a majority of all eligible voters, not just those who cast ballots, in order to stay certified.

• The law eliminates a quid pro quo contained in the first paragraph of Chapter 20, which could be seen as a due process violation.

Despite the huge swing toward Donald Trump and down-ballot Republicans in northeast Iowa last year, Democrats are gearing up for a major challenge to GOP Representative Rod Blum in Iowa’s first Congressional district. Many Iowans considered Blum’s 2014 victory a fluke of a GOP wave year, but he outperformed Trump by about 5 points while winning re-election in 2016.

Now IA-01 is in the top tier of pickup opportunities for the Democratic Congressional Campaign Committee. Former Bernie Sanders campaign staffer Blair Lawton is already on the ground organizing for the Iowa Democratic Party in the district.

A competitive Democratic primary here is a near-certainty. After the jump, I’ve posted background on five possible candidates, in alphabetical order. I’d welcome tips on others who may be considering this race.

The 20 counties in IA-01 contain 164,485 active registered Democrats, 144,687 Republicans, and 189,606 no-party voters, according to the latest figures from the Iowa Secretary of State’s office. The largest-population counties are Linn (the Cedar Rapids metro area), Black Hawk (Waterloo/Cedar Falls metro), and Dubuque, a traditional Democratic stronghold that is also Blum’s home base.

Lauren Whitehead explains Indivisible Iowa‘s unique approach to acting on the wise words, “Don’t mourn, organize.” -promoted by desmoinesdem

Did you know that there is a network of Indivisible chapters covering all 50 state Senate districts in Iowa? Here’s how it came about.

Like most readers of this blog, I was invited to join around a thousand progressive resistance startup groups during the weeks following 45’s election. My Facebook feed became an overwhelming and relentless stream of calls to action, warnings, memes, speeches, and existential angst as we all processed what had changed on November 8. Post-election, aside from the emotional fallout of such a horrible outcome, I was exhausted from 2 years of organizing for the election. I thought I might not be able to do it again. I thought that perhaps it was all pointless.

But unsurprisingly, I just can’t quit political activism, and over time I started to sort through the groups I had joined to find the diamonds in the rough–the groups that I felt had the most potential for focused and efficient accomplishment. Ten years into my amateur activist life, I was not in the mood for a group that couldn’t get it’s shit together, even though I felt the value in the organic gathering all around me. I wanted to be a part of group that offered something unique, and not a replication of the info every other group was sharing, one that was taking that frenetic energy we were all feeling and channeled it into a structure with goals.

AFSCME Iowa Council 61 and four of its members filed suit today in Polk County District Court, saying the collective bargaining law Governor Terry Branstad signed on Friday is unconstitutional. I enclose below the petition filed on behalf of Iowa’s largest union representing state employees, as well as the plaintiffs’ request for expedited hearing. The filing repeatedly refers to “the amendments” because House File 291 amended Chapter 20 of the Iowa Code, which has regulated collective bargaining since 1974.

The new law’s disparate treatment of “public safety workers” and other public employees is the central issue raised in AFSCME’s lawsuit. Plaintiffs argue that Article I, section 6 of the Iowa Constitution requires that “all laws of a general nature shall have a uniform operation” and that the legislature “shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.” All four individual plaintiffs fail to qualify as “public safety workers,” and therefore have lost almost all meaningful collective bargaining rights, even though some of their occupations are as dangerous or more so, compared to some of the “public safety” jobs. Johnathon Good is a corrections officer, Ryan De Vries is a police officer III, Terra Kinney is a motor vehicle enforcement officer, and Susan Baker is a drafter for the University of Northern Iowa. Excerpt from page 7 of the petition:

The arbitrary definition of “Public Safety Employee,” the arbitrary classification of public employees as “Public Safety Employees” or other public employees and the arbitrary classification of bargaining units into those whose members are at least thirty percent “Public Safety Employees” and those whose members are not which are included in the Amendments deprive Officer Good, Officer De Vries, and Ms. Baker of the constitutional guaranty of equality of all before the law that is set forth in Art. I, § 6 of the Iowa Constitution.

The petition also argues that “transition procedures” altering and terminating bargaining procedures and schedules established in the union contracts violate Article I, section 21 of the Iowa Constitution, which prohibits passing a “law impairing the obligation of contracts.”

Before the text of House File 291 became public, Republican lawmakers were rumored to be at odds over whether to exempt “public safety workers” from most of the new restrictions on collective bargaining. Supposedly Iowa House Republicans opposed that division, while key GOP senators wanted to copy the political strategy used in Wisconsin six years ago. The collective bargaining bill Iowa House Republicans approved in 2011 did not treat law enforcement officers or firefighters differently from other public employees.

Sources in Iowa’s labor community expect other lawsuits challenging the collective bargaining law to be filed later this year. The two main union-busting provisions are seen as particularly ripe for challenge: onerous election requirements for unions to stay certified, and a ban on automatic payroll deductions for union members, even though employees will still be able to automatically deduct membership fees in other professional associations and recurring charitable donations. Neither provision was part of the 2011 Iowa House collective bargaining bill.

Iowa State University’s Office of Internal Audit has completed its review of “the storage and transportation of weapons to ensure current practices are in compliance with ISU’s Firearms and Other Weapons policy.”

ISU officials requested the audit after Bleeding Heartland reported in November that President Steven Leath and some companions on his hunting trips neither requested nor received written authorization to transport weapons on university aircraft, as required by ISU policy.

In their brief report on what appears to be an open-and-shut case of the president not following the rules, internal auditors managed to create a lot of wiggle room. ISU staff have not responded to my follow-up questions or provided documents that could address inconsistencies in the new official narrative.

When Ron Corbett announced in December that he will not seek a third term as Cedar Rapids mayor and will consider running for governor, he promised a “big surprise” at the end of his final “state of the city” address on February 22.

Corbett has long been positioning himself to run for governor. Since creating the conservative think tank Engage Iowa in late 2015, he has given dozens of speeches around the state, most often to Rotary clubs or members of local Iowa Farm Bureau chapters and Chambers of Commerce.

After Governor Terry Branstad confirmed plans to resign in order to become U.S. ambassador to China, many Iowa politics watchers speculated that Corbett would decide against seeking higher office next year. Instead of competing for the GOP nomination in an open primary, he would have to run against a well-funded sitting governor, Kim Reynolds.

To those who don’t share my view that Corbett will take on the challenge of running against a Republican incumbent, I ask: why is Engage Iowa spending money to promote Corbett’s name and catchy conservative slogans online?

Pro-gun advocates spent a lot of money to help Republicans gain control of the Iowa Senate in last year’s elections. The GOP majority will likely move several of the gun lobby’s legislative priorities soon, including so-called “Stand Your Ground,” an amendment to Iowa’s constitution establishing the right to keep and bear arms, and relaxed rules on concealed carry permits and youth firing of handguns.

If they are smart, Republicans who venerate the Second Amendment will steer clear of State Senator Jake Chapman’s new bill, which would trample on the First Amendment and prevent potentially life-saving conversations.

Johnson County Supervisor Kurt Friese’s latest reflection resonated with me, since all four of my grandparents were born outside the U.S. -promoted by desmoinesdem

My grandmother Marie was an immigrant. She arrived at Ellis Island with her mother Dorthea and siblings on August 21st, 1906, aboard the SS Bremen. Then, as now, many Americans decried the influx of foreigners on our shores even while they celebrated the liberties embodied by the Statue of Liberty, who lifted her lamp beside the Golden Door for my grandmother and countless others, and who herself was a gift from a foreign land.

The series continues. Click here for earlier installments. -promoted by desmoinesdem

This week I will review our ninth-smallest county in terms of population, Fremont County. The 2010 census found 7,441 people living in the entire 517 square miles of the county, the 34th largest in Iowa. To put this in perspective, Fremont County is roughly equal in population to the city of Knoxville (Marion County).

Fremont County is southwest of Des Moines; it is located the extreme southwest corner of Iowa. According to Google Maps, the county seat of Fremont County, Fremont, is 166 road miles from the Iowa State Capitol building in Des Moines.

Fremont County was founded in 1847 when it was formed from Pottawattamie County. The county was named after the John C. Fremont, the early American Explorer.

The highest population in Fremont County (18,546) was in the 1900 census. The county has lost population in every census since that time, and in 2010 had roughly half the population that it had in 1940.

Republicans in the Iowa House and Senate voted today to dramatically reduce collective bargaining rights for some 180,000 public employees, following approximately 27 hours of debate in the Iowa Senate and fourteen and a half hours of debate in the Iowa House. GOP leaders moved House File 291 and Senate File 213 simultaneously through both chambers in order to speed up the process.

Democrats had offered dozens of amendments to the bills, which were published for the first time on February 7. Instead of allowing full discussion of every amendment, GOP leaders moved to cut off debate at a “time certain” today. That maneuver had never been used in the Iowa Senate and has been invoked only rarely in the Iowa House–including to end debate on the collective bargaining bill Republicans passed in March 2011. Debate ended in the Iowa House at noon, after which the majority quickly voted down all the remaining amendments with no discussion. Six Republicans joined all 41 Democrats to vote against the bill on final passage. Two of them, Tom Moore and Dave Heaton, are former teachers. Clel Baudler is a retired state trooper. Andy McKean and Shannon Lundgren were just elected from eastern Iowa swing districts, where registered Democrats outnumber Republicans. McKean is also very familiar with Chapter 20 as a former county supervisor and longtime state lawmaker. I don’t know why Mary Ann Hanusa opposed the bill. UPDATE: Hanusa did not respond to my request for comment, but I learned from another source that she is also a former teacher who works in education administration.

Senators debated all night long Wednesday into Thursday morning, with Republicans voting down every Democratic amendment. Independent State Senator David Johnson voted with Democrats on all the amendments and joined them in giving several passionate speeches. Few Republicans in either chamber chose to speak in favor of the bills, aside from Senate Labor Committee Chair Jason Schultz, House Labor Committee Chair Dave Deyoe, and State Representative Steven Holt, who floor-managed the bill and distinguished himself as the legislature’s least convincing liar. The Des Moines Register’s William Petroski summarized some of the important Democratic amendments. I didn’t stay up to watch the whole debate, so would welcome examples of some of the most absurd Republican comments, like State Senator Mark Chelgren accusing Democrats of “stalling” while his party had shown an “incredible amount of patience.” Nothing says “patient” like making sweeping changes to a 43-year-old law, affecting 180,000 Iowans, after only nine days in the legislature.

Senate leaders ended debate at 2 pm Thursday, after which Republicans voted down the remaining Democratic amendments, then substituted the text of the House bill for the Senate bill, to get the legislation to Governor Terry Branstad more quickly. Branstad’s chief of staff, Michael Bousselot, spent the final hours of debate in the Senate chamber. House File 291 eventually passed on a 29-21 Senate vote.

Iowa’s largest public-sector union, AFSCME Iowa Council 61, plans to file a lawsuit claiming the new law is unconstitutional, presumably because of the way it grants more bargaining rights to “public safety” workers than to others, many of whom do dangerous jobs. Video from a February 16 press conference by labor leaders is available here.

I enclose below statements about the bill by legislative leaders from both parties, as well as documents prepared by Iowa House Democratic and Republican staff, which discuss in more detail how House File 291 will affect collective bargaining rights for different types of public employees. Regarding substantive impacts, I also recommend the recent guest posts here by state employee Ruth Thompson, University of Northern Iowa Professor Chris Martin, and attorney James Larew, who predicted that today’s action “will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.”

GOP spin notwithstanding, collective bargaining “reform” in Iowa was designed primarily with political goals in mind, like similar measures in other states. Republicans know that crippling public sector unions will make it harder for Democrats to win elections.

Although Republicans repeatedly claimed during the House and Senate debates that their bill would help local governments, Chapter 20 has worked so well that more than 140 school districts rushed to sign new contracts with the teachers union before the legislature acted. Boards of supervisors in several large counties passed resolutions condemning the proposal. Linn County Supervisor Brent Oleson’s case against the bill is convincing.

Attorney James Larew assesses the Republican assault on collective bargaining rights in Iowa, a moment driven by “eager political cruelty.” -promoted by desmoinesdem

Governor Terry E. Branstad’s gutting of Iowa Code Chapter 20, upon his signing of Senate File 213, will be remembered as the most destructive blow to our ability to govern ourselves fairly and efficiently in nearly half a century.

His unprovoked legislative assault will be recalled for its radical and disruptive contrast to the foresight of Branstad’s venerated Republican predecessor, Governor Robert D. Ray.

While most Iowa politics junkies were absorbed by lengthy collective bargaining debates in the state House and Senate, Republican lawmakers introduced identical “personhood” bills in both chambers on February 14.

Notably, leaders of the House and Senate are not among the co-sponsors of the bills declaring “that life is valued and protected from the moment of conception, and each life, from that moment, is accorded the same rights and protections guaranteed to all persons by the Constitution of the United States, the Constitution of the State of Iowa, and the laws of this state.”

Less than three months after Donald Trump carried Iowa by a convincing margin (wider than his victory in Texas), only 42 percent of Iowa adults approve of the new president’s job performance. The latest Iowa survey by Selzer & Co for the Des Moines Register and Mediacom found that 49 percent of Iowans disapprove of Trump’s performance. Trump was also underwater among self-identified independents: 39 percent approval and 50 percent disapproval. Jason Noble reported for the Register,

It’s unprecedented in the history of the Iowa Poll to see a president begin his first term with such low approval ratings. Since The Des Moines Register began asking about presidential job approval in February 1964, no president in the early weeks of his first term has ever before seen more Iowans disapproving than approving. […]

Beyond his wide support [82 percent] among Republicans, Trump enjoys strong approval ratings from rural voters (64 percent), evangelical Christians (60 percent), residents of Iowa’s 4th Congressional District (55 percent), Iowans ages 35-54 (51 percent) and men (50 percent).

Vice President Mike Pence, meanwhile, is viewed positively by a plurality of Iowans. Forty-eight percent approve of the job he’s doing compared to 38 percent who disapprove.

This poll’s margin of error is plus or minus 3.5 percent, strongly indicating Trump is below 50 percent approval in Iowa. The survey doesn’t prove the president has lost support among the Iowans who voted for him last fall, because some of the 802 respondents may not be registered, or may not be active voters. Still, Selzer has a solid track record; her firm’s final survey before the November election showed Trump expanding his lead and came closer to predicting the final margin than most other late Iowa polls. Given the many scandals Trump is already facing, due to his security lapses and manifold business conflicts of interests, not to mention keeping his national security adviser on board for weeks after Flynn lied about an inappropriate conversation with the Russian ambassador, I don’t see the president gaining popularity in Iowa anytime soon.

On Tuesday the Iowa House and Senate took up companion bills seeking to destroy every significant aspect of collective bargaining for more than 100,000 public employees. Although police officers and firefighters would be exempt from some provisions of House File 291 and Senate File 213, they too would lose important workplace protections.

As Linn County Supervisor Brent Oleson explained in his written comments to Iowa lawmakers, the collective bargaining system that has been in place since 1974 works well. Local governments don’t need the legislature to be “big brother to us by dictating our collective bargaining rules.” Oleson characterized the Republican bill as a “solution in search of a problem,” driven by “pure and raw partisan politics”: “This bill takes a sledgehammer to the pesky fly that has been labor leaders you dislike. And that’s what this really is…payback! Political payback.”

Here’s what Republicans stand to gain by smashing that fly.

An essay inspired by a “legendary” moment for free speech activism. -promoted by desmoinesdem

There sure is a lot of talk lately about that venerable old document we call the “Constitution.”  There’s a lot of disagreement over how it is to be interpreted, and the intentions of the original Framers regarding language, but one thing everyone seems to agree on:  No one is getting it right…except for ourselves, of course, whenever we want to use it to enforce our views.

Our Constitution is the supreme law of the United States and defines the rules and separation of powers by which the three branches of federal government will operate.  It is the charter that outlines how our government is to work.

Within the Constitution is Article 5 which defines the Amendment Clause; the process by which the Constitution can be changed.  The first 10 Amendments are known as the Bill of Rights, however, 17 more have been added since.  This was created because the Framers, collectively visionary, knew that the world and their young country would change.

Iowa Republican lawmakers have been trying to eliminate state funding for Planned Parenthood’s non-abortion services for years. Since they acquired the power to make their vision a reality, the issue has attracted much more public attention and news coverage. At the statehouse and in media availabilities, Republicans have repeated talking points about “access” and not wanting to “subsidize” abortion providers.

The latest Iowa poll by Selzer & Co for the Des Moines Register indicates they aren’t convincing anyone.

Linn County Board of Supervisors Chair Brent Oleson submitted this written statement in lieu of a speaking slot at this evening’s Iowa Legislature Public Hearing on Collective Bargaining Changes. -promoted by desmoinesdem

I graduated Burlington High School in 1989. I said then and I say now, that Mr. David Wendt was the best teacher I ever had. He had a huge impact on my life. He just retired last year from Keokuk High School with more than 35 years of service, with a pension he earned and the satisfaction of having educated and positively impacted the lives of tens of thousands young Iowans. The most important concept he taught me was to truly critically think….to critically think, an invaluable skill.

Mr. Wendt was my speech and debate coach. I blame him for driving the two hours here to speak for 3 minutes. Mr. Wendt always said, if you don’t stand up and say something well-informed, intelligent and persuasive, then the status quo, good or bad…or very bad, will win the day.

I’m not here as some political stooge for the unions and I’m not here as some stooge for the now in-vogue anti-union groups. As an elected official in Iowa’s second largest county and city, I have been on the management side of negotiating contracts for the taxpayers. I wasn’t able to secure an endorsement from AFSCME this last election, presumably because I took my high school teacher seriously when he encouraged us to truly develop our abilities to critically think. As a negotiator for management of Linn County, I operate in the realm of negotiating in good faith for a win-win outcome for the taxpayers and those providing the services that the taxpayers demand and prioritize. In my 8 years we have never once went to arbitration. Not once. We have never once given away the store either. Quite the contrary.

A UNI faculty member explodes three “alternative facts” supporting the Republican case for shredding collective bargaining rights. -promoted by desmoinesdem

Let me introduce myself. I’m Chris Martin, a professor at the University of Northern Iowa. Please let me disabuse you of the notion that I worked just a couple hours today and spent the rest of the time sipping chardonnay. I’m like most Iowans. I work a lot (faculty members at my university average 52-54 hours a week), I have a family I love, I pay taxes, I vote, and I volunteer for my community.

I don’t like to toot my own horn, but I’m very good at my job. I’ve taught at UNI for 20 years, and I’m nationally known in the field of journalism and mass communication. I am a Fulbright Scholar and a recipient of the State of Iowa’s Board of Regents Award for Faculty Excellence – the state’s highest honor for university professors – and several other awards. I’m a public employee and member of the faculty union.

Because I’m a journalism professor, I can’t help but provide some needed fact-checking on several issues concerning Iowa’s collective bargaining law and the bills that seek to undermine it. I’ll speak to the collective bargaining tradition at the University of Northern Iowa, where the faculty have bargained peacefully and fairly with the Board of Regents for 40 years.

Four weekends in a row, Iowans have turned out in large numbers to challenge Republican lawmakers about cuts to higher education and other state services, a historically small funding increase for K-12 schools, a bill to discontinue funding for Planned Parenthood’s non-abortion services, and most recently, plans to sweep away every meaningful aspect of public employees’ collective bargaining rights.

The two people with the most influence over events in the Iowa House won’t be found in any images of packed legislative forums carried by local news outlets or shared on hundreds of social media feeds.

That’s because House Speaker Linda Upmeyer and House Majority Leader Chris Hagenow haven’t scheduled any meetings open to the public since the 2017 session began.

Privatizing Medicaid is one of the most harmful things Terry Branstad has ever done to Iowans. -promoted by desmoinesdem

I have only been in this job a few weeks, but this is the first time I have come home simply seething with anger. The five of us on the Johnson County Board of Supervisors had to tell roughly 5/6 of the Mental Health and Disability caseworkers that they were going to lose their jobs, leaving 500+ of #JoCo’s most vulnerable twisting in the wind, and there’s not a damn thing we can do to stop it.

Worth noting: We didn’t start it either.