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

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.

U.S. Senators Joni Ernst and Chuck Grassley were part of bipartisan majorities that confirmed President Joe Biden’s first three judicial nominees this week. But the senators are likely to oppose Biden’s picks for judgeships higher than the District Court level.

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.

Approximately 702,800 Iowans were enrolled in some version of the Medicaid program last month, up by roughly 100,000 since the COVID-19 pandemic began in March 2020, according to analysis by Charles Gaba at the ACA Signups website.

The biggest increase was in the Iowa Health and Wellness Plan, the state’s version of Medicaid expansion under the Affordable Care Act. Gaba’s analysis indicates that some 225,300 Iowans were participating in that plan as of May 2021, up from about 177,200 people fourteen months earlier.

Enrollment in traditional Medicaid increased by a smaller rate from about 425,000 in March 2020 to some 477,500 last month. The federal government recently released statistics on state level Medicaid enrollments from July 2019 through December 2020. Gaba’s estimates for 2021 are based on monthly reports published by the Iowa Department of Human Services, adjusted to compensate for how closely the state’s numbers tracked with the federal figures for 2020.

Gaba commented on his website,

Marion County Naturalist Marla Mertz presents an unusual plant native to most of the U.S. east of the Rocky Mountains. You can view Marla’s past contributions to Bleeding Heartland’s wildflowers series here. -promoted by Laura Belin

There be dragons out in our Iowa woodlands! Many of us who like to walk the woodland trails and explore are probably familiar with Jack-in-the-pulpits. Jack has a lesser-known cousin. The Green Dragon (Arisaema dracontium) appears to be a tropical, exotic plant with its bloom hidden with surrounding foliage. This fragile plant has been known to be quite rare, but I feel that is changing within our landscape.

The first part of the scientific name comes from the Greek words aris, a kind of arum, and haema, meaning “blood”. Dracontium is from the Latin meaning “of the dragons,” probably because of the deeply divided leaves.  

Green dragon is a native perennial herb and can be found throughout Iowa, except in the northwest. The plants grow in fertile, slightly acidic, and moist soil within shady woodland areas that are protected from livestock.

The photos enclosed below were taken at Cordova Park, on the north side of Lake Red Rock in Marion County along the Karr Trail.

Jim Chrisinger: The bottom line from a new law’s whitewash of history appears to be protecting the feelings of white people, particularly white men. -promoted by Laura Belin

Add Iowa to the growing list of GOP-dominated states trying to prevent an honest historical reckoning on race and sex. While attention has focused on race, sex gets equal billing in House File 802, which Governor Kim Reynolds signed into law on June 8.  

A BAN ON “SCAPEGOATING” AND “STEREOTYPING”

Along with definitions, the law adds three new sections to Iowa code: one for state and local governments, one for public universities, and one for school districts.  

Training in state and local governments and school districts cannot teach or advocate “race or sex scapegoating” or “race or sex stereotyping.”  

The Iowa Ethics and Campaign Disclosure Board may discuss whether to regulate campaigns pre-selecting recurring donation options, according to executive director Mike Marshall.

In May, the Federal Election Commission unanimously recommended that Congress ban the practice, which Donald Trump’s campaign used to raise enormous sums in 2020. Many of Trump’s supporters did not realize they were committing to recurring gifts and later asked for refunds or filed fraud complaints.

At least three Iowa Republican office-holders–Governor Kim Reynolds and U.S. Representatives Ashley Hinson and Mariannette Miller-Meeks–adopted the tactic this year. Some of their fundraising pages on the WinRed platform have two boxes pre-selected: one for a recurring monthly donation, and one for an additional contribution on a specific date in the near future.

During the closing days of the Iowa legislature’s 2021 session, Republicans accomplished one task that eluded them in 2020: getting a constitutional amendment on abortion halfway toward appearing on a statewide ballot. I expected the House and Senate to approve the measure quickly, emboldened by a larger majority in the lower chamber, where the proposal stalled last year.

Instead, Republicans spent months haggling over how the amendment would be phrased, hoping to make this effort more palatable to Iowans who currently oppose it.

A deep dive into the experiences of down-ballot candidates provides much food for thought for Iowa Democrats hoping to improve on last year’s dismal performance.

The authors of “Playing to Win,” released last month, are three activists with professional backgrounds in marketing. Dave Miglin was a candidate for the board of trustees for Polk County’s public hospital, Broadlawns. Kathryn Kaul-Goodman chairs the Mahaska County Democrats and ran for supervisor in that rural southeast Iowa county. Jean Kaul-Brown helped with both Miglin’s and Kaul-Goodman’s campaign and (along with Miglin) is communications co-chair for the Polk County Democrats.

I recommend downloading the full report. It’s a quick read:

COVID-19 vaccinations increased significantly in Ohio after Governor Mike DeWine announced vaccinated residents would be eligible for five $1 million lottery drawings or full-ride scholarships to state universities. In contrast, vaccinations have been plummeting in Iowa lately. Most county health departments have been declining their vaccine allocations. Average daily shots are down 80 percent from their peak in early April.

Eighteen states and Washington, DC are now ahead of Iowa in terms of percentage of the population fully vaccinated, and 22 states plus DC have a higher percentage of residents who have received at least one shot. Less than two weeks ago, Iowa ranked sixteenth in the country on that metric.

Governor Kim Reynolds isn’t worried, though. She told reporters on June 2, “I am really happy with where we’re at” in terms of vaccinations. From Brianne Pfannenstiel’s article for the Des Moines Register,

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

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

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

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

UPDATE: Konfrst was elected House minority leader on June 14. Original post follows.

Iowa House Democrats will choose a new leader of their 41-member caucus on June 14. The heavy favorite will be State Representative Jennifer Konfrst, who has served as minority whip (the second-ranking role) since late last year.

State Representative Todd Prichard announced on June 2 that he will step down from the leadership position he has held since shortly after the 2018 election.

Konfrst declined to comment for the record on the coming leadership contest. Several Iowa House Democrats indicated on June 2 they were not planning to run for caucus leader. Those included State Representative Jo Oldson, who served as minority whip in 2019 and 2020. Oldson added that she is supporting Konfrst for the position.

If you’ve walked along a woodland edge or near running water lately, you may have encountered a perennial woody vine that is “very valuable as a source of cover and food to many insects and animals.”

Wild grape (Vitis riparia) is also known as riverbank grape, because it often grows near rivers or streams. According to the Illinois Wildflowers site, it can do well in prairies near woods or water sources and thrives on disturbed ground, such as areas near railroads. Minnesota Wildflowers notes,

Some consider Riverbank Grape a weedy pest, sometimes creating dense masses and smothering other plants and even small trees. Though it can become aggressive along woodland edges and other disturbed areas where seed is spread, it is typically better behaved in the shadier riverbanks and mature forests where it competes well with other forest species.

I took most of the pictures enclosed below along North Walnut Creek in Windsor Heights in late May.

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.”

State Auditor Rob Sand contends that spending $400,000 to construct permanent fencing around Governor Kim Reynolds’ official residence reflects “out of whack” priorities favoring “insiders” over “outsiders.”

Sand regularly answers commenter questions during live videos posted on his political Facebook page. During his June 1 “Transparency Tuesday” session, one person asked, “how about that governor’s fence?” Beginning around the 8:15 mark, Sand replied,

My transcript:

Yeah, how about that governor’s fence. If you missed this, Jean’s comment is about the $400,000 that’s getting spent on a fence at Terrace Hill.

Threats should be taken seriously, and the governor has seen threats, but so did Governor Branstad. So did Governor Culver. So did Governor Vilsack. They didn’t build a fence.

And in the meantime, you know, year after year after year, we’ve seen a lot of violence in Iowa’s correctional facilities, which could have been fixed in a variety of ways, depending on who you ask. But we didn’t see much action. Until finally now, that two correctional officers actually got murdered, now they decided to provide additional funding.

So it’s just, to me, it’s a question of priorities and insiders versus outsiders. $400,000 for protection because of some threats that were not uncommon, versus years of assaults that essentially got nothing until people died.

Priorities are out of whack for who that’s serving.

A little later in the video, Sand agreed with a different commenter who characterized the Terrace Hill fence as “ridiculous.”

The Iowa Department of Public Safety approved plans to construct permanent fencing around the governor’s residence sometime during the summer of 2020, public records show. I have not been able to determine whether Reynolds or anyone on her staff advocated for beefed-up security. Public safety officials denied the decision was linked to protests or demonstrations occurring near Terrace Hill and said the U.S. Department of Homeland Security had recommended perimeter fencing for years.

Sand’s comments during the June 1 video were not a one-off. A few days earlier, he drew the same comparison on his political Twitter feed.

In that Twitter thread, Sand linked to a recent Des Moines Register article by Daniel Lathrop, “Iowa prison staffing levels before Anamosa killings were near their lowest level in at least 30 years.”

Two decades of budget cuts left the people who guard Iowa’s prisons understaffed and overmatched by a growing prison population, a Des Moines Register investigation found. The issue is getting attention after the March slaying of two employees at the Anamosa prison, allegedly by a pair of prisoners.

The Register found that Iowa’s Department of Corrections in 2020 had:

-Close to the lowest number of correctional officers guarding its prisons in at least 30 years.

-Substantially fewer correctional officers working at eight of its nine prisons than it did five, 10 and 20 years earlier.

-A ratio of prisoners to correctional officers that had risen above the national average.

The Republican-controlled Iowa House and Senate recently approved a $20 million increase to the corrections budget for the next fiscal year. But Sand pointed out that happened only after two correctional officers were murdered, allegedly by an incarcerated person.

Reporters for the Cedar Rapids Gazette and KCRG-TV obtained public records in April showing that Iowa’s Occupational Safety and Health Administration cited the Iowa Department of Corrections last year for workplace violations at the Anamosa facility. Inspectors noted a lack of “adequate and reliable means of communication for employees to summon assistance during violent attacks or calls for emergency aid,” and not enough employees continually available to respond to such emergencies.

Sand is widely seen as likely to challenge Reynolds in 2022. He recently ruled out seeking any federal office next year but acknowledged he’s still considering running for governor or for a second term as state auditor.

Top image: Screenshot from Rob Sand’s “Transparency Tuesday” video on June 1.

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.”

UPDATE: The U.S. Senate passed the Sgt. Ketchum Rural Veterans Mental Health Act of 2021 by unanimous consent on June 24, and President Joe Biden signed it into law on June 30. Original post follows.

From the earliest Memorial Day observances organized by freed slaves following the Civil War, this holiday has focused on remembering military service members who died in wars. More than 26,700 Iowans have died in wartime service, with the Civil War accounting for nearly half of the fatalities.

Far too many Americans with military backgrounds die by their own hands. Hundreds of active-duty troops and more than 6,000 veterans take their own lives every year. That death toll exceeds the total U.S. military fatalities in Iraq from 2003 to 2020.

Iowa’s members of Congress have tried again this spring to improve mental health services for veterans. Unlike in previous years, legislation named after Sergeant Brandon Ketchum made it through the U.S. House and now awaits action in the Senate.

Racial disparities in Iowa’s COVID-19 vaccinations have narrowed during the eight weeks since all adults became eligible to get a shot. However, even with many vaccination sites now accepting walk-ins, reducing barriers associated with online scheduling, people of color and especially Black and Latino Iowans have received fewer doses per capita than white people.

In addition, county-level data show a wide gap between the Iowa counties with the highest and lowest vaccination rates. As in most other states, vaccination rates appear to be correlated with political and demographic features. Residents of more urban and more Democratic counties are more likely to be vaccinated than those living in rural and heavily Republican areas.

Ira Lacher: Institutional racism is America’s pre-eminent pre-existing condition. And until we can acknowledge this, we will never rid ourselves of it. -promoted by Laura Belin

Japan has apologized for its actions that precipitated World War II in the Pacific.

South Africa has apologized for apartheid.

Pope John Paul II apologized for the Catholic Church’s historic treatment of Jews and other sins.

Germany has repeatedly apologized for the Holocaust.

America has not only refused to apologize for its institutionalized racism against Black people, but Qpublicans are enacting laws to penalize the fact that it has been a linchpin of our structure throughout history and continues to exist.