Iowa State University economist Dave Swenson challenges the conventional wisdom on a hot political topic. -promoted by Laura Belin

The sky is falling and Midwest rural economies are in danger of collapse. So say the nation’s ethanol producers, corn farmers, and like-minded politicians.

Their collective fingers are pointing at the federal Environmental Protection Agency’s granting of 31 waivers to U.S. refineries lowering the amount of biofuels they are required to blend into the petro-fuels they distribute. The waivers, the stakeholders claim, are the cause of a string of biorefinery closings and idlings.

Working through this, however, does not lead one to necessarily conclude that the infamous 31 waivers are the chief culprits.

A new plaintiff is challenging the validity of Iowa’s law changing the composition of the State Judicial Nominating Commission and shortening the term of the Iowa Supreme Court chief justice. Attorney Thomas Duff filed suit in Polk County District Court earlier this month, citing the same three points a separate lawsuit raised in May:

Less than four months after persuading Attorney General Tom Miller to cede some of his power to her, Governor Kim Reynolds has already denied ten requests to sign Iowa on to multi-state legal actions related to federal or state policies on gun safety, immigration, environmental regulation, and reproductive or LGBTQ rights.

During the same time frame, Reynolds has approved five requests to join multi-state efforts on consumer protection, drug policy, or to help Iowa obtain a share of negotiated settlements.

Multiple Iowa Supreme Court justices spoke with Iowa House Republicans shortly before GOP lawmakers approved a bill that gave the governor more influence over the judicial selection process and shortened the chief justice’s term.

But only Chief Justice Mark Cady disqualified himself from considering the legal challenge to that law’s validity, and only Cady has been transparent about his communications on the issue with legislators and staff for Governor Kim Reynolds.

Justice Thomas Waterman and Justice Edward Mansfield appear to have pushed for the bill’s passage and stand to benefit from electing a new chief justice in 2021. Yet neither recused himself from hearing the case. Nor have they revealed their contacts with Republican legislators or the governor’s legal counsel Sam Langholz, despite a judicial rule calling for disclosure of information relevant to a recusal motion.

Service cuts to Iowans with disabilities under privatized Medicaid prompted a 2017 lawsuit, became a central theme of the 2018 governor’s race, and were a featured problem in an annual report from the state ombudsman.

Yet in a meeting with advocates last week, Governor Kim Reynolds’ health policy adviser said she is unaware of major problems for patients trying to obtain essential services.

This commentary was a group effort by Upgrade Medicaid organizers Jenn Wolff, Shelley Jaspering, Kyle Spading, Elaine Gartelos, Tucker Cassidy, and Evan Schultz. -promoted by Laura Belin

Thousands of disabled Iowans rely on Long Term Support Services through Medicaid. Those services were designed to provide daily living assistance for individuals to maintain normal lives in their homes.

Because of Medicaid privatization, some individuals have been forced to consider nursing home placement, which is typically more expensive than community living.

Labor Day should be about celebrating the many successes of the labor movement. The Economic Policy Institute has found, “On average, a worker covered by a union contract earns 13.2 percent more in wages than a peer with similar education, occupation, and experience in a nonunionized workplace in the same sector.20 This pay boost was even greater in earlier decades when more American workers were unionized.”

The percentage of U.S. workers represented by a labor union is lower now than at any point since World War II. That trend is among the factors contributing to income inequality not seen in this country since the 1920s.

Labor Day traditionally marks the beginning of the most intense phase of campaigning in election years. This holiday is also a good time to review the state of play in races for federal offices in odd-numbered years. Though new candidates could emerge at any time before Iowa’s March 2020 filing deadline–Patty Judge was a late arrival to the Democratic U.S. Senate field in 2016–it’s more typical for federal candidates here to kick off their campaigns by the end of summer the year before the election.

Thanks to Iowa’s non-partisan redistricting system, all four U.S. House races here could be competitive in 2020, and our Senate race is on the map–in contrast to 2016, when Senator Chuck Grassley’s re-election was almost a foregone conclusion.

Former Iowa Department of Human Services Director Jerry Foxhoven has filed claims of “wrongful discharge in violation of public policy” against the state of Iowa as well as against Governor Kim Reynolds, the governor’s chief of staff Sara Craig Gongol, and the governor’s senior legal counsel Sam Langholz. I enclose below the documents Foxhoven’s attorney Thomas Duff submitted to the State Appeal Board on August 29. They are consistent with Foxhoven’s earlier remarks to the media about events preceding his resignation in June.

Governor Kim Reynolds promised during last year’s campaign to resume weekly press conferences if elected. But 34 weeks into 2019, the governor has held only fourteen press conferences this year.

In addition, the governor’s office has not posted video of Reynolds answering questions from journalists on any publicly accessible platform since December. That’s a departure from past practice.

Governor Kim Reynolds’ office requested and received a $200,000 budget increase for the current fiscal year, telling key Republican lawmakers the funding would cover health and tax policy analysts. Both positions have now been filled.

“Now these are shirts!”, Governor Kim Reynolds posted on her political Facebook page on August 12, next to a picture of herself with two Iowa State Fair-goers.

The shirts she found appealing sent a clear message: real Americans and military service members are Christians.

Former Iowa Department of Human Services director Jerry Foxhoven revealed more details about his wrongful termination claim on August 1. He asserts that he was fired after expressing concern about the DHS continuing to pay a large share of the salary for the governor’s deputy chief of staff, Paige Thorson.

As Bleeding Heartland reported last week, Thorson worked extensively on Medicaid-related issues for some time, but she became less involved with the DHS this spring, as Governor Kim Reynolds brought on a new health policy adviser.

Foxhoven and his attorney Tom Duff released a written statement and answered many follow-up questions during a 45-minute news conference. Radio Iowa posted the full audio. The questions and answers below are not a transcript from the conference, but rather my effort to put information about Foxhoven’s case in context for readers.

Jerry Foxhoven will pursue legal action claiming retaliation and wrongful termination as director of the Iowa Department of Human Services, Ryan Foley was first to report for the Associated Press on July 31. His attorney, Tom Duff, told the AP

that Foxhoven objected to a request to continue to have his agency fund most of the salary of the governor’s deputy chief of staff, Paige Thorson. Duff says that Foxhoven believed the arrangement made sense when he approved it in 2018. But he said that, by June, Foxhoven believed Thorson was no longer furthering the agency’s interests.

Duff plans to release a more detailed statement at an August 1 news conference, his office told Iowa reporters today.

As Bleeding Heartland discussed here, Thorson had handled health policy for the governor’s office since late 2017, but Governor Kim Reynolds brought Liz Matney over from the DHS this spring to be her health policy advisor.

The Iowa Civil Rights Commission’s interim executive director stepped down last week, following an extended period of uncertainty for the agency charged with enforcing the Iowa Civil Rights Act.

Linda Grathwohl did not explain her decision in the letter she delivered to Governor Kim Reynolds on July 11. In an e-mail to the commission’s staff the same day, Grathwohl didn’t specify any reason for leaving, saying she planned to return to Iowa Legal Aid once her resignation was effective on July 25. Attempts to reach Grathwohl for further comment by phone, e-mail, and Facebook message were unsuccessful.

Nearly seven months have passed since Grathwohl’s predecessor, Kristin Johnson, left at the end of her term. Reynolds has not appointed a permanent executive director, and correspondence obtained by Bleeding Heartland through a public records request shows little sign the governor or her staff are interested in the agency’s work.

U.S. Senator Joni Ernst made headlines in Iowa and national media this week when she told reporters on a conference call she “will not be endorsing anyone” for the Republican nomination in the fourth Congressional district.

Strictly speaking, her announcement wasn’t news. Within days of State Senator Randy Feenstra’s campaign launch in January, Ernst said she didn’t plan to endorse in the IA-04 primary, Bret Hayworth reported for the Sioux City Journal at the time.

Many commentators have viewed Ernst’s distancing as a political blow to King, whom she enthusiastically endorsed the first time he faced a GOP primary challenger. Similarly, Governor Kim Reynolds and Senator Chuck Grassley backed King in that 2016 race but have vowed to stay neutral before next June’s primary.

While King would surely welcome the backing of Republican heavyweights for what may be the toughest race of his career, Feenstra likely needs that boost more.

Jerry Foxhoven has shed more light on the disagreement that preceded his forced departure as Iowa Department of Human Services director last month. On July 24 he told David Pitt of the Associated Press “that he declined to approve paying the salary of Elizabeth Matney, who left DHS on May 17 to accept a job as Gov. Kim Reynolds’ adviser on health policy.”

Staff for Reynolds disputed Foxhoven’s account, saying he never raised concerns about covering Matney’s salary and wasn’t fired for that reason. They also noted that for many years, state agencies including DHS have occasionally paid employees working in the governor’s office.

Foxhoven’s aware of that precedent, having signed some of the relevant documents himself. So why would he question the legality of this arrangement? The former director’s comments to reporters and records obtained by Bleeding Heartland provide some clues.

Heather Nahas will leave a senior position at a large Iowa health system next month to become the first public relations manager for Governor Kim Reynolds.

Editor’s note: Bleeding Heartland’s coverage of this story continues here and here.

Governor Kim Reynolds didn’t want the public to learn why she forced out Jerry Foxhoven as director of the Iowa Department of Human Services. The vague official narrative about Foxhoven’s unexpected departure remained intact for a month.

But the ground shifted last week. As further details emerge, the governor and her top staff will have more explaining to do.

A Polk County District Court has ruled that transgender Iowans must exhaust all administrative remedies before challenging in court a new state law designed to prevent Medicaid from covering gender-affirming surgery.

In a July 18 order dismissing the ACLU of Iowa’s lawsuit on behalf of Mika Covington, Aiden Vasquez, and the LGBTQ advocacy group One Iowa, Judge David Porter wrote that the plaintiffs seeking surgery “have an adequate remedy at law” and that their case “is not ripe for judicial consideration.”

In other words, Covington and Vasquez must jump through hoops that will take many months, possibly years, before any court can consider their claim that denying Medicaid coverage for medically necessary procedures violates their constitutional rights.

Porter’s decision ignored evidence pointing to the law’s discriminatory intent as well as its impact on the plaintiffs.

One of Iowa’s most prominent social conservatives has compounded U.S. Representative Steve King’s political problems.

Bob Vander Plaats worked closely with King during the 2010 campaign to oust three Iowa Supreme Court justices, and the two were among Senator Ted Cruz’s top Iowa supporters before the 2016 caucuses.

But Vander Plaats just endorsed King’s leading GOP primary rival.

Democrat Ross Wilburn will be unopposed in the August 6 special election to represent Iowa House district 46. The deadline to file nominating papers was on July 12 at 5:00 pm, and Wilburn is the only name on the Iowa Secretary of State’s candidate list.

A spokesperson for the Republican Party of Iowa told the Des Moines Register’s Stephen Gruber-Miller that the GOP would not field a candidate for the special election, but did not indicate why. The Libertarian Party of Iowa also declined to compete for this district; Libertarians have occasionally nominated candidates in House district 45, covering other Ames neighborhoods.

In all likelihood, Wilburn would have won this election regardless of the timing or the competition, given the political layout of House district 46. The strongest potential GOP candidate, Ames City Council member Tim Gartin, took himself out of the running early, and several Democratic presidential candidates have either headlined events for Wilburn or had their staff help knock doors for him.

If Republicans weren’t planning to play for this seat, it was exceptionally foolish for Governor Kim Reynolds to set the election on the first Tuesday allowed under state law. She could have scheduled the vote for late August or September, when most Iowa State University students would be back in Ames.

All Reynolds accomplished by picking August 6 was reinforcing the narrative that she doesn’t care about constituents who don’t politically align with her. She could have shown her commitment to fair play by picking a day that would give more House district 46 residents a voice. Instead, she used the levers of power to depress Democratic turnout–for nothing.

Governor Terry Branstad and then Lieutenant Governor Kim Reynolds promised endlessly that privatizing Medicaid would make the system more “sustainable.” The talking point became a crutch for Governor Reynolds whenever she faced questions about problems privatization has created for patients, caregivers, and health care providers.

The old state-run Medicaid system wasn’t sustainable, Reynolds told reporters again and again. The new system was becoming more sustainable, she claimed during all three debates against her 2018 opponent Fred Hubbell.

The latest reality check arrived on July 10. For the second year in a row, for-profit companies that manage care for hundreds of thousands of Iowans on Medicaid will receive more than an 8 percent increase in government payments.

Brian Fallon of Demand Justice: “Progressives need to hold Democrats accountable for their role in aiding and abetting Trump’s takeover of our courts and insist on a more aggressive response.” -promoted by Laura Belin

Our democracy is broken, and the Republican capture of the Supreme Court is a major reason why.

Over the last two decades, decisions like Bush v. Gore, Citizens United, and Shelby County v. Holder have betrayed the principle of “one person, one vote” and undermined confidence that our elections are truly free and fair.

With its decision this term in a high-profile gerrymandering case, the Republican majority on the court has gone further still, effectively given a green light to the partisan redrawing of maps.

Des Moines freelance writer John Morrissey digs into how a well-connected company landed a lucrative state contract. Laura Belin contributed reporting to this story.

Four months after being awarded a contract to administer Iowa’s worker’s compensation program for state employees, a politically connected West Des Moines company has apparently not come to terms with the state to continue its work.

Sedgwick Claims Management Services LLC was selected in early March to keep handling the program, even though a competitor achieved a better score on three cost proposal items. The state will pay Sedgwick $7.9 million in administrative costs over six years. Runner-up bidder TRISTAR Risk Enterprise Management LLC offered to do the work for a little more than $6 million, a potential savings of nearly $1.9 million over the contract period.

The Iowa Department of Administrative Services (DAS) provided copies of all submitted bids for the current and previous bid cycles upon receiving John Morrissey’s public records request. But the department has declined further comment about the award and refused to clarify the scoring system or other matters related to this bid process. The new DAS director Jim Kurtenbach did not respond to a request for an interview about this matter.

Sedgwick’s bid contact officer referred questions to several state officials and the company’s public relations office. That office also did not respond to Bleeding Heartland’s inquiry.

“Leaders vow to keep Iowa’s redistricting system,” declared the headline above Rod Boshart’s latest article for the Cedar Rapids Gazette and other large newspapers.

But did Governor Kim Reynolds and top Republican lawmakers really make that promise? And could they gerrymander our state in 2021 without altering the current process?

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Scandals in the Waukee Community School District inspired new protections for whistleblowers in state and local government bodies, which took effect at the start of the 2020 fiscal year on July 1.

Continuing Bleeding Heartland’s coverage of the Iowa legislature’s work during the 2019 session.

Iowa’s environmental community had something to celebrate when state lawmakers adjourned for the year without passing legislation that would crush small-scale solar development. An unusual coalition including solar installers, environmental groups, and livestock farmers helped keep the bill bottled up in the Iowa House despite intense lobbying by MidAmerican Energy and its allies, along with massive spending by undisclosed donors.

Unfortunately, lawmakers approved and Governor Kim Reynolds signed several other measures that will be detrimental for Iowa’s natural resources and take our state’s energy policy in the wrong direction. The new laws take effect today, as the 2020 fiscal year begins.

Ross Wilburn will be the Democratic candidate in the August 6 election to represent Iowa House district 46. Delegates to a special nominating convention in Ames on June 29 chose Wilburn on the second ballot.

The former Iowa City mayor, who has worked for Iowa State University Extension and Outreach since 2014, recently told Bleeding Heartland that if elected to the state House, he wants to address problems with privatized Medicaid, climate change, and gun violence. Other priorities for Wilburn are strengthening public school districts, restoring collective bargaining rights for public workers, and making Iowa more welcoming and inclusive for marginalized groups such as the LGBTQ community, people of color, veterans, and people with disabilities.

Governor Kim Reynolds announced last week that Jim Kurtenbach will be the new director of the Iowa Department of Administrative Services (DAS), effective July 1. Paul Trombino has held that position on an interim basis for about a month, after the Iowa Senate did not confirm previous DAS Director Janet Phipps.

Tapping Kurtenbach for this job was a strange choice. The agency has broad responsibility for human resources, procurement, and accounting on behalf of the state. Sexual harassment or discrimination by senior officials has led to several lawsuits against the state and millions of dollars in settlements in recent years. Yet not only does Kurtenbach lack relevant experience in the HR field, his hiring and managerial decisions as Iowa State University’s vice president and chief information officer were far from a model for best practices.

For the second time this year, voters in a college town will elect a new Iowa lawmaker when most students are not on campus. Governor Kim Reynolds announced today that the special election in House district 46, covering part of Ames, will take place on Tuesday, August 6.

The College and Young Democrats of Iowa quickly denounced the decision: “Anyone else having some déjà vu with the timing of this special election? @KimReynoldsIA is once again denying students – many who will not be on campus until late Aug. – the chance to vote in the IA House district they heavily occupy.”

Whereas Reynolds clearly tried to suppress student and faculty voting by scheduling the Senate district 30 special election during the University of Northern Iowa’s spring break, the timing of the coming vote in Ames is arguably consistent with standard Iowa practice.

However, the governor could have and should have set the date a few weeks later, allowing greater participation by Iowa State University stakeholders.

Elizabeth Matney, who has led the Iowa Medicaid Bureau of Managed Care since the state began privatizing nearly the whole program in 2015, is leaving the Department of Human Services to become Governor Kim Reynolds’ health policy advisor, Matney’s LinkedIn profile shows. Her starting date is unclear; the governor’s office has not announced Matney’s hiring or responded to Bleeding Heartland’s inquiries on the subject. A DHS organizational chart dated June 17 still shows Matney as bureau chief for MCO Oversight & Supports, the state’s leading official for overseeing the private companies picked to manage care for more than 600,000 Iowans on Medicaid.

When the new fiscal year begins on July 1, the governor’s office will receive additional funding for staff, so Matney’s work for Reynolds may formally begin at that time. The governor’s previous health policy advisor, Paige Thorson, appears to be staying on as deputy chief of staff, meaning that new funds would be needed to pay Matney (the governor’s staff have not clarified that point).

Jerry Foxhoven has resigned as Iowa Department of Human Services director, effective today, Governor Kim Reynolds’ office announced on June 17. The news release did not give a reason for Foxhoven’s departure. Staff for DHS and the governor did not immediately respond to questions including:

Democratic State Senator Claire Celsi has extensive experience in the public relations field. -promoted by Laura Belin

As ranking member of the Iowa Senate’s Administration and Regulation Appropriations Subcommittee, I was supposed to be privy to budget requests from state agencies, including the governor’s office. Unfortunately, Governor Kim Reynolds refused our committee’s request to appear in person to explain why they were requesting a 10 percent increase in their budget while requesting a “status quo” budget from all other state departments.

Since our committee’s process was prematurely cut short by Committee Chair Representative John Landon, I attempted to go through staff back channels to find out what the $200,000 increase would be used for. I was told that Reynolds had requested the hiring of two analysts, one for tax policy and one for healthcare policy. I thought those were perfectly reasonable requests, since both areas have been so completely botched by Republicans in the past three years. But I still wondered why no one would come to our committee meeting to explain the request.

Now we have the answer. Turns out, the governor is planning to hire a “public relations manager.” I have some advice for the new staff member, based on my years of experience in public relations, brand management and communications. Some of my former clients were state agencies, so I know the demands they will be facing.

Governor Kim Reynolds asked for and received a nearly 10 percent budget increase for her office operations during the fiscal year beginning on July 1, with a view to hiring two additional full-time employees. Republican lawmakers told members of the Iowa House and Senate the extra funding was for analysts to focus on health policy and tax policy.

This week the governor’s office posted a new job listing on a state government website. Instead of seeking a health or tax policy analyst, the governor is hiring a full-time “public relations manager” to coordinate messaging about her initiatives.

Two transgender Iowans and an LGBTQ advocacy group are challenging the new statute intended to deprive transgender people of Medicaid coverage for gender-affirming surgery. The ACLU of Iowa filed suit in Polk County District Court on May 31 on behalf of Aiden Vasquez, Mika Covington, and One Iowa.

Listening to the plaintiffs explain why they took this step, I was struck by the contrast between their heartfelt, compelling words and Governor Kim Reynolds’ heartless, clueless excuses for signing discrimination into law.

Governor Kim Reynolds made headlines last week with two vetoes: blocking language targeting the attorney general, and rejecting a medical cannabis bill that had strong bipartisan support in both chambers.

A provision she didn’t veto drew little attention. For the foreseeable future, it will prevent Iowa courts from using a tool designed to make the criminal justice system more fair to defendants of all races and income levels.

Reynolds should appreciate the value of the Public Safety Assessment (PSA), since she works closely with two former State Public Defenders: Lieutenant Governor Adam Gregg and the governor’s senior legal counsel Sam Langholz. But last year she ordered a premature end to a pilot program introducing the tool in four counties. The governor’s staff did not reply to repeated inquiries about the reasoning behind Reynolds’ stance on this policy.

Notably, the owner of Iowa’s largest bail bonding company substantially increased his giving to GOP candidates during the last election cycle, donating $10,100 to the governor’s campaign and $28,050 to Republicans serving in the state legislature.

A new state law denying sex education funding to Planned Parenthood will likely be found unconstitutional, a Polk County District Court has determined.

Judge Joseph Seidlin issued a temporary injunction to block new statutory restrictions on Planned Parenthood of the Heartland’s access to government sex education grants. His order, enclosed in full below, found Planned Parenthood would suffer “irreparable harm” if the law took effect. State agencies are due to announce fiscal year 2020 recipients for the Community Adolescent Pregnancy Prevention and Services Program (CAPP) and the Personal Responsibility Education Program (PREP) on May 31.

In addition, the court’s order stated Planned Parenthood was “likely to succeed on the merits of its equal protection claim” under the Iowa Constitution, since the law contains an exemption for a “nonprofit health care delivery system” that provides abortions in some locations.

Bleeding Heartland continues to catch up on the legislature’s significant actions during the session that ended on April 27. Previous posts related to the work of the Iowa House or Senate can be found here.

Republicans showed little interest in amending the Iowa Constitution during the 2019 session. Only one amendment passed both chambers. If and when that proposal appears on a statewide ballot, it will spark a costly and divisive campaign about gun rights and regulations.

The Senate and House debate over the pro-gun amendment is the focus of the first half of this post. Arguments raised on both sides will surely return in future television commercials and mass mailings.

The rest of the post reviews this year’s unsuccessful attempts to change the constitution. One amendment (backed by Governor Kim Reynolds) made it through the Iowa House, and four others advanced from a House or Senate committee but did not come up for a floor vote. The rest did not get through a committee, even though some of the same ideas went further last year.

Carl Olsen analyzes the big news the governor tried to bury in a pre-holiday weekend news dump. He has been a leading advocate for medical cannabis in Iowa for many years and closely follows legislative happenings related to the issue. -promoted by Laura Belin

Governor Kim Reynolds vetoed House File 732 on May 24. The bill passed by overwhelming bipartisan majorities in both legislative chambers: 96 to 3 in the Iowa House and 40 to 7 in the Iowa Senate. The full text of the governor’s veto letter is enclosed at the end of this post.

This is a tough issue for me to write about. I totally agree with the governor’s logic. At the same time, I am disappointed with the outcome.