# Michael Boal



Iowa board review committee's "public input" was a farce

“It was a great day to hear from Iowans,” Department of Management Director Kraig Paulsen told reporters on September 6. He was speaking in his role as chair of Iowa’s temporary Boards and Commissions Review Committee, after nearly 70 people had testified about proposed changes to more than 100 state boards and commissions.

The two-plus hour public hearing created the impression that affected Iowans had ample opportunities to provide feedback in person. The committee is also accepting comments submitted via email (BCRCcomments@iowa.gov) through September 17.

Although some testimony or written comments may prompt the committee to tweak its plans for certain boards, the reality is that in many ways, Paulsen and other committee members prevented Iowans from offering meaningful input on the proposed changes.

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Exclusive: Iowa governor's office hides the ball on its own spending

Iowa House and Senate Republicans have agreed to increase the allocation for Governor Kim Reynolds’ office by more than 20 percent, even as many state agencies are receiving status quo budgets for fiscal year 2024, which begins on July 1.

Senate Appropriations Committee chair Tim Kraayenbrink acknowledged during floor debate on April 26 that Republicans do not know how the governor’s office plans to use an additional $500,000 standing appropriation for FY2024.

It was an extraordinary moment, but not a surprising one. For years, Reynolds’ staff have avoided disclosing how the governor’s office was covering expenses that greatly exceeded the funds allocated by the legislature, by nearly $900,000 in fiscal year 2020 and roughly the same amount in fiscal year 2021.

The Reynolds administration has also made it increasingly difficult to uncover details about the governor’s office spending through open records requests. Budget reports for fiscal year 2022, which ran from July 2021 through last June, were provided in a different format from previous years, concealing how much other state agencies provided to compensate Reynolds’ staffers. In response to a records request, the governor’s office claimed to have no invoices for such payments.

Nevertheless, documents obtained by Bleeding Heartland indicate that other state agencies contributed about $670,000 to cover salaries and benefits for Reynolds’ staffers during fiscal year 2022. The governor’s office was able to cover another $115,000 in expenses by continuing to understaff the Office of State-Federal Relations, for which other state agencies are charged a fixed fee.

In other words, even an additional $500,000 appropriation, bringing the governor’s office general fund budget to $2.8 million for the coming fiscal year, probably would not be enough to cover all expenses.

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Iowa Supreme Court rejects governor's attempt to dismiss open records claims

The Iowa Supreme Court has allowed an open records lawsuit against Governor Kim Reynolds to proceed. In a unanimous decision authored by Justice David May, the court said concerns about executive privilege or non-justiciable political questions did not prevent plaintiffs from pursuing a claim that the governor’s office violated the open records law, known as Iowa Code Chapter 22, by failing to provide public records in a timely manner.

The court also confirmed that government officials and entities cannot sidestep the law’s requirements by ignoring records requests for an extended period. In addition, the decision clarified that electronic records (like other kinds of public records) must be produced within a reasonable time frame.

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Exclusive: Ethics board cleared use of state building for SOTU response

The Iowa Ethics and Campaign Disclosure Board gave advance approval of Governor Kim Reynolds’ plan to deliver a nationally-televised speech on behalf of Republicans from state government property.

Reynolds delivered the GOP response to President Joe Biden’s State of the Union address from the terrace of the State Historical Building in downtown Des Moines. That part of the facility has been closed to the public all year due to renovations.

The Iowa Department of Cultural Affairs did not charge the governor’s office for the space, which previously cost thousands of dollars to rent. However, documents Bleeding Heartland obtained through public records requests show the Kim Reynolds for Iowa campaign and the CNN television network covered some other costs associated with the State of the Union response.

Iowa law prohibits “the expenditure of public moneys for political purposes.” But a few days before the March 1 speech, the ethics board’s executive director Zach Goodrich assured the governor’s senior legal counsel that based on his understanding of the facts, Reynolds “would not be in violation” of that code section if she spoke from the State Historical Building.

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We're suing Governor Reynolds over open records violations

The ACLU of Iowa filed suit on December 16 on behalf of three reporters and three media organizations over Governor Kim Reynolds’ long-standing failure to comply with Iowa’s open records law. The lawsuit cites five unfulfilled requests submitted by me, two submitted by Clark Kauffman of Iowa Capital Dispatch, and one submitted by Randy Evans of the Iowa Freedom of Information Council.

I’ve been seeking some of those records for more than a year. My oldest outstanding request, for video messages the governor may have recorded for meatpacking plant employees during the early weeks of the pandemic, dates to April 2020. Although Reynolds told members of the Iowa Capitol Press Association in January 2021 that she would commit to having her staff respond to open records requests “in a timely manner,” her office continues to stonewall.

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Governor's office finally provides document requested in May

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.

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Governor facing two open records lawsuits

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.

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Exclusive: Governor approved CARES Act spending on office tech upgrades

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.

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Iowa ethics board to review COVID-19 ads featuring governor

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.

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Iowa board approves formal probe of Heritage Action lobbying

The Iowa Ethics and Campaign Disclosure Board voted on May 26 to authorize a formal staff investigation of possible undisclosed lobbying of Governor Kim Reynolds’ office by the conservative group Heritage Action for America.

The board’s executive director and legal counsel Mike Marshall had been informally investigating the matter after Mother Jones published video of Heritage Action’s executive director bragging about helping to write voter suppression laws in Iowa and other states. Jessica Anderson told donors at a private meeting in April that her group had “worked quietly” with Iowa lawmakers to help draft and support a new election bill, getting it passed with “little fanfare.” But the Washington, DC based organization, which is affiliated with the Heritage Foundation, hadn’t registered a position on the bill or filed reports required of those who lobby state government.

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Exclusive: Iowa governor used CARES Act funds to pay staff salaries

Governor Kim Reynolds directed that nearly $450,000 in federal funding the state of Iowa received through the Coronavirus Aid, Relief and Economic Security (CARES) Act be used to cover salaries and benefits for staff working in her office.

According to documents Bleeding Heartland obtained from the Iowa Department of Management through public records requests, the funds will cover more than 60 percent of the compensation for 21 employees from March 14 through June 30, 2020.

Reynolds has not disclosed that she allocated funds for that purpose, and reports produced by the nonpartisan Legislative Services Agency have not mentioned any CARES Act funding received by the governor’s office. Nor do any such disbursements appear on a database showing thousands of state government expenditures under the CARES Act.

The governor’s communications director Pat Garrett did not respond to four requests for comment over a two-week period.

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Leader quits Iowa civil rights enforcement agency (updated)

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.

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Iowa House, governor have no grounds to exclude me from "press"

Iowa House Chief Clerk Carmine Boal has refused to grant me credentials for the chamber during the 2019 legislative session. Staff for Governor Kim Reynolds have ignored repeated messages seeking credentials to cover the governor’s office or an explanation for denying my request.

Under the U.S. and Iowa constitutions, no government agency or official may restrain or abridge the freedom of the press. Government bodies must apply any media restrictions uniformly, without regard to the content of news reporting or commentary. That’s not happening here.

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Lessons of 2018: If at first you don't succeed, try, try again

Third in a series interpreting the results of Iowa’s 2018 state and federal elections.

At least three and possibly four newly-elected members of the Iowa House had campaigned unsuccessfully for the same seats in past election cycles. Three newly-elected members of the Iowa Senate lost elections for other offices in recent years.

They join a long list of Iowa politicians–including Tom Harkin and Kim Reynolds–who did not win the first time they sought a legislative office.

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Twenty Iowa House races to watch, with ratings

In some states, gerrymandering predetermines the outcome of most legislative races. But many Iowa House and Senate districts are in play every election year, thanks to our non-partisan redistricting system.

Drawing on voter registration totals, recent voting history, absentee ballot numbers, and where Democratic or Republican leaders have made large expenditures, I’ve identified the state House seats most likely to indicate whether Democrats can win control of the lower chamber, where Republicans now enjoy a 59-41 majority.

The districts are grouped in four categories: Democratic-held open seat, Republican-held open seats, Democratic incumbents facing strong challengers, and GOP incumbents facing strong challengers.

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Race ratings: Battle for the Iowa House

Josh Hughes analyzes sixteen Iowa House races likely to be competitive and points to other districts that could also be in play. Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

Iowa Democrats have had a pretty good summer. In recent weeks, election forecasters have moved the races for governor and third Congressional district to “toss-up” status, Fred Hubbell and other Iowa Democrats have blown past Republicans in fundraising, and Iowa Republicans have begun to hit the panic button on an election many believed would not be competitive just one year ago. Democrats appear to have the wind at their back for the first time in several election cycles here, after blowout losses in 2016 and 2014.

Winning back Terrace Hill and Congressional seats is at the forefront of many activists’ minds. Doing so would be hugely impressive and important to stopping reactionary right-wing legislation at the state and federal levels. However, in order to not just stop the bad stuff but also advance good legislation, Democrats will need to do more than just defeat Governor Kim Reynolds. The race for the Iowa legislature, where 25 of 50 Senate seats and all 100 Iowa House seats are up for election this year, will determine what kind of policy will be possible over the next two years in our state.

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Are Republicans conceding Iowa House district 43?

Republicans spent more than $420,000 defending Iowa House Majority Leader Chris Hagenow’s seat during the last election cycle. But after Hagenow moved further west to a safer seat, his chosen successor Michael Boal raised under $12,000 during his first four and a half months as a candidate in House district 43.

The latest campaign financial disclosures show Boal has just $3,697.26 cash on hand for a race Democrats have pegged as one of their top state legislative pickup opportunities nationally. Jennifer Konfrst, making her second bid to represent this suburban district, has raised more than $30,000 since the beginning of this year and has $51,257.85 cash on hand.

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Majority makers: 15 districts that will determine control of the Iowa House

Josh Hughes is a Drake University undergraduate and vice president of the I-35 school board. -promoted by desmoinesdem

There’s no question about it– 2018 is shaping up to be one of the most Democratic election years in nearly a decade. Polling and special election results all point to a significant advantage for Democrats in both voter preference and enthusiasm. It’s enough for most experts to consider the U.S. House a “tossup,” which is remarkable considering the gerrymandered playing field Democrats must compete on. Such a national political environment points to only one thing– the Iowa House of Representatives is in play too.

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