Once upon a time, Governor Kim Reynolds postured as an advocate for mask wearing to reduce community transmission of COVID-19. Although she never consistently masked up when near others, and often sent mixed messages about whether face coverings were advisable for everyone or mainly for vulnerable people, she appeared in videos last year that promoted masks as one way to “step up and stop the spread.”

The governor stopped touting masks some months ago. In recent interviews and public appearances, she has claimed it’s not clear whether face coverings reduce virus transmission in schools, and has asserted that masks can harm children.

The Iowa Department of Public Health has similarly retreated from recommending masks as part of a layered COVID-19 mitigation strategy. The governor’s staff have micromanaged the public health agency’s communications with the media since the earliest days of the pandemic. At Reynolds’ latest news conference, she and a staff member intervened twice to stop IDPH Director Kelly Garcia from answering questions about the benefits of masks.

Some 524 Iowans were hospitalized with COVID-19 as of September 1, according to the latest available figures on Iowa’s official coronavirus website. The first time pandemic hospitalizations reached that level here was in late October 2020. Before this week, the last time Iowa marked seven straight days with more than 500 people being treated for coronavirus in the hospital was in early January.

Governor Kim Reynolds put a positive spin on recent trends during a news conference on September 2. The same morning, Dr. Lance VanGundy, an emergency room physician at UnityPoint’s Marshalltown hospital, posted a weary assessment of the current situation on his Facebook feed.

“I believe that parental control is local control,” Governor Kim Reynolds told WHO-TV’s Dave Price earlier this month. “I think you’re going to see some interesting school board races this year also,” she added with a smirk.

This past weekend, Reynolds recounted how she “strategized” with Ankeny parent Sarah Barthole last year to force Iowa schools to abandon hybrid models, which allowed for social distancing in classrooms.

Bruce Lear discusses some questionable state and local decisions on how to use federal COVID-19 relief dollars. -promoted by Laura Belin

When I was in college, I came down with a bad case of sophomore smugness. In the middle of what I thought was a brilliant rant, my dad reminded me, “There is a reason you have two ears and only one mouth. Consider using them in proportion.” He was right.

As federal COVID-19 relief funds flow to local and state governments, there has been little listening and a whole lot of group-think and group-speak. After all, the only thing harder than cutting a budget for politicians is deciding how to spend one-time, unexpected money poured into their coffers. 

Republican leaders in the Iowa House and Senate declined this year to require face coverings, social distancing, or other COVID-19 mitigation practices in the state capitol. Governor Kim Reynolds and her staff have been spreading misinformation and casting doubt about whether masks reduce coronavirus transmission in schools.

But one branch of state government is following the recommendations of top scientists at the U.S. Centers for Disease Control.

Iowa Supreme Court Chief Justice Susan Christensen signed an order on August 27 stating that “All people entering court-controlled areas must wear a face covering,” even if they have been fully vaccinated for COVID-19.

Governor Kim Reynolds loves to boast that Iowa “led the way” in bringing kids back to school during the COVID-19 pandemic, “and we did it safely and responsibly.” The talking point was debatable last year, since Iowa’s new cases and hospitalizations began surging several weeks after schools reopened.

It’s laughable now, as Iowa schools prepare to welcome kids back this week. While the Delta variant has caused spikes in pediatric cases and hospitalizations where schools are already in session, Reynolds and leaders of Iowa’s education and public health departments have blocked nearly every practice that helped reduce COVID-19 spread in schools last year.

Governor Kim Reynolds’ senior legal counsel Michael Boal has belatedly provided a copy of former Iowa Veterans Home Commandant Timon Oujiri’s termination letter. On May 10, Bleeding Heartland asked the governor’s office and the Iowa Veterans Home for records showing the “documented reasons and rationale” for Oujiri’s dismissal, which Reynolds’ staff had recently confirmed.

Boal, who is the records custodian for the governor’s office, did not acknowledge receipt of the request at that time. He also ignored follow-up emails on June 30 and July 23, as did the governor’s chief of staff Sara Craig Gongol and spokesperson Pat Garrett, whom I copied on that correspondence. Staff at the veterans home likewise did not provide any responsive records.

Republican lawmakers intended to prohibit schools, cities, and counties from requiring masks when they amended an education bill on the final day of the legislature’s 2021 session. But House File 847, which Governor Kim Reynolds rushed to sign within hours of its passage, was not well crafted to accomplish that goal.

An apparent drafting error opened the door for the mask order Iowa City Mayor Bruce Teague announced on August 19, with the full support of the city council.

Governor Kim Reynolds’ office has flouted Iowa’s open records law since the earliest weeks of the COVID-19 pandemic. Now the governor and her senior legal counsel Michael Boal are facing two lawsuits filed by a Utah attorney seeking records related to Iowa’s pandemic response.

As first reported by Ryan Foley of the Associated Press, Suzette Rasmussen filed suit in Polk County District Court on August 12, after the governor’s office failed to provide correspondence about the Test Iowa program, first requested five months earlier.

One lawsuit stems from Rasmussen’s efforts to obtain “all correspondence regarding the Nomi Health COVID-19 contracts from March 1, 2020, through March 11, 2021.” The other request was for correspondence between Reynolds, her staff, and Utah Governor Gary Herbert and his staff regarding the test kits and contracts associated with NOMI Health. NOMI signed no-bid contracts to set up the Test Utah program and later Test Iowa.

Rasmussen sued the Iowa Department of Public Health in late July for failing to provide emails related to Test Iowa. She represents the Jittai group established by Paul Huntsman, who chairs the board of the Salt Lake Tribune newspaper. Jittai has filed hundreds of records requests in Utah, Iowa, Nebraska, and Tennessee, all of which signed no-bid contracts to create COVID-19 testing programs.

The Iowa Ethics and Campaign Disclosure Board will not ask the state legislature to limit the practice of candidates automatically opting donors into recurring contributions.

No one suggested new campaign finance regulations when board’s six members discussed 2022 legislative proposals during an August 12 meeting.

Republicans nominated Iowa Department of Management Director Michael Bousselot this weekend to be their candidate in the September 14 special election to represent Iowa House district 37. Bousselot received about 75 percent of the vote on the first ballot; one of his two rivals for the nomination withdrew his candidacy before convention delegates voted.

Bousselot did not respond to phone or email messages on August 13 asking whether he would take a leave of absence from his day job, assuming he won the GOP nomination for the special election. But he and Democratic candidate Andrea Phillips are clearly ready to devote substantial time and energy to the abbreviated campaign.

House district 37 was among the most expensive state legislative races in 2020; Democrats spent nearly $800,000 on behalf of Phillips, while Republicans spent about $575,000 defending State Representative John Landon, who passed away in late July.

The Iowa Ethics and Campaign Disclosure Board unanimously found that Governor Kim Reynolds did not violate a state ban on “self-promotion” last year when she appeared in advertisements promoting COVID-19 safety measures.

The board reviewed the “Step Up, Stop the Spread” online and television ad campaign, funded through federal COVID-19 relief dollars, after State Auditor Rob Sand asserted in a report that Reynolds violated a state law prohibiting “self-promotion with taxpayer funds.”

The Iowa Ethics and Campaign Disclosure Board on August 12 formally closed its investigation of Heritage Action for America, after finding no evidence the national conservative group lobbied Governor Kim Reynolds’ office earlier this year.

The board, which is charged with enforcing state laws on lobbying the executive branch, authorized executive director Mike Marshall in May to review possible undisclosed lobbying by Heritage Action. Mother Jones had recently published video of the group’s leader bragging to donors about working “quickly” and “quietly” to help write Iowa’s new election law.

Tanya Keith: Who will step up for my child who is too young to be vaccinated?

Since I wrote last week asking if Governor Reynolds would be willing to put kids’ well-being ahead of politics, I have seen a shift in the order of the universe. So many parents offered words of support, a group of women began organizing a “Safe at School Sit In” for next week, and I started the Facebook group “Iowans for Universal Masks In Schools.”

Iowans did such a great job reaching out to elected leaders that one called me today to ask if they could pass along my contact information to parents who have inundated their office with requests to end the ban on mask mandates. More than 650 people have joined the Facebook group In a little more than 24 hours.

That’s a good start for week 1, but yesterday my son reported that only about 20 percent of the kids at his high school orientation were wearing masks. I recently learned of COVID-19 outbreaks at two Metro Kids Des Moines Public Schools daycare facilities. These things are already happening and school doesn’t start for almost another three weeks.

In an unusual move, Governor Kim Reynolds is allowing two state agency directors she appointed early this year to continue serving through next year’s legislative session, even though they lacked the votes to be confirmed by the Iowa Senate.

Reynolds withdrew the nominations of Department of Management Director Michael Bousselot and Department of Administrative Services Director Adam Steen shortly before state lawmakers adjourned for the year in May. Days later, she rejected the directors’ resignations, saying she would resubmit their names to the Senate in 2022, documents obtained through public records requests show.

The governor’s office has not publicly announced Reynolds’ decision to hold over Bousselot and Steen and did not respond to Bleeding Heartland’s inquiries.

The Department of Management handles state budget planning as well as disbursements from Iowa’s general fund and various other funds. The Department of Administrative Services handles human resources, payroll, and procurement of goods and services for state government.

An attorney representing the board chair of the Salt Lake Tribune has sued the Iowa Department of Public Health (IDPH) and its records custodian for failing to provide email correspondence related to the $26 million Test Iowa program.

Paul Huntsman confirmed on July 30 that the lawsuit Suzette Rasmussen filed in Polk County the previous day is part of his Jittai initiative. The Tribune’s board chair recently created Jittai in order “to learn more about TestUtah and its sister programs” created through similar no-bid contracts in Iowa, Tennessee, and Nebraska. Florida also implemented parts of the program.

According to the court filing, which is posted in full below, Rasmussen wrote to Sarah Ekstrand in March seeking “copies of all correspondence between the Iowa Department of Public Health, including but not limited to Interim Director Kelly Garcia, and the Iowa Governor’s Office, Utah state officials, Nebraska state officials, and Tennessee state officials regarding the Test Iowa Contract” from March 1, 2020 to March 11, 2021.

Staff in the governor’s office and Iowa Veterans Home declined to clarify why Governor Kim Reynolds fired the home’s Commandant Timon Oujiri in early May, and for months did not respond to public records requests related to Oujiri’s removal.

The mystery was revealed on July 29, when State Auditor Rob Sand released a special report showing Oujiri had received $105,412.85 in improper compensation since June 2019, including $90,027.20 of unauthorized gross wages.

Concerned parent Tanya Keith reached out to Governor Kim Reynolds’ staff and interviewed infectious disease Dr. Megan Srinivas. -promoted by Laura Belin

Less than a month before school starts, Governor Kim Reynolds is putting politics ahead of my daughter’s life and well-being. I am one of the thousands of Iowa parents bearing the burden of having a child under 12, who is too young to be vaccinated against COVID-19.

Anyone following pandemic science updates has been fed a daily diet of rising concern. First, the World Health Organization recommended that all individuals mask inside, even if they are vaccinated. Then the American Academy of Pediatrics recommended that all K-12 students be masked, regardless of vaccination status. The U.S. Centers for Disease Control just echoed that guidance.

As an Iowa parent, I know that it is currently against the law for masks to be required at school. If you’re reading this from another state, that may sound bizarre, but I assure you it’s true. In May, Reynolds signed a bill in the middle of the night to ban mask mandates, so schools were left scrambling to come up with new policy days from the finish line of a grueling academic year.

As the more transmissible Delta variant causes COVID-19 cases to rise in all 50 states, the U.S. Centers for Disease Control changed its guidance for fully vaccinated individuals on July 27. The CDC now recommends that they “wear a mask indoors in public” in areas “of substantial or high transmission.” In addition, anyone living with unvaccinated or immunocompromised household members, or those at higher risk of severe disease, “might choose to wear a mask regardless of the level of transmission.”

Despite having no science background, Governor Kim Reynolds bashed the new guidance as “not grounded in reality or common sense.” Only a few hours earlier, she had absurdly suggested that immigrants entering Texas might be to blame for accelerating community spread of COVID-19.

Census survey data indicates that there was “no uptick in employment” in the twelve states that cut residents off from federal pandemic-related unemployment benefits in mid-June. However, residents of those states were more likely to report it was “somewhat difficult” or “very difficult” to pay for usual household expenses, compared to surveys conducted before the unemployment programs ended. 

Arindrajit Dube, an economics professor at UMass Amherst, published his findings on July 18.

Peter Fisher is research director for Common Good Iowa. -promoted by Laura Belin

The Iowa legislature recently made a very generous tax credit even more costly and more generous, at the same time expanding a boondoggle for wealthy taxpayers.

As that credit grows more expensive, the rest of the taxpayers must either pay more to make up the difference, or deal with a reduction in public school funding or other state services.

Governor Kim Reynolds approved plans last year to spend federal COVID-19 relief funds to upgrade the technology in her conference room, state records show.

The Office of Chief Information Officer (OCIO) paid vendor AVI Systems $67,543.48 in December for unspecified “IT Equipment and Software” and “IT Outside Services.” Published reports and searchable databases do not reveal that those purchases benefited the governor’s office. But documents Bleeding Heartland obtained through public records requests indicate that the spending covered new audio and video equipment installed in the Robert Ray Conference Room, which is part of the governor’s office suite.

Records also show the payments were supposed to come out of Iowa’s Coronavirus Relief Fund, a pot of federal money established under the March 2020 Coronavirus Aid, Relief and Economic Security (CARES) Act.

OCIO may have tapped a different funding source later to cover the conference room upgrade, as happened with a $39,512 project to migrate the governor’s office computers from Google suite to Microsoft Office 365 last year. Entries on the state’s online checkbook, totaling $67,543.48 to AVI Systems on the same December dates, do not mention the Coronavirus Relief Fund.

The governor’s spokesperson Pat Garrett ignored six inquiries over a two-week period. OCIO’s public information officer Gloria Van Rees also did not respond to eight messages during the same time frame seeking to clarify what funding stream paid for the conference room upgrades, and whether the governor’s office reimbursed OCIO for the payments to AVI Systems, as happened following the Office 365 migration.

Marty Ryan covers a new law that received little attention early this year. -promoted by Laura Belin

A private sector employee from Iowa goes across the border on a Friday after work to Illinois. His friends offer a blunt, and he takes a hit. He thinks nothing of it, because recreational use of pot is legal in Illinois. On his way home on Sunday, he realizes that there could be a random drug test early in the week. He’s heard marijuana will stay in his system for up to 30 days, so he purchases a package of fake urine at a vape shop.

Monday morning, he is asked to take a drug test. He manages to get the fake urine into the beaker without anyone seeing him.

Days later, a lab result indicates that he may have used fake urine. Depending on a union contract, an employee handbook, or company policy that has been posted conspicuously, the employee may be disciplined, or in a severe case terminated. Now, he can also be arrested for a simple misdemeanor.

State officials have not yet determined how an unprecedented deployment of 25 to 30 Iowa state troopers to Texas will be financed, Iowa Department of Public Safety spokesperson Debra McClung told Bleeding Heartland.

Governor Kim Reynolds announced on June 24 that she approved the Texas governor’s request for help in unspecified border security efforts. She’s authorized to do so under the interstate Emergency Management Assistance Compact.

While the Iowa National Guard has often been deployed to other states, this kind of work is beyond the scope of state troopers’ normal duties. McClung confirmed, “We are not aware of any Iowa State Patrol deployments outside of the state over the last 24 years since Iowa joined the EMAC.”

The Iowa Supreme Court will soon revisit one of the most politically charged questions of our time.

Last week a Johnson County District Court permanently blocked the state from “implementing, effectuating or enforcing” a law requiring a 24-hour waiting period before all abortions. Judge Mitchell Turner ruled the law unconstitutional on two grounds. The state is appealing the ruling and argues that a 2018 Iowa Supreme Court precedent, which established a fundamental right to an abortion under the Iowa Constitution, was “wrongly decided.”

Republican lawmakers planned for this scenario when they approved the waiting period during the waning hours of the 2020 legislative session. They may get their wish, but a reversal of the 2018 decision is not guaranteed.

Job searches are lower in states that were first to cut off federal pandemic-related unemployment benefits, compared to states that have continued to participate in those federal programs, according to analysis by Jed Kolko, the chief economist for the online jobs site Indeed.

Governor Kim Reynolds announced on May 11 that Iowans would cease to be able to collect the pandemic-related unemployment, effective June 12, putting Iowa among the first four states to end their participation in the federal programs. Tens of thousands of jobless Iowans were receiving a total of more than $30 million a week through the three discontinued programs. Iowa business groups and Republican politicians applauded the move, saying the extra unemployment benefits were holding back the economy by keeping people out of the workforce.

Kolko regularly tracks online job searches and found last month that “job search activity on Indeed increased, relative to the national trend, in states that announced they would end federal UI benefits prematurely.” However, “This increase was temporary, vanishing by the eighth day after the announcement. In the second week after the announcement, the state’s share of national clicks was no higher than it was during the late-April baseline.”

Kolko wrote on June 22 (emphasis added),

The Iowa Veterans Home is currently experiencing a COVID-19 outbreak. Families and guardians of loved ones living at the state-run facility in Marshalltown–the largest nursing home in Iowa–were notified on June 22 that four employees and five residents had tested positive that day. All lived or worked in the same building. An email sent on June 25 indicated that another resident in the same unit (Malloy 3) had tested positive, and all six affected residents were in the home’s COVID unit.

As of June 25, the long-term care dashboard on the state’s coronavirus website was showing eight positive cases and no recoveries at the Iowa Veterans Home within the last fourteen days.

The state website doesn’t break down how many cases have been identified among staff and how many among residents, or whether anyone has been hospitalized. Emails to relatives and guardians indicated that one Iowa Veterans Home resident was hospitalized on June 23 but had returned to the home by June 25.

UPDATE: In May 2023, the Iowa Supreme Court unanimously overturned a 2017 decision known as Godfrey II, which had laid the groundwork for Baldwin by allowing Iowans to sue the state over violations of their constitutional rights. Consequently, there is no longer any chance of the Iowa Supreme Court striking down this 2021 law. Original post follows.

“Iowa’s law enforcement will always have my respect, and I will always have their back,” Governor Kim Reynolds declared while signing Senate File 342 on June 17. Sections 12 through 16 of the wide-ranging policing bill establish a “qualified immunity” standard for Iowa. Effective immediately upon the governor’s signature, state employees or law enforcement officers who violate individuals’ constitutional rights can be sued only if their conduct violated “clearly established” law, such that “every reasonable employee would have understood” the act was illegal.

The provisions were crafted to match decades-old federal qualified immunity standards, and to override an Iowa Supreme Court ruling that was more favorable to Iowans whose rights have been violated by police.

The new law will almost certainly be challenged. And while the conservative majority on the Iowa Supreme Court often defers to other branches of government, the justices may find that Senate File 342’s language on qualified immunity is incompatible with the Iowa Constitution.

“If someone tasked you with making an exhaustive list of who could profit from carbon sequestration, this is what you would come up with,” tweeted Chris Jones, a research engineer at the University of Iowa who has written extensively about agriculture and water quality.

He was referring to the Carbon Sequestration Task Force, which Governor Kim Reynolds established through a June 22 executive order. In a written statement touting the initiative, Reynolds said Iowa “is in a strong position to capitalize on the growing nationwide demand for a more carbon free economy.” She will chair the task force, and Iowa Secretary of Agriculture Mike Naig will co-chair.

The task force looks like a textbook greenwashing effort: deploying concern about about “sustainability” and “low carbon solutions” as cover for policies that will direct public money to large corporations in the energy and agriculture sectors.

One tell: Reynolds did not involve any of Iowa’s leading environmental organizations, which have long worked to reduce carbon emissions.

Co-Diagnostics, the Utah-based company that provided hundreds of thousands of COVID-19 tests for the Test Iowa program, faced a U.S. Securities Exchange Commission (SEC) investigation last year, Andrew Becker exclusively reported for the Salt Lake Tribune on June 17. Nomi Health, which signed no-bid contracts to provide COVID-19 testing with Utah, Iowa, and Nebraska, subcontracted with Co-Diagnostics for polymerase chain reaction (PCR) tests.

Records obtained and sources interviewed by Becker indicated that Co-Diagnostics went to a small regional hospital in Utah to validate its PCR tests while seeking Food and Drug Administration approval, instead of using equipment at Utah’s Public Health Laboratory. Senior state officials pushed for allowing the tests to be used in the Test Utah program prior to FDA emergency use authorization. In addition, the FDA issued the emergency approval more quickly than expected, even though officials within the federal agency reportedly “had concerns because Co-Diagnostics tests were manufactured in China.” 

The SEC began asking Utah officials questions in late April, Becker’s reporting shows. That was a few weeks after Test Utah launched and one week after Governor Kim Reynolds announced her administration had partnered with the same Utah-based companies for Test Iowa.

Ira Lacher ponders growing diversity and anti-immigration sentiment.

I’m coming down off an incredible high — not from a substance I ingested but from a substance I viewed, specifically In the Heights, director John Chu’s cinematic interpretation of Lin-Manuel Miranda’s 2008 Tony Award-winning musical about the dwellers of the Washington Heights neighborhood of Upper Manhattan in New York City.

Many of those residents, and the actors, actresses, and dancers who portray them, are descended from Latino immigrants. Movies being what movies are, all of them display an energy that derives strength from their ancestry, whether from the Dominican Republic, Puerto Rico, Mexico, Ecuador, or other.

But regardless of “cinema o-verite,” that energy from the actual residents is real, and is pure American; the energy of hope, anticipation, and freedom.

The Iowa Ethics and Campaign Disclosure Board will review advertisements featuring Governor Kim Reynolds, which were funded through federal COVID-19 relief dollars.

The board’s executive director Mike Marshall told Bleeding Heartland on June 18 that some commercials from the “Step Up, Stop the Spread” campaign launched last November “are now under review by the Ethics Board.” Earlier this month, State Auditor Rob Sand asked the board to consider whether the ads violated Iowa’s law banning state officials from engaging in “self-promotion with taxpayer funds.”

Marshall said he anticipates the ethics board will discuss the matter in closed session at its next meeting, scheduled for August 12.

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

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

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

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

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

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

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

Governor Kim Reynolds has been lucky at key points in her political career. Terry Branstad passed over more experienced contenders to select her as his 2010 running mate, allowing a little-known first-term state senator to become a statewide elected official. Six years later, Donald Trump won the presidency and named Branstad as an ambassador, setting Reynolds up to become governor without having to win a GOP primary first.

Most important, Reynolds has enjoyed a Republican trifecta her entire four years as governor. Not only has she been able to sign much of her wish list into law, she has not needed to worry that state lawmakers would closely scrutinize her administration’s work or handling of public funds.

During the legislative session that wrapped up last month, the GOP-controlled House and Senate rejected every attempt to make the governor’s spending decisions more transparent. They declined to hold even one hearing about questionable uses of federal COVID-19 relief funds or practices at state agencies that disadvantaged thousands of Iowans.

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.

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.

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,