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.

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.

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.

For all their talk about helping Iowa provide a “world class” and “globally competitive” education, Iowa Republicans are unwilling to provide the resources public schools need to keep up with rising costs.

And for all their talk about getting “better teachers in the classroom” and giving “hardworking teachers … all the tools necessary to succeed,” Iowa Republicans seem determined to discourage people from pursuing a teaching career in this state.

Jon Neiderbach, the 2014 Democratic candidate for state auditor, plans to announce a campaign for governor by the end of the week, he confirmed to Bleeding Heartland. A New York native who has lived in Iowa since attending Grinnell College during the 1970s, Neiderbach has in-depth knowledge of state government, having worked for the Legislative Fiscal Bureau and later in the Iowa Department of Human Services. He also served a term on the Des Moines School Board and has been an attorney in private practice since 2012. He campaigned for a few months in Iowa House district 43 during the last election cycle but withdrew from that race before the filing period.

Last year, Neiderbach was an active supporter of Bernie Sanders for president, and he will need support from that part of the Democratic base in a primary likely to include better-funded candidates. His new Twitter handle is @Neiderbach4Gov, and he’s on Facebook here. A campaign website will launch soon. I enclose below a short bio released during Neiderbach’s 2014 race for state auditor.

The field of Democratic challengers to future Governor Kim Reynolds will expand further. Rich Leopold is already campaigning around the state, and former Iowa Democratic Party chair Andy McGuire is expected to make her candidacy official within a month or two. (However, when I asked McGuire at the recent State Central Committee meeting when she was going to announce, the mother of seven grown children answered with a joke: “Oh, do I look pregnant?”)

The rumor mill sees State Representative Todd Prichard as a likely gubernatorial candidate too.

State Senator Liz Mathis told a Democratic gathering in Des Moines this month that she thought about running for governor in 2018, “but I don’t believe it’s in the cards for me.” I’ve talked to several Democrats who hope she will reconsider, including AFSCME President Danny Homan. (He is not in McGuire’s fan club.) Terry Branstad ruled out running for governor in May 2009 but changed his mind a few months later.

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.

The most important business at yesterday’s Iowa Democratic and Republican county conventions was electing delegates to each party’s district conventions in April and state convention in June. Iowa Democratic rules do not bind county convention delegates to the candidates they supported at their precinct caucuses, and not all delegates chosen at precinct caucuses show up for the county conventions. Those factors helped Barack Obama make big gains in March 2008, from a lead of “16 state delegates to Clinton’s 15 on caucus night […] to a 25-14 lead after the county conventions.” John Deeth explained the 2008 county convention happenings at the time and on Friday provided a detailed look at what goes on behind the scenes to organize these events.

Yesterday’s conventions didn’t change Clinton’s expected lead over Bernie Sanders in state delegates. After the Iowa caucuses, the Iowa Democratic Party calculated Clinton had 700.47 state delegate equivalents, Sanders had 696.92 state delegate equivalents, and Martin O’Malley 7.63. The Iowa Democratic Party reported last night that the 99 county conventions elected 704 state delegates for Clinton, 700 for Sanders, one for O’Malley, and one uncommitted. Scroll to the end of this post to see the numbers for each candidate from all 99 counties. The projected national delegate count from Iowa remains 23 for Clinton and 21 for Sanders.

While most counties saw little change after yesterday’s conventions, the balance of power did shift slightly in some counties. For example, Johnson County elected 54 delegates for Sanders yesterday and 38 for Clinton. Those numbers represented a net gain of one delegate for Clinton compared to what was expected following the precinct caucuses.

Sanders improved his standing most in Polk County. He won only about 46 percent of the county delegates here on February 1 to 53 percent for Clinton. But at the end of a very long day in West Des Moines, the Polk County convention elected 115 delegates for Clinton and 113 for Sanders, a net gain of about six state delegates for Sanders.

That could have been big news, except for one problem. Hours before Polk County delegates ratified their slates, social media exploded as thousands of people, eventually including Sanders himself through his campaign Twitter account, alleged that Clinton allies had tried to “steal” the convention.

I wasn’t at Valley High School, but I followed postings yesterday by dozens of delegates for each candidate. Since the convention, I have spoken to or received direct messages from multiple delegates on both sides, including leaders of the Clinton and Sanders groups and members of the Polk County Credentials Committee. My best effort to piece together what happened is after the jump.

Short version: evidence points not to “stealing,” but to mismanagement by convention leaders, especially Rules Committee Chair Jeff Goetz. Unusual procedures implemented without transparency fueled suspicions among people who may have gone into the convention expecting dirty tricks from party establishment types supporting Clinton.

In an e-mail newsletter to supporters on February 12, Iowa Democratic Party Chair Andy McGuire hailed the “awe-inspiring,” “historic,” and “extraordinary” happenings at nearly 1,700 precinct caucuses on February 1, adding,

For all the positives that came from caucus night, we are also aware of the concerns that came from some of our precincts. We are listening. We are always looking for ways to make the caucus process better and this year will be no different. That’s why we will be forming a committee to start the process of innovating and improving, while keeping in place what makes the caucus process so special.

As a Democrat with a longstanding interest in making the caucuses more inclusive and a better reflection of Iowa voters’ preferences, I immediately sought further details about the committee, in particular whether its members will consider major reforms such as absentee ballots, proxy voting, or a GOP-style straw poll caucus.

McGuire has not responded to my questions, but Iowa Democratic Party communications director Samuel Lau answered by e-mail, “This committee is still in the very beginning phases of planning, but it will be developed in partnership with our State Central Committee, our partners and our allies. The party has always made it a priority to listen to the concerns of Iowans in order to improve our caucus process, and no discussion topics will be ‘off the table.’”

Comments by various party insiders to the Des Moines Register’s Jason Noble tell a different story. Party leaders are open to ideas for running the precinct caucuses more smoothly but not to broader changes in how the Iowa caucuses work.

The Democratic Party’s “superdelegates” have been in the news lately as a potential base of support for Hillary Clinton in what may be a long battle with Bernie Sanders for the presidential nomination. I agree entirely with Pat Rynard that talking about superdelegates as Clinton’s “firewall” plays perfectly into the Sanders campaign narrative of anti-establishment warrior. Furthermore, I support eliminating superdelegates, which came into being before the 1984 presidential campaign as a way to give party insiders more leverage over the nominating process.

Since we’re stuck with superdelegates for this cycle, I’ve named Iowa’s likely representatives below. The Democratic National Committee has yet to confirm the list but is expected to do so next month.

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.”

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.

Iowa’s largest public employee union and 20 Democratic state legislators filed a lawsuit today challenging the closure of mental health institutes in Mount Pleasant and Clarinda. I enclose below a press release from AFSCME Council 61, which lists the six state senators and fourteen state representatives who joined the lawsuit naming Governor Terry Branstad and Department of Human Services Director Chuck Palmer.

The Branstad administration announced plans in January to close two of Iowa’s four in-patient mental health facilities. State legislators were neither consulted nor notified in advance. The Department of Human Services started winding down operations well before the end of the 2015 fiscal year. Democrats fought to include funding for the Clarinda and Mount Pleasant institutes in the budget for the current fiscal year, but Branstad item-vetoed the appropriation. The lawsuit contends that closing the facilities violates Iowa Code, which holds that the state “shall operate” mental health institutes in Mount Pleasant and Clarinda. The governor’s communications director told KCCI that AFSCME’s leader in Iowa “is resistant to change” and that the closed “centers were not suited to offer modern mental health care.”

The Iowa legislature’s decision next year on whether to fund the Clarinda and Mount Pleasant facilities will be critically important. The Iowa Supreme Court recently dismissed the lawsuit challenging the closure of the Iowa Juvenile Home in 2014, without considering the merits of that case, on the grounds that the legislature made the issue “moot” by no longer appropriating state money to operate that facility. By refusing to include funding for the two closed mental health institutes in the budget for fiscal year 2017, Iowa House Republicans could bolster the Branstad administration’s efforts to defeat the lawsuit filed today.

UPDATE: Added more speculation about this lawsuit’s prospects below.

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.

Governor Terry Branstad did not succeed in changing the health insurance benefits available to most of the 20,000 state employees covered by the American Federation of State, County and Municipal Employees (AFSCME). However, the governor managed to block across-the-board salary increases for state workers during the next two fiscal years.  

Governor Terry Branstad’s administration and labor unions representing public employees have virtually no chance of reaching agreement on a new two-year contract, judging from the proposal Branstad’s lead negotiator presented to the American Federation of State, County and Municipal Employees Council 61 on Friday.

AFSCME Iowa Council 61 filed a prohibited practice complaint yesterday with the Iowa Public Employment Relations Board, charging that Governor Terry Branstad disregarded Iowa’s collective bargaining law when he signed an executive order allowing state employees to contribute to their health insurance premiums.

Governor Terry Branstad confirmed earlier this week that employee contributions to health insurance premiums will be a major battleground during the next round of contract negotiations with unions representing state workers.  

The Iowa Supreme Court ruled unanimously today that Governor Terry Branstad impermissibly used his line-item veto to strike language about Iowa Workforce Development field offices without vetoing the money allocated to fund those offices.

UPDATE: Added Branstad’s reaction below as well as statements from Iowa House and Senate Democrats.

Polk County District Court Judge Brad McCall has upheld a legal challenge to Governor Terry Branstad’s veto of language intended to keep Iowa Workforce Development offices open across the state. Excerpts from the court ruling and background on the controversy are after the jump.

AFSCME Iowa Council 61 announced on December 22 that its membership overwhelmingly approved a new contract covering fiscal years 2012 and 2013. The vote means Governor-elect Terry Branstad will not be able to persuade state employees to accept a pay freeze in the name of budget austerity.

Details on the vote and more are after the jump.