Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

At televised news conferences, Governor Kim Reynolds often expresses appreciation for Iowans “doing the right thing” and helping our state get through the COVID-19 pandemic.

Her gratitude apparently doesn’t extend to some 19,000 state employees, many of whom worked longer hours than ever this year, under extraordinary stress. The governor’s offer to nurses, university staff, corrections officers, and others represented by AFSCME Council 61: no raise for the two years beginning on July 1, 2021.

Mike McCarthy is president of the Iowa Alliance for Retired Americans. -promoted by Laura Belin

President Lyndon Johnson signed the Older Americans Act into law on July 14, 1965. It responded to the need for community services, evidence-based health promotion, disease prevention programs, civic engagement, and elder justice for senior citizens. America’s seniors require a similar response to the COVID-19 pandemic.

The Iowa Alliance for Retired Americans believes that seniors must have relevant and accurate information about preventing and treating the coronavirus. Seniors and retirees are becoming more desperate looking for security and a cure. We should be able to trust President Donald Trump’s pronouncements. However, he repeatedly shows us that we cannot believe his statements.

Linn County Supervisor Stacey Walker has ruled out running for U.S. Senate in 2020, he announced in a post published on his website on August 8. He made the “quite difficult decision” mainly because the Democratic primary “was already heavily skewed in favor of one candidate.”

I’ve read a lot of statements by politicians bowing out of a campaign. Few have spoken as frankly about their reasons as Walker.

“I’m a proud farm kid with farm kid values,” declared Theresa Greenfield on June 3 in a video launching her campaign for U.S. Senate.

The third Democrat to declare plans to challenge Senator Joni Ernst will be hard to beat for the nomination.

“Our role is to decide whether constitutional lines were crossed, not to sit as a superlegislature rethinking policy choices of the elected branches,” four Iowa Supreme Court justices said today in two rulings that upheld the 2017 collective bargaining law.

The state’s two largest public employee labor unions, AFSCME Council 61 and the Iowa State Education Association, had challenged the law, which eliminated almost all bargaining rights for most public employees but preserved more rights for units containing at least 30 percent “public safety” employees. The ISEA also challenged a provision that banned payroll deduction for union dues.

Justice Thomas Waterman wrote for the majority in both cases, joined by the court’s three other most conservative judges: Edward Mansfield, Susan Christensen, and Christopher McDonald. His ruling upheld two Polk County District Court rulings in 2017.

Chief Justice Mark Cady and Justice Brent Appel dissented from the AFSCME decision, joined by Justice David Wiggins. Appel wrote a partial concurrence and partial dissent in the ISEA case, joined by Cady and Wiggins. They would have allowed the state to end payroll deductions for union dues but struck down the part of the law that gave more bargaining rights to some workers than others. They highlighted the statute’s “illogical” classification system, under which many who receive the expanded privileges are not themselves “public safety employees,” while others “with obvious public safety responsibilities” are excluded.

Had the late Justice Daryl Hecht been able to consider this case, these decisions would likely have gone 4-3 the other way. However, Hecht stepped down while battling melanoma in December, shortly before the court heard oral arguments. Governor Kim Reynolds appointed McDonald to fill the vacancy in February. Normally new justices do not participate in rulings when they were not present for oral arguments, but the court would have been deadlocked on these cases otherwise. So file this disappointing outcome for some 180,000 public employees under E for “elections have consequences.”

A commentary by correctional officer Mark Masterson. -promoted by desmoinesdem

Can I introduce you to my friend and co-worker? His name is Jason Moats. Jason is running for Iowa House district 84, left open by retiring Republican State Representative Dave Heaton. This district includes Mount Pleasant, where I live and work.

Iowa moved from “Likely R” to “Toss Up” in the latest Cook Political Report governor race ratings, announced this morning. That’s a big shift: typically election forecasters would move a race from “likely” Democrat or Republican hold to “lean,” rather than going straight to toss up.

Continuing a series on news from the Iowa legislature’s 2018 session that attracted little attention before lawmakers adjourned for the year.

The Iowa Senate confirmed almost everyone Governor Kim Reynolds nominated for a state board or commission this year with unanimous or near-unanimous support. However, opposition from Democratic senators blocked three of the governor’s more than 200 appointees (full list here).

Three women have described in detail incidents of non-consensual touching by State Senator Nate Boulton, Brianne Pfannenstiel reported today for the Des Moines Register. Boulton did not deny the women’s accounts but said they did not match his recollection. He also asserted his alleged behavior “in social settings” was not comparable to harassment or assault in the workplace.

Boulton’s alleged conduct was unacceptable. His distinction is not credible. His political career is no longer tenable.

Members of the Iowa Democratic Party’s Third District Central Committee voted yesterday to use an obscure provision of state law to nominate Theresa Greenfield for the primary ballot. After about 30 minutes of debate, the committee narrowly supported a motion to add another candidate to the Congressional primary ballot (36 to 31, with two abstaining). A second motion, for Greenfield to be that additional candidate, passed 47 to 10, with six abstentions.

Before Greenfield’s name is added to the candidate list, an election panel consisting of Attorney General Tom Miller, Secretary of State Paul Pate, and State Auditor Mary Mosiman will likely consider an objection. Depending on the outcome, the panel’s decision may be challenged in court.

Central committee members were in an unenviable position; no matter how they voted, some activists would be upset. Unfortunately, the chosen path suggests that Iowa Democrats will abandon normal procedures if necessary to help a sympathetic candidate.

Two Polk County District Court judges have dismissed lawsuits challenging the constitutionality of Iowa’s new collective bargaining law. Although the plaintiffs are likely to appeal the rulings, the bar will be high to convince four Iowa Supreme Court justices the state had no rational basis to enact changes affecting some public employees more adversely than others.

I enclose below the court rulings and key points, along with reaction from leaders of AFSCME Council 61 and the Iowa State Education Association, which filed the lawsuits earlier this year.

One of the most transparent union-busting provisions of Iowa’s new collective bargaining law has failed to significantly reduce the number of workers covered by the state’s two largest public-sector unions: the Iowa State Education Association and AFSCME Council 61.

Unofficial results posted today by the Iowa Public Employment Relations Board show large majorities of public employees voted to continue to be represented by their unions.

State Representative Todd Prichard suspended his campaign for governor yesterday, saying “my responsibilities to my family, the Army, my constituents, as well as my small business must take priority over the many hours a day it takes to raise the sums of money required to run successfully.”

Fundraising difficulties were also a key reason Rich Leopold, the first declared Democratic candidate for governor, ended his campaign in June. The same challenge may lead one or more of the remaining seven Democrats in the field to leave the race before the filing deadline next March.

I’ve never seen a bigger disconnect between Iowa Democratic Party donors and activists than in their attitude toward Dr. Andy McGuire as a candidate for governor.

I’ve never seen a bigger disconnect between Iowa pundits and activists than in their assessment of McGuire’s chances to become the Democratic nominee.

Since McGuire rolled out her campaign three weeks ago, I’ve been thinking about how she might persuade enough rank-and-file Democrats to support her in a crowded gubernatorial field. I’m stumped.

The largest labor union representing Iowa teachers and its Davenport affiliate filed a lawsuit yesterday challenging the constitutionality of House File 291, which eliminated almost all collective bargaining rights for teachers.

I enclose below the full text of the initial Polk County District Court filing. Scroll down to read comments Iowa State Education Association President Tammy Wawro delivered at a press conference, which you can watch here.

Like the lawsuit Iowa’s AFSCME chapter filed in February, the new lawsuit targets the unequal treatment of two classes of workers under the revised Chapter 20, which governed collective bargaining here for more than four decades. “Public safety” workers will be able to keep bargaining over a larger range of subjects, while other public employees can negotiate only about a handful of subjects, primarily base pay. ISEA maintains that this division violates Article I, Section 6 of the state constitution, which stipulates, “All laws of a general nature shall have a uniform operation; the general assembly 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.”

In addition, the ISEA is challenging the law’s two biggest union-busting provisions: a ban on automatic payroll deduction for union membership and political contributions, and procedures that will make it harder for public unions to stay certified. ISEA holds that the payroll deduction ban also violates the uniformity clause of Article I, Section 6, because such deductions will be allowed for other professional associations or organizations. In addition, the lawsuit charges that by creating “an undemocratic election system” for unions representing public workers, which “counts votes based on population instead of number of votes cast,” the law violates the substantive due process guarantee of Article I, Section 9.

Attorney General Tom Miller is not defending the collective bargaining law, to “avoid any questions about a potential conflict.” The state retained the Belin McCormick law firm to handle legal challenges. At the end of this post, I enclose the motion filed to dismiss ASFCME’s lawsuit; the defense against ISEA’s suit will make the same arguments.

Saying Iowa needs “new vision,” “fresh leadership,” and “better than what we have seen during this legislative session,” State Representative Todd Prichard announced today that he is “considering” a gubernatorial campaign. The rollout leaves little doubt that Prichard will eventually join the Democratic field. His campaign website now features a Todd Prichard for Governor campaign logo. His “leadership team” includes heavyweights like Marcia Nichols, former political director of AFSCME Council 61; Brad Anderson, who ran Barack Obama’s re-election campaign in Iowa; former Iowa Democratic Party state chair Sue Dvorsky; and State Senator Bob Dvorsky.

I enclose below Prichard’s news release and background on the candidate from his website. Last month Prichard discussed his life experiences and values at a Democratic gathering in Des Moines; you can read or listen to that speech here. Prichard talked more about his work and thoughts about a 2018 Democratic campaign message with Iowa Starting Line. Prichard has a political page on Facebook and is on Twitter @RepPrichard.

Two other Democrats launched gubernatorial campaigns earlier this year: Rich Leopold and Jon Neiderbach. (Neiderbach spoke to the Northwest Des Moines Democrats group on March 21, and Bleeding Heartland will soon post excerpts from his stump speech.) Former Iowa Democratic Party chair Andy McGuire is widely expected to announce a gubernatorial campaign in the coming months.

UPDATE: Prichard spoke at the Our Future–Iowa Starting Line event in Des Moines on March 23. Here’s the full audio, for those who want to listen.

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.

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.

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.

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.

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 former administrative law judge who testified about political interference at Iowa Workforce Development is facing a felony fraud charge after staff in the Polk County Attorney’s office failed to do their homework.

Ryan Foley reported Thursday for the Associated Press that former Administrative Law Judge Susan Ackerman is charged with making fraudulent submissions, having “falsely certified that her married daughter was single so that she could receive state health insurance in 2013 and 2014.” When the Iowa Supreme Court Attorney Disciplinary Board reviewed an Iowa Workforce Development complaint citing the same conduct a year and a half ago, the board determined “that Ackerman didn’t commit an ethical violation and declined to take action against her law license,” Foley noted.

So why is she facing criminal prosecution now? Because no one in the Polk County Attorney’s office researched this case before filing charges.

What a way to begin the holiday season: Governor Terry Branstad’s administration is negotiating new employment contracts on the assumption that health insurance benefits will no longer be subject to collective bargaining.

Judging by past experience in Iowa and other states, the 59 incoming House Republicans and 29 Senate Republicans will rubber-stamp the new policy, gutting a collective bargaining law that has served this state well since 1974.

Another one for the “elections have consequences” file: The Iowa Supreme Court unanimously ruled on November 10 that Governor Terry Branstad “did not exceed the scope of his constitutional authority” when he vetoed funds state lawmakers had approved to keep open mental health facilities in Mount Pleasant and Clarinda.

A large group of Democratic legislators, joined by the president of the public employee union AFSCME, filed suit soon after Branstad vetoed the funding in July 2015. Their lawsuit contended that Iowa Code contains language requiring the state to operate Mental Health Institutes in Mt. Pleasant and Clarinda. But last November, a Polk County District Court held that “Existing statutes are not conditions on appropriations” and “cannot limit the Governor’s item veto authority.” Bleeding Heartland published excerpts from Judge Douglas Staskal’s decision here.

Last week’s Iowa Supreme Court opinion by Justice David Wiggins affirmed Staskal’s ruling but found that the District Court “failed to address” a matter of constitutional law raised by the plaintiffs. After additional analysis of the legislative intent behind language designating the facilities in Mount Pleasant and Clarinda as “state hospitals for persons with mental illness,” the high court reached the same conclusion as Staskal: the governor had the power to veto funds earmarked for operating facilities he had closed. I enclose below excerpts from the opinion.

Branstad’s spokesperson Ben Hammes did quite the spin job in his statement:

Today’s unanimous Supreme Court decision affirms the Governor’s action by allowing more Iowans to have access to quality mental health care and substance abuse treatment than ever before. The State’s mental health care redesign allows Iowans to access treatment in a community-based setting and through more modern means. Gov. Branstad is committed to putting patients first, improving care, increasing access and modernizing the delivery of mental health services. In fact, there are currently at any time 60-100 psychiatric inpatients beds open across the state. Iowa now maintains a robust level of access to mental health beds that are more efficiently delivered.

Nice try, Hammes. In reality, the justices did not assess either the merits of Branstad’s decision to close the in-patient facilities or the quality of mental health care and substance abuse treatment in Iowa. In reality, Iowa “consistently ranks in the bottom five of all states in every single category of mental health programs and services.” In reality, Iowa “ranks dead last in the country for state psychiatric beds per capita.” In reality, “many Iowans with serious mental illnesses are being marooned” for weeks or months in hospitals, for lack of adequate facilities or services to monitor their care.

Insider dealing at the University of Iowa has drawn intense scrutiny since President Bruce Harreld’s hiring last year. This week, several news reports cast an unflattering light on the culture President Steven Leath is fostering at Iowa State University.

The July 9 Des Moines Register carried a front-page story by Lee Rood on Leath’s recent purchase of land from one of the companies controlled by Iowa Board of Regents President Bruce Rastetter. After trying to weasel out of answering questions regarding what he called his “personal life,” Leath insisted he got no “special deal” on the land. However, the arrangement appears highly irregular, as discussed below following excerpts from Rood’s article.

Two recent stories by Vanessa Miller for the Cedar Rapids Gazette raised further questions about what kind of operation Leath is running. Click through to read about the hiring of former Republican lawmaker Jim Kurtenbach for a high-paying job that was never advertised, as well as Kurtenbach’s restructuring of ISU’s information technology services unit, which involved eliminating 23 positions and paying 19 people not to work since May 25. Excerpts from those stories are below as well.

This is an open thread: all topics welcome.

P.S.- Speaking of cozy Republican networks, Ryan Foley reported for the Associated Press on Friday that the University of Iowa “is retaining a social media startup company with Republican Party ties that benefited from earlier no-bid contracts.” Wholecrowd is run by Jim Anderson, who served as Iowa GOP executive director during part of the time the University of Iowa’s current Vice President for External Relations Peter Matthes was a staffer for the GOP state Senate caucus. Under no-bid contracts Matthes signed with former Iowa GOP state party chair Matt Strawn’s company, Wholecrowd did the same kind of “digital advocacy” work as a subcontractor. The university’s new contract, signed directly with Wholecrowd after a competitive bidding process, seems to have cut Strawn out as the middleman.

UPDATE: Boulton won this race by just under 53 percent of the vote to 47 percent.

One of the most closely-watched state legislative primary results tonight will be the race to represent the open Iowa Senate district 16, covering the east side of Des Moines and Pleasant Hill in Polk County. No Republican has filed to run in this overwhelmingly Democratic district. The two contenders seeking to replace retiring Senator Dick Dearden are his daughter, Pam Dearden Conner, and Nate Boulton. Bleeding Heartland posted background on both candidates here. Each has substantial support from influential local Democrats.

I love three things about this primary:

1) It is happening. Dearden announced his plans to retire six months before the filing deadline, giving all local residents plenty of time to enter the Senate race. He could have pretended to be seeking another term, then pulled his nominating papers on the last day, leaving time for only his daughter to file. Too many Iowa lawmakers, including three House Democrats this year, have engineered their retirements so that only favored insiders had a chance to consider running for office.

2) Both sides are working hard. Although some Iowa Democrats have a bizarre fear of competitive primaries, I see no downside to two candidates and a small army of volunteers knocking doors and making phone calls, trying to identify supporters and get them to vote. As of May 24, more than 1,200 voters in Senate district 16 had requested absentee ballots. Both campaigns were out in force this past weekend, enjoying perfect weather for canvassing. Boulton has raised and spent more money, as you can see from his and Conner’s latest disclosure reports, but both sides have done substantial district-wide voter outreach.

3) As far as I can tell, the candidates have stayed positive. Months ago, I was worried the Senate district 16 primary might turn nasty like the 2013 Des Moines City Council race between Chris Diebel and Skip Moore, which lit up social media and strained friendships.

May the best Democrat win. I’ve posted below some examples of campaign literature and direct mail supporting each candidate. You can find more information on the websites for Conner and Boulton.

Former Governor Chet Culver “is getting closer” to joining the Democratic field in Iowa’s third district, Civic Skinny reports in the latest edition of the weekly Cityview.

He is looking at the numbers — the money numbers and the registration numbers — and lining up a staff. He is studying the issues and talking to longtime supporters. He is looking at the problems of running — and, he hopes, serving — while still being a good father to two teenagers and a supportive husband to a wife who works part-time as a lawyer in Des Moines. […]

Culver says he is getting in shape physically for a run and just got a good report from his doctor.

Last week, Culver made clear that he would enjoy returning to public service, views IA-03 as a “good fit,” and is confident he could raise the resources to run a successful campaign.

Civic Skinny speculated that beating the other likely candidates in the Democratic field (Desmund Adams, Jim Mowrer, and Mike Sherzan) “probably wouldn’t be hard [for Culver], with his name recognition and zest for campaigning.” But I would expect a battle royal in an IA-03 primary involving the former governor. Not only has Mowrer lined up support from many prominent local Democrats, he is rumored to have strong backing in labor circles. Culver’s uneasy relationship with organized labor dates to the 2006 gubernatorial primary, when some large unions including AFSCME endorsed his main rival Mike Blouin. The bad blood really set in when the governor vetoed a collective bargaining bill in 2008.

It’s also important to remember that for a Congressional race, Culver will not be able to collect very large donations from his strongest supporters. Individual contributions for federal candidates max out at $2,700 for the primary election and $2,700 for the general election (but that money can’t be used until after the June 2016 primary). During the first four months of 2006, Culver’s campaign for governor collected $25,000 gifts from three donors, $10,000 from five more donors, and $5,000 from more than a dozen others. Two more $10,000 gifts and some $5,000 checks came in during the final weeks before the 2006 primary. Culver’s 2005 campaign disclosure report included several $10,000 gifts and one for $15,000 as well.

Running a Congressional primary campaign will be less expensive than running for governor statewide, especially since about two-thirds of the registered Democrats in the district live in Polk County. Nevertheless, Culver will have a short time span to raise a lot of money in increments of no more than $2,700 from any one person.

Any comments about the IA-03 campaign are welcome in this thread.

Polk County District Court Judge Douglas Staskal has dismissed a lawsuit challenging Governor Terry Branstad’s authority to veto funding intended to keep two in-patient mental health facilities open. Twenty Democratic state lawmakers and the president of Iowa’s largest public-employee union filed the lawsuit in July, arguing that the governor’s line-item vetoes violated Iowa Code provisions requiring that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. But Judge Staskal found that “Existing statutes cannot limit the Governor’s item veto authority,” which “is of constitutional magnitude. The only limitations that have been placed on that authority have been derived from the language of the constitution itself. […] And, there is no language in the item veto provision which suggests a statutory limitation on the power it creates. It is elementary that, to the extent there is conflict between a constitutional provision and a statute, the constitution prevails.”

I enclose below longer excerpts from the court ruling, which can be read in full here. Mark Hedberg, the lead attorney representing the plaintiffs, told Bleeding Heartland they “are preparing an appeal” to the Iowa Supreme Court “and will ask that it be expedited.”

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Former State Senator Kent Sorenson testified this week in the trial of two former Ron Paul presidential campaign aides. (A judge dismissed charges against a third man who had been indicted in the same case.) After initially claiming to be the victim of a “straight-up political witch hunt,” Sorenson eventually pled guilty to federal charges related to accepting hidden payments. He had been negotiating with Paul’s operatives for months on a price for changing his allegiance from presidential candidate Michele Bachmann to Paul less than a week before the Iowa caucuses.

Russ Choma wrote up Sorenson’s testimony for Mother Jones, and Grant Rodgers has been covering the trial for the Des Moines Register. On Thursday, Sorenson testified that he was upset when some staffers for Michele Bachmann’s campaign treated him “like a leper,” after he revealed that he had considered switching to Paul and was offered money to do so. Dude, what did you expect? Asking to be paid for a presidential endorsement should get a person shunned from polite society. People with leprosy should take offense at being compared to a guy like you.

Sorenson said in court the next day that going into politics was “a waste of my life, and I wish I had not done it.” I would guess a large number of Iowans in both parties also wish he had never gotten involved with politics.

Ten days ago, Polk County District Court Judge Douglas Staskal heard arguments in a case challenging Governor Terry Branstad’s veto of funding for two in-patient mental health facilities his administration decided to close earlier this year. In one exchange, Deputy Attorney General Jeffrey Thompson asserted that the governor could theoretically shut down the state’s court system by exercising his veto power to reject all appropriated funds for the judiciary. He noted that the constitution gives state lawmakers power to override a governor’s veto (through a two-thirds majority vote in both the Iowa House and Senate), and courts should not take on that role if legislators decline to do so.

I would like to hear attorneys’ opinions on whether the governor’s veto power extends so far. Can the governor eliminate virtually any part of state government by blocking appropriations for it, as long as at least one-third plus one member of one chamber of the legislature will back up his political agenda?

I’ve posted excerpts from these reports after the jump.

The Iowa Democratic Party’s State Central Committee elected Danny Homan to serve as first vice chair today. Homan is the longtime president of AFSCME Iowa Council 61, the state’s largest public-employee union. He is a frequent critic of Governor Terry Branstad and has been a plaintiff in several lawsuits against the governor. Most recently, Homan and twenty Democratic state lawmakers challenged Branstad’s actions to close two state-run mental health institutions. A Polk County District Court judge just heard motions in that case on October 8 and is expected to rule during the next 30 days. Homan was also involved in the unsuccessful lawsuit challenging the governor’s closure of the Iowa Juvenile Home, as well as a case that produced a unanimous Iowa Supreme Court ruling saying Branstad had improperly exercised his veto power. However, that 2012 ruling did not force the state to reopen any Iowa Workforce Development field offices, the closure of which had prompted the lawsuit.

Jim Mowrer was elected first vice chair in January but stepped down from that position in August, when he launched his Congressional campaign in the third district.

Joe Stutler, a central committee member from Marion (Linn County) who is active on civil rights and veterans issues, also ran for first vice chair today. Stutler is currently vice chair of the Iowa Democratic Party’s Disability Caucus.

I enclose below the Iowa Democratic Party’s press release announcing Homan’s election.

Polk County District Court Judge Douglas Staskal ruled yesterday that a lawsuit challenging Governor Terry Branstad’s line-item vetoes of mental health facility funding can move forward.

A group of Democratic state legislators and AFSCME, Iowa’s largest public employee union, filed the lawsuit in July. Last month, attorneys for the state filed a motion to dismiss the lawsuit or force the plaintiffs to “recast” (revise and resubmit) their court filing.

But in a thirteen-page ruling, Judge Staskal rejected the state’s arguments that “the plaintiffs lack standing, have failed to state a claim upon which relief could be granted and that the case presents a nonjusticiable political question.” He found that AFSCME Iowa Council 61 President Danny Homan has standing because he represents the interests of state workers who were laid off when the state government closed in-patient mental health facilities in Clarinda and Mount Pleasant. The judge also noted that state legislators “have standing to challenge the propriety of the Governor’s exercise of his veto authority.” Judge Staskal found plaintiffs had stated a claim: “a challenge to the Governor’s exercise of his line-item veto authority.” As for the political question, the ruling noted, “Whether to close Clarinda and Mount Pleasant is a policy matter for the other branches of government. Whether the Governor’s particular use of his line-item veto power is constitutional is a matter for the courts.”

Judge Staskal did find in favor of one argument advanced by state attorneys, releasing Iowa Department of Human Services Director Chuck Palmer as a co-defendant: “The Director [Palmer] plainly has no authority to veto legislation and there is no allegation that he did veto legislation. Therefore, there is no conceivable set of facts upon which relief could be granted on the claim that the Director exercised an improper veto.”    

The legislators who joined this lawsuit are State Senators Rich Taylor, Tom Courtney, Janet Petersen, Tony Bisignano, Herman Quirmbach, and Dick Dearden, and State Representatives Bruce Hunter, Curt Hanson, Jerry Kearns, Mark Smith, Art Staed, Ako Abdul-Samad, Jo Oldson, Ruth Ann Gaines, Sharon Steckman, Todd Taylor, Mary Gaskill, Kirsten Running-Marquardt, Timi Brown-Powers, and Dave Jacoby.

This morning the Iowa Supreme Court unanimously dismissed a lawsuit brought by Democratic state lawmakers and a public employee union leader to challenge the closure of the Iowa Juvenile Home without legislative input in the middle of the 2014 fiscal year. The seven justices reversed a Polk County District Court ruling from February 2014, which had ordered the Branstad administration to reopen the home.

The full text of Justice Edward Mansfield’s decision is available here (pdf). Follow me after the jump for key points and excerpts. The central factor in the ruling was the Iowa legislature’s failure to appropriate funds to operate the Iowa Juvenile Home for the 2015 fiscal year.

Today’s news is a classic example of elections having consequences. Had Democrats recaptured the Iowa House majority in 2012, which could easily have happened with better allocation of resources, lawmakers in both chambers would have funded the home for girls during the 2014 legislative session. That in turn would have prompted the Iowa Supreme Court to view the lawsuit over the juvenile home closure differently.

For the third time in a row, binding arbitration was needed to finalize a two-year contract for state workers covered by Iowa’s largest labor union. For the first time in decades, workers covered by American Federation of State, County and Municipal Employees (AFSCME) will pay a small amount toward their health insurance premiums, but not nearly as large a share as Governor Terry Branstad wanted them to contribute.

On the other hand, the arbitrator accepted the state’s final offer on salary increases for the roughly 40,000 public employees covered by AFSCME Iowa Council 61. Details are after the jump.

With less than two weeks remaining before June 3, interest groups with a preference in competitive primaries have presumably made their views known by now. On the Democratic side, labor unions are most likely to get involved in primaries, so I wanted to compile in one place the full list of candidates in competitive Democratic races who have been endorsed by one or more organized labor group. None of the Democrats seeking statewide office in Iowa this year has a primary opponent, and I’ve omitted county-level races. The list below includes candidates running for Congress in the first district and seeking various Iowa House and Senate seats.

I will update this post as needed if I learn of other labor union endorsements. Note that many other Democratic candidates already have or will have organized labor’s official support for the general election campaign. Blog for Iowa posted all of the Iowa Federation of Labor AFL-CIO’s endorsements for 2014 here. A complete list of candidates who will appear on primary ballots is on this page of the Iowa Secretary of State’s website.

Iowa’s largest labor union, AFSCME Iowa Coucil 61, endorsed State Senator Jack Hatch for governor yesterday, as did several Teamsters locals in the state. I’ve posted the press release after the jump. Labor union endorsements of the leading Democratic challenger to Governor Terry Branstad are only to be expected. The event would not be as newsworthy had AFSCME not made a big deal out of endorsing State Representative Tyler Olson in October. Olson dropped out of the governor’s race for personal reasons near the end of last year.

I never understood why AFSCME felt compelled to get involved in a primary featuring two state lawmakers with strong records on labor issues. Looking at the financial report AFSCME’s political action committee filed last month, I find the strategy even more baffling. During 2013, AFSCME Iowa Council 61 P.E.O.P.L.E. gave $100,000 to Olson’s gubernatorial campaign–by far the PAC’s largest expenditure. The Iowa Democratic Party and the Senate Majority Fund each received $10,000. Various Democratic state legislators or candidates for the Iowa House and Senate received campaign contributions ranging from $250 to $5,000. The House Truman Fund supporting Democratic candidates for the lower chamber received $1,000. AFSCME also supported a smattering of candidates for local government.

Speaking to Radio Iowa yesterday, AFSCME Council 61 President Danny Homan said, “When we endorsed Tyler I stated that it was a very difficult decision to pick Tyler over Jack. That was a close call.” If my dues donations were supporting AFSCME’s political activities, I’d be very upset that $100,000 went to support a “close call” for one candidate over an equally pro-labor primary rival. It would have been smarter for AFSCME to give more to pro-labor lawmakers and candidates for the Iowa House and Senate during 2013, and save any six-figure gifts for the Democratic nominee after the gubernatorial primary.

UPDATE: Corrected to clarify that separate donations (not union dues) are used for AFSCME’s PAC. My original point stands: I would stop giving to any PAC that made this kind of strategic choice. To my mind, it doesn’t matter whether they endorsed Olson or Hatch; they should not waste $100,000 meddling in a Democratic primary where both candidates support their issues, especially when control of the Iowa legislature is at stake in the midterms. Remember, this PAC made only $150,985.05 in expenditures during the reporting period. Two-thirds of the money went toward a race that Danny Homan admitted was a “close call.” Not a wise use of resources.

Polk County District Court Judge Scott Rosenberg ruled yesterday in favor of plaintiffs who are challenging the closure of the Iowa Juvenile Home by the Iowa Department of Human Services. Finding that the four state legislators and the president of a public employees union were “likely to succeed on the merits” when the court considers their lawsuit, Judge Rosenberg granted the plaintiffs’ request for a preliminary injunction. He ordered Governor Terry Branstad’s administration to “reopen the Toledo home and abide by the duly passed laws of the state of Iowa which established the Toledo Home […].”

After the jump I’ve posted an excerpt from the ruling, which you can read in full on the Des Moines Register’s website. I’ve also posted reaction from several of the plaintiffs and from Branstad.

This isn’t the first time a state court has found that the governor overreached in disregarding legislative intent on the allocation of state funds. Maybe Branstad should get better legal advice before deciding to ignore language from budget bills he signed into law.  

Four Democratic state legislators and the leader of Iowa’s largest public employee union filed a lawsuit yesterday seeking to block Governor Terry Branstad’s administration from closing the Iowa Juvenile Home in Toledo (Tama County) this month. Joining AFSCME Iowa Council 61 President Danny Homan are gubernatorial candidate Senator Jack Hatch, Senator Steve Sodders (whose district includes Toledo), Iowa House Minority Leader Mark Smith, and former Iowa House Speaker Pat Murphy. The lawsuit alleges that it is unconstitutional for Branstad to close the home after signing into law budget appropriations for operating the home in fiscal years 2014 and 2015. An official statement from the plaintiffs is after the jump, along with a brief summary provided by Sodders.

When Iowa Department of Human Services Director Chuck Palmer announced in December that the Iowa Juvenile Home would be closed after all the resident girls were relocated, he said the “difficult decision” was in the best interests of the girls who had lived there. Yesterday Governor Branstad also cited the interests of “those kids who’ve been mistreated and abused and not gotten their education.”

Over the past year, the Des Moines Register’s Clark Kauffman has documented outrageous practices at the Iowa Juvenile Home, including long placements in isolated cells. In October, a task force appointed by Branstad recommended reforms for the facility. The lawsuit alleges that at the governor’s direction, DHS Director Palmer disregarded the task force’s recommendations and will unlawfully use funds appropriated for the Juvenile Home for other purposes.

In 2012, the Iowa Supreme Court found that Branstad had improperly used his line-item veto power to change how state funds were allocated. This case is somewhat different but poses similar constitutional questions.

Yesterday was a big news day for two Democratic candidates seeking to unseat Governor Terry Branstad. Iowa’s largest labor union endorsed State Representative Tyler Olson, while State Senator Jack Hatch released a major tax reform proposal. Details are after the jump.

UPDATE: Added excerpts from Danny Homan’s November 2 guest editorial for the Des Moines Register below.  

Des Moines City Council member Skip Moore announced yesterday that AFSCME Iowa Council 61 has endorsed his re-election. The American Federation of State, County and Municipal Employees is Iowa’s largest labor union. It’s the third major labor endorsement for Moore, whom Chris Diebel is challenging in the race for the at-large seat. UPDATE: Make that four union endorsements: on August 7 the Communications Workers of America, Local 7102 endorsed Moore as well. APRIL 8 UPDATE: Add the Des Moines Association of Firefighters Local #4 to the list of unions backing Moore’s re-election.

I am inclined to agree with Bleeding Heartland user zeitgeist that if Diebel was going to face significant opposition from organized labor either way, he might have been better off running in the open Iowa Senate district 17, covering part of downtown Des Moines and the south side (as opposed to the entire city). One major labor group has already endorsed former State Senator Tony Bisignano in the Democratic primary for that seat, being vacated by Senator Jack Hatch as he explores a run for governor.

Speaking of which, Hatch has hired Grant Woodard to manage his exploratory campaign. Woodard ran Representative Leonard Boswell’s last two Congressional campaigns in Iowa’s third district.