Bryan Burkhardt won the June 22 special election for a Johnston City Council seat despite a strong write-in campaign by local Republicans on behalf of Jim Gorsche. Unofficial results posted by the Polk County auditor’s office showed 1,032 votes for Burkhardt (51.1 percent), 783 write-in votes (38.8 percent), all but six of which were for Gorsche, and 203 votes for Adam Haar (10.1 percent).

Turnout was just under 14 percent, not bad for a summer local election, which received little media coverage.

Burkhardt, a Des Moines Area Community College professor and small business owner, will serve the remainder of Scott Syroka’s term, which runs through 2023. Elected to the council in 2019, Syroka resigned early this year to serve as deputy director of communications in the Biden-Harris administration’s Office of Personnel Management. John Temple has been filling the vacancy on the council since February; he didn’t compete in the special election.

Local elections are nonpartisan in Iowa, but Burkhardt and Haar, the top two vote-getters in the city’s May 25 primary, both had support from area Democrats. Gorsche finished third in the four-way primary.

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.

The headline certainly caught my attention. “In new Iowa Poll, nearly two-thirds say it’s time for someone new,” the Des Moines Register noted.

Senator Chuck Grassley is 87. Among currently serving senators, only Dianne Feinstein is older (by about two months). The Social Security Administration estimates an 87-year-old has a life expectancy of five years. If re-elected to a six-year term at age 89, Grassley’s odds of dying while in office are significant. It makes sense that many would answer this question this way.

So is Iowa’s senior senator really in trouble?

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.

Neil Hamilton is the former director of the Drake Agricultural Law Center and professor emeritus at Drake University law school. He submitted an amicus curiae brief in this case on behalf of several Drake law professors, who urged the Iowa Supreme Court to define the political question doctrine narrowly in order to preserve “citizen’s access to the courts of Iowa for the vindication of their constitutional rights.”

In a closely decided 4-3 split ruling the Iowa Supreme Court rejected a case filed by Iowa Citizens for Community Action and Food and Water Watch alleging the state of Iowa failed to protect the interests of the public in the Raccoon River. The case involved an appeal from the Polk County District Court rejection of the state’s motion to dismiss the case. 

The majority ruled the district court’s decision should be reversed and the case dismissed, concluding the plaintiffs do not have standing to bring the suit, and their effort to use the public trust doctrine to establish the duty of state officials is a “nonjusticiable political question.” The majority’s ruling and analysis generated three separate dissenting opinions, all agreeing the case should move forward, in large part because the state had conceded the plaintiffs had standing and the merits of the public trust doctrine were not in question.

A reading of the majority opinion shows it was premised on a determination by the four justices to not involve the Court in the difficult and controversial political issues involving water quality in Iowa. This motivation was demonstrated in at least four ways:

The Iowa Supreme Court ruled on June 18 that part of the city of Waterloo’s “ban the box” ordinance can remain in effect despite a 2017 law prohibiting local governments from regulating “terms or conditions of employment.”

The city adopted the ordinance in November 2019 to address economic racial disparities. Because African Americans are more likely to have a criminal record, they are adversely affected by job applications that require a person to note whether they have ever been arrested or convicted of a crime.

Under Waterloo’s ordinance, employers may not inquire about past convictions, arrests, or pending criminal charges “during the application process,” but may do so after extending “a conditional offer of employment.” The court found that was allowed, because it regulates only “the time when an employer can inquire into a prospective employee’s criminal history,” which is not “a term or condition of employment.”

However, the Iowa Supreme Court held that state law preempts other portions of Waterloo’s ordinance, which prohibit employers from making an “adverse hiring decision” based on an applicant’s criminal history.

Democratic Representative Cindy Axne (IA-03) and Republican Representative Randy Feenstra (IA-04) voted on June 17 to repeal the 2002 authorization for the use of military force against Iraq. House members approved the legislation by 268 votes to 161, with 49 Republicans joining all but one Democrat to support the repeal.

Representatives Ashley Hinson (IA-01) and Mariannette Miller-Meeks (IA-02) were among the 160 Republicans to vote no.

None of Iowa’s representatives released a statement about this vote or mentioned it on their social media feeds. Bleeding Heartland sought comment from staff for all four members on the morning of June 18, but none replied. I will update this post as needed if anyone explains their reasons for voting yes or no on this effort to “rein in presidential war-making powers for the first time in a generation.” Jennifer Steinhauer reported for the New York Times,

Juneteenth National Independence Day is now a federal holiday, under legislation President Joe Biden signed today. The bill commemorating the end of slavery in Texas on June 19, 1865 moved through Congress at unusual speed so it could take effect in time for this weekend. Most federal government workers will have Friday the 18th off, since the new holiday falls on a Saturday.

The U.S. Senate approved the bill through unanimous consent on June 15. Iowa’s junior Senator Joni Ernst was one of the 60 co-sponsors (including eighteen Republicans) in the upper chamber. Senator Chuck Grassley didn’t co-sponsor the bill, but at least he didn’t object to its passage. He is one of only two currently serving senators who voted against establishing a holiday to honor the Reverend Dr. Martin Luther King, Jr. in 1983. (The other is Richard Shelby of Alabama.)

U.S. House members approved the Juneteenth bill on June 16 by 415 votes to 14 (roll call). All four representatives from Iowa voted yes, which probably would not have been the case if Steve King had fended off Randy Feenstra’s primary challenge last year.

A highly competitive primary is shaping up for an open Iowa Senate seat covering part of Cedar Rapids. Democratic State Senator Rob Hogg announced on June 14 that he will not seek re-election in 2022. Two candidates have already launched their campaigns, and more local Democrats are considering.

Democratic State Senator Liz Mathis told Iowa news outlets on June 14 that she is “seriously considering” running for Congress next year and will announce her plans in late July.

Mathis won her first race in a 2011 special election for Iowa Senate district 34, covering much of the Cedar Rapids suburbs. She has since been re-elected three times. Republicans did not invest in Senate district 34 in 2012, made an unsuccessful play there in 2016, and opted not to field a candidate against Mathis in 2020.

My Democratic contacts in Linn County expect Mathis to run in the first Congressional district. I am inclined to agree. If she weren’t leaning toward running, she would probably not disclose her plans until after Iowa adopts new maps, which is unlikely to happen before September.

Mathis retired last month from Four Oaks, which provides services to children in the Cedar Rapids area. So she could devote full-time efforts to a Congressional campaign whenever the state legislature is not in session. Since her Iowa Senate term runs through 2024, she doesn’t need to give up her current office to compete for IA-01.

My Republican contacts expect U.S. Representative Ashley Hinson to run for U.S. Senate if Chuck Grassley retires. For the purposes of this post, I’m assuming Grassley will seek an eighth term, and Hinson will seek re-election in IA-01.

State Representative Ras Smith became Iowa’s first well-known Democratic candidate for governor on June 15, declaring in an upbeat campaign video, “I believe that Iowa’s greatest days are ahead of us.”

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.

Every U.S. Senate Republican, including Iowa’s Senators Joni Ernst and Chuck Grassley, blocked debate last week on a bill designed “to provide more effective remedies to victims of discrimination in the payment of wages on the basis of sex.”

Like most Senate actions, a motion to proceed with debate on a bill requires at least 60 votes to pass. The 49 to 50 party-line vote on June 8 was Republicans’ second formal use of a filibuster this year. The first blocked a bill authorizing a bipartisan investigation of the January 6 attack on the Capitol.

The Paycheck Fairness Act “has been on the Democratic wish list since 1997,” Jonathan Weisman reported for the New York Times. When Democrats controlled the U.S. House, they approved similar legislation in 2008, 2009, and 2019.

For nearly 60 years, federal law has banned employers from paying men and women differently for “substantially equal jobs.” But the Equal Pay Act of 1963 has failed to adequately address gender-based wage discrimination. A 2019 study found “Women’s median earnings are lower than men’s in nearly all occupations.”

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.

U.S. Senators Joni Ernst and Chuck Grassley were part of bipartisan majorities that confirmed President Joe Biden’s first three judicial nominees this week. But the senators are likely to oppose Biden’s picks for judgeships higher than the District Court level.

Scott County’s newly-appointed Republican Auditor Kerri Tompkins will serve through 2022 after county Democrats failed to force a special election for the office.

Scott County Democrats leader Elesha Gayman announced on June 8 that activists collected 6,211 signatures during the previous two weeks, about 3,000 short of the threshold for calling a special election to fill a vacancy at the county level. Unusually high turnout in 2020 raised the bar for collecting signatures equaling at least 10 percent of those who cast ballots in the previous presidential election. Adding to the organizing burden, a law Republicans enacted earlier this year shortened the time frame for such petition drives to only fourteen days.

Gayman said Democrats will not “lay down” in light of what she described as “voter suppression.” The next focus for volunteers in Iowa’s third-largest county will be contacting some 10,000 voters whose registrations were recently moved to inactive status, under the same law Governor Kim Reynolds signed in March.

Approximately 702,800 Iowans were enrolled in some version of the Medicaid program last month, up by roughly 100,000 since the COVID-19 pandemic began in March 2020, according to analysis by Charles Gaba at the ACA Signups website.

The biggest increase was in the Iowa Health and Wellness Plan, the state’s version of Medicaid expansion under the Affordable Care Act. Gaba’s analysis indicates that some 225,300 Iowans were participating in that plan as of May 2021, up from about 177,200 people fourteen months earlier.

Enrollment in traditional Medicaid increased by a smaller rate from about 425,000 in March 2020 to some 477,500 last month. The federal government recently released statistics on state level Medicaid enrollments from July 2019 through December 2020. Gaba’s estimates for 2021 are based on monthly reports published by the Iowa Department of Human Services, adjusted to compensate for how closely the state’s numbers tracked with the federal figures for 2020.

Gaba commented on his website,

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.

During the closing days of the Iowa legislature’s 2021 session, Republicans accomplished one task that eluded them in 2020: getting a constitutional amendment on abortion halfway toward appearing on a statewide ballot. I expected the House and Senate to approve the measure quickly, emboldened by a larger majority in the lower chamber, where the proposal stalled last year.

Instead, Republicans spent months haggling over how the amendment would be phrased, hoping to make this effort more palatable to Iowans who currently oppose it.

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,

A special investigation by the State Auditor’s office asserted on June 3 that Governor Kim Reynolds violated Iowa law by using $152,585 in federal COVID-19 relief funds to purchase “online and televised ads containing the Governor’s voice, image, and name.”

Less than 30 minutes after the auditor’s report was published, Reynolds responded in a news release that the law “clearly allows” such use of public money in the context of a public health disaster emergency.

A few hours later, State Auditor Rob Sand defended his conclusions in a new written statement.

My non-lawyer’s reading of the relevant statutes aligns with the governor’s interpretation. But while legal points could be argued, one indisputable fact is that all parties involved should have discussed these findings prior to the report’s publication, instead of duking it out in news releases today.

UPDATE: Konfrst was elected House minority leader on June 14. Original post follows.

Iowa House Democrats will choose a new leader of their 41-member caucus on June 14. The heavy favorite will be State Representative Jennifer Konfrst, who has served as minority whip (the second-ranking role) since late last year.

State Representative Todd Prichard announced on June 2 that he will step down from the leadership position he has held since shortly after the 2018 election.

Konfrst declined to comment for the record on the coming leadership contest. Several Iowa House Democrats indicated on June 2 they were not planning to run for caucus leader. Those included State Representative Jo Oldson, who served as minority whip in 2019 and 2020. Oldson added that she is supporting Konfrst for the position.

Paul Trombino III will be the next public works director of city of Greeley, Colorado, the city announced on May 28. He was hired following a national search, according to a news release enclosed in full below. The job was posted in February, so Trombino must have applied only weeks after becoming Iowa’s Homeland Security and Emergency Management director.

Governor Kim Reynolds’ office announced Trombino’s impending departure on May 20. The news surprised many observers, since the governor had worked closely with her chief operating officer for two years and awarded him a large bonus in February, ensuring he wouldn’t take a pay cut when transitioning to the Homeland Security position.

Trombino’s resignation from his Iowa government post becomes effective June 3. Reynolds hasn’t yet announced her choice to run the Homeland Security agency, which oversees disaster preparedness and relief operations and has administered tens of millions of dollars in federal COVID-19 relief funds.

Most of the CARES Act funding transferred to Homeland Security is tied to the state or local match for the Federal Emergency Management Agency’s Public Assistance Program. Reynolds also approved a $1 million transfer for “State Government COVID Staffing,” from which $448,449 was used to cover personnel costs in the governor’s office. The remaining $551,551 set aside for that purpose remains unspent, a state database shows. A Homeland Security communications staffer told me last year, “Although that funding was transferred to our department to process, we are not the decision makers on how it will be spent.”

State Auditor Rob Sand contends that spending $400,000 to construct permanent fencing around Governor Kim Reynolds’ official residence reflects “out of whack” priorities favoring “insiders” over “outsiders.”

Sand regularly answers commenter questions during live videos posted on his political Facebook page. During his June 1 “Transparency Tuesday” session, one person asked, “how about that governor’s fence?” Beginning around the 8:15 mark, Sand replied,

My transcript:

Yeah, how about that governor’s fence. If you missed this, Jean’s comment is about the $400,000 that’s getting spent on a fence at Terrace Hill.

Threats should be taken seriously, and the governor has seen threats, but so did Governor Branstad. So did Governor Culver. So did Governor Vilsack. They didn’t build a fence.

And in the meantime, you know, year after year after year, we’ve seen a lot of violence in Iowa’s correctional facilities, which could have been fixed in a variety of ways, depending on who you ask. But we didn’t see much action. Until finally now, that two correctional officers actually got murdered, now they decided to provide additional funding.

So it’s just, to me, it’s a question of priorities and insiders versus outsiders. $400,000 for protection because of some threats that were not uncommon, versus years of assaults that essentially got nothing until people died.

Priorities are out of whack for who that’s serving.

A little later in the video, Sand agreed with a different commenter who characterized the Terrace Hill fence as “ridiculous.”

The Iowa Department of Public Safety approved plans to construct permanent fencing around the governor’s residence sometime during the summer of 2020, public records show. I have not been able to determine whether Reynolds or anyone on her staff advocated for beefed-up security. Public safety officials denied the decision was linked to protests or demonstrations occurring near Terrace Hill and said the U.S. Department of Homeland Security had recommended perimeter fencing for years.

Sand’s comments during the June 1 video were not a one-off. A few days earlier, he drew the same comparison on his political Twitter feed.

In that Twitter thread, Sand linked to a recent Des Moines Register article by Daniel Lathrop, “Iowa prison staffing levels before Anamosa killings were near their lowest level in at least 30 years.”

Two decades of budget cuts left the people who guard Iowa’s prisons understaffed and overmatched by a growing prison population, a Des Moines Register investigation found. The issue is getting attention after the March slaying of two employees at the Anamosa prison, allegedly by a pair of prisoners.

The Register found that Iowa’s Department of Corrections in 2020 had:

-Close to the lowest number of correctional officers guarding its prisons in at least 30 years.

-Substantially fewer correctional officers working at eight of its nine prisons than it did five, 10 and 20 years earlier.

-A ratio of prisoners to correctional officers that had risen above the national average.

The Republican-controlled Iowa House and Senate recently approved a $20 million increase to the corrections budget for the next fiscal year. But Sand pointed out that happened only after two correctional officers were murdered, allegedly by an incarcerated person.

Reporters for the Cedar Rapids Gazette and KCRG-TV obtained public records in April showing that Iowa’s Occupational Safety and Health Administration cited the Iowa Department of Corrections last year for workplace violations at the Anamosa facility. Inspectors noted a lack of “adequate and reliable means of communication for employees to summon assistance during violent attacks or calls for emergency aid,” and not enough employees continually available to respond to such emergencies.

Sand is widely seen as likely to challenge Reynolds in 2022. He recently ruled out seeking any federal office next year but acknowledged he’s still considering running for governor or for a second term as state auditor.

Top image: Screenshot from Rob Sand’s “Transparency Tuesday” video on June 1.

The state of Iowa should be able to pay the remainder on its contract to acquire the Workday software system once Governor Kim Reynolds signs the final appropriations bill lawmakers approved before adjourning on May 19.

Senate File 615, the so-called “standings” bill, allocates $23.23 million from the state’s general fund to the Office of Chief Information Officer during the current fiscal year, which ends on June 30. That money is to be used for “implementation of a new state central personnel, accounting, and budget system.”

UPDATE: The U.S. Senate passed the Sgt. Ketchum Rural Veterans Mental Health Act of 2021 by unanimous consent on June 24, and President Joe Biden signed it into law on June 30. Original post follows.

From the earliest Memorial Day observances organized by freed slaves following the Civil War, this holiday has focused on remembering military service members who died in wars. More than 26,700 Iowans have died in wartime service, with the Civil War accounting for nearly half of the fatalities.

Far too many Americans with military backgrounds die by their own hands. Hundreds of active-duty troops and more than 6,000 veterans take their own lives every year. That death toll exceeds the total U.S. military fatalities in Iraq from 2003 to 2020.

Iowa’s members of Congress have tried again this spring to improve mental health services for veterans. Unlike in previous years, legislation named after Sergeant Brandon Ketchum made it through the U.S. House and now awaits action in the Senate.

Racial disparities in Iowa’s COVID-19 vaccinations have narrowed during the eight weeks since all adults became eligible to get a shot. However, even with many vaccination sites now accepting walk-ins, reducing barriers associated with online scheduling, people of color and especially Black and Latino Iowans have received fewer doses per capita than white people.

In addition, county-level data show a wide gap between the Iowa counties with the highest and lowest vaccination rates. As in most other states, vaccination rates appear to be correlated with political and demographic features. Residents of more urban and more Democratic counties are more likely to be vaccinated than those living in rural and heavily Republican areas.

Scott County’s three Republican supervisors voted on May 25 to appoint Kerri Tompkins as the county’s new auditor, having considered no other candidates for the position, and giving members of the public no opportunity to comment.

The vacancy arose when Democratic Auditor Roxanna Moritz resigned just a few months into a four-year term. The three Republicans on the five-member board did not solicit applications for the vacancy or interview candidates. Rather, they decided to appoint Tompkins in a backroom deal, possibly violating Iowa’s open records law in the process.

The two Democrats on the Board of Supervisors wanted to hold a special election to determine Moritz’s replacement, but they didn’t have the votes to make it happen.

Local Democrats are trying to petition for a special election. But a law Republicans enacted earlier this year will make that task much more difficult.

U.S. Senators Joni Ernst and Chuck Grassley were among the 35 Republicans who voted on May 28 to block debate on a bill to form a bipartisan commission to investigate the January 6 attack on the Capitol. Since Senate rules require 60 votes for most motions, the 48 Democrats and six Republicans who supported the measure were unable to proceed to debate–even though they made up 61 percent of those present and voting.

Technically, today’s action was the first filibuster Republicans have executed since Democrats took control of the Senate following the January runoff elections in Georgia. However, GOP senators have prevented many other bills from coming to the floor by making clear they would filibuster.

In a written statement enclosed in full below, Grassley said the January 6 events are already being investigated, while Congress has ignored the “broader picture” of riots occurring elsewhere in the U.S. over the past year. (Protests that occurred in various cities last summer are hardly equivalent to an assault instigated by the president with the goal of disrupting the peaceful transfer of power.)

Earlier this week, Grassley told a Bloomberg News reporter he would support a January 6 commission more like the 9/11 commission “because that was a bipartisan commission chaired by people outside the Congress”–which is what the House-approved bill would create.

Ernst has not released a statement on today’s vote, but I will update this post as needed. She told Capitol Hill reporters on May 19 that the commission would not be balanced (despite equal representation for both parties), because of disparities in staffing and salaries. Ernst added, “Here we are five months later. What is the point? It’s turning into a political exercise.”

State Auditor Rob Sand told Douglas Burns of the Carroll Times Herald on May 27 that he won’t run for a federal office in 2022.

“I don’t want to be in D.C.; I don’t want to go to D.C.,” Sand told the Times Herald. “Maybe I would be more interested if my kids were out of the house, but they are 4 and 7. But even if my kids were out of the house, that would be a lot less time to hunt and fish. […]”

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.

Bryan Burkhardt and Adam Haar were the top two vote-getters in a May 25 primary election for a Johnston City Council seat, according to unofficial results posted on the Polk County auditor’s website. Burkhardt and Haar will compete in a June 22 election to serve out the remainder of Scott Syroka’s term. Elected to the council in 2019, Syroka resigned early this year to serve as deputy director of communications in the Biden-Harris administration’s Office of Personnel Management.

Burkhardt, a professor at Des Moines Area Community College, received 682 votes (39.1 percent). Haar, a consultant for Wells Fargo, received 402 votes (23.0 percent). DuPont Pioneer’s associate general counsel Jim Gorsche finished third in the primary with 350 votes (20.1 percent), while Brei Johnson received 311 votes (17.8 percent).

City elections are nonpartisan in Iowa, but Burkhardt and Haar had support from many Democrats in the community. City council member Rhonda Martin endorsed Haar, while former State Representative Karin Derry was engaged in GOTV, urging residents to support either Burkhardt or Haar.

Most Iowans thinking about running for U.S. Senate in 2022 are waiting for Senator Chuck Grassley to tip his hand, probably sometime this fall. But fifth-generation farmer and former Crawford County Supervisor Dave Muhlbauer launched his candidacy on May 24 by leaning into his rural roots.

Randy Richardson reviews the education bills Iowa lawmakers passed during the 2021 session. -promoted by Laura Belin

According to the Republican Party of Iowa’s website, Republicans believe “individuals, not the government, make the best decisions; all people are entitled to equal rights; and decisions are best made close to home.”

While the party may espouse those beliefs, their actions on public education hardly exemplify those statements.

One day before Iowa lawmakers adjourned for the year, the Iowa Senate amended a spending bill to allocate $4.5 million over two years to the Iowa Department of Homeland Security and Emergency Management for a sole source contract.

The funding to install a mobile panic button system in Iowa’s K-12 schools could only have been used by Rave Mobile Safety, which recently signed a contract with the Homeland Security department to replace Iowa’s emergency mass notification system.

The Iowa House altered the bill to leave the funding in place without an earmark for a specific product. But the last-minute effort raises questions about whether outgoing Homeland Security Director Paul Trombino III sought the funding to benefit a company represented by one of Iowa’s most influential lobbyists.

The Iowa House and Senate adjourned late in the evening on May 19 after finishing most of their work for this year. (Lawmakers will almost certainly come back for a special session to consider new maps of Iowa’s legislative and Congressional districts.)

In the coming days, Bleeding Heartland will closely examine several bills that passed in the late session rush. For now, I want to review the legislation that by some minor miracle didn’t make it to Governor Kim Reynolds’ desk, in spite of support from powerful interests.

All of these bills are likely to return in some form during the 2022 session, so don’t celebrate too soon. House Republicans were unable to pass a “water quality” bill backed by agricultural groups in 2017. But the Iowa Farm Bureau and its allies spent the interim chipping away at the GOP holdouts. The bill sailed through the House early in the 2018 session. The same scenario could play out with any of the proposals discussed below.

Paul Trombino III is resigning as director of Iowa’s Homeland Security and Emergency Management Department, effective June 3, the governor’s office announced on May 20. A news release said Trombino was “leaving his position to pursue other opportunities.”

U.S. Representative Ashley Hinson (IA-01) supported legislation early this year to create an independent commission to investigate the attack on the U.S. Capitol, but voted against a similar bill this week.

Arthur Delaney reported for the Huffington Post on the “big flip-flop” by sixteen House Republicans. Congressional records show Hinson was an original co-sponsor of the bill GOP Representative Rodney Davis introduced on January 12. Delaney explained,

Governor Kim Reynolds has 30 days to consider any bills sent to her during the final days of a legislative session, but she could hardly wait 30 seconds to sign one of the bills approved hours before the Iowa House and Senate adjourned for the year.

The governor’s office announced at 12:36 am that Reynolds had signed House File 847, an education bill amended on May 19 to prohibit school districts and local governments from following best practices for slowing the spread of COVID-19.

Moments earlier, Iowa House Speaker Pat Grassley had brought the bill to the governor’s desk.