A Polk County District Court has rejected the state’s motion to dismiss part of Polly Carver-Kimm’s wrongful termination lawsuit against the state of Iowa, Governor Kim Reynolds, her former communications director Pat Garrett, and several senior Iowa Department of Public Health (IDPH) officials.

Carver-Kimm handled press contacts and public records requests for the IDPH for thirteen years before being forced to resign in July 2020. She asserts that she was “stripped of her duties and later terminated after she made repeated efforts to comply with Iowa’s Open Records law (Chapter 22) by producing documents to local and national media regarding the State of Iowa’s response to the ongoing pandemic.”

District Court Judge Lawrence McLellan’s December 22 ruling (enclosed in full below) affirmed the importance of the open records law and rejected the state’s effort to remove Reynolds as a defendant in this case.

Update: Carver-Kimm amended her lawsuit in June 2021 to include the two claims originally filed with the State Appeal Board. She amended it again in August 2021 to add more plaintiffs and remove the third count related to First Amendment claims. You can read the latest version of the petition here. The case is scheduled for trial in the summer of 2022. Original post follows.

The Iowa Department of Public Health’s longtime communications director Polly Carver-Kimm filed suit on September 2, claiming she was wrongfully terminated, in violation of the state’s whistleblower law. Stephen Gruber-Miller first reported on the lawsuit for the Des Moines Register. I’ve enclosed below the District Court filing and Carver-Kimm’s parallel claims filed with the State Appeal Board.

Carver-Kimm was the lead media contact at IDPH for thirteen years before she was told to resign or be fired in mid-July. Her attorney, Tom Duff, has represented other well-known Iowans who have sued the state on whistleblower claims or alleging wrongful termination, including former criminal investigator Larry Hedlund (who had caught the SUV carrying then Governor Terry Branstad speeding) and former Department of Human Services Director Jerry Foxhoven.

The day she was ousted, Carver-Kimm told the Des Moines Register’s Tony Leys she was “embarrassed and saddened by the way the media has been treated during COVID.” She asserted that she was stripped of her duties and eventually removed for being too open with journalists seeking information about the pandemic.

Her court filing and an accompanying news release from Duff’s office are more specific about alleged violations of Iowa’s open records law.

The base pay for Iowa’s medical director and state epidemiologist Dr. Caitlin Pedati increased by 45 percent as the current fiscal year began on July 1, records obtained by Bleeding Heartland show. The additional $3,144 that Pedati began receiving per two-week pay period would translate to an extra $81,744 in base salary over twelve months.

The doctor leading the state’s COVID-19 pandemic response also received more than $55,000 in overtime pay from March through early July, even though her job class would not normally be eligible for overtime compensation.

Iowa is among a dozen states picked to receive shipments of the antiviral drug remdesivir for use in treating patients hospitalized for novel coronavirus, the U.S. Department of Health and Human Services announced on May 9. Our state will receive ten cases, which works out to 400 vials of the medication.

Governor Kim Reynolds implied at her latest news conference that when federal officials approved the shipment, they didn’t understand the reasons Iowa’s COVID-19 case counts have been rising. Publicly available information does not support that explanation.

Religious institutions across Iowa are now allowed to hold large services, under Governor Kim Reynolds’ latest proclamation related to novel coronavirus, which took effect on May 1. While most churches declined to schedule in-person services for this Sunday morning, some are looking at ways to modify their space or practices in order to resume face-to-face worship soon.

In mid-March, the governor temporarily prohibited religious or spiritual gatherings of more than ten people. Her April 27 order lifted that ban, provided that houses of worship “implement reasonable measures […] to reduce the risk of transmission of COVID-19 consistent with guidance issued by the Iowa Department of Public Health.” Among other things, the department recommends that people practice good hygiene and adjust the layout so congregants not from the same household can “sit at least six feet apart.”

That advice is insufficient to keep those carrying the virus from infecting others.

For weeks, Governor Kim Reynolds told reporters at her daily news conferences that “data” and “metrics” informed her approach to slowing the spread of novel coronavirus (COVID-19) in Iowa.

That narrative flew out the window on April 27, when she unveiled her plan to lift some mitigation measures statewide and allow many kinds of businesses to reopen in 77 Iowa counties, effective May 1.

Reynolds and Dr. Caitlin Pedati, the state medical director and epidemiologist, sought to spin the new policy as “evidence-based.” In reality, they are betting Iowans’ lives on the potential for data collection that has barely begun.

Three weeks ago today, Iowa Department of Public Health Deputy Director Sarah Reisetter told reporters our state’s novel coronavirus (COVID-19) infections might hit “a first peak in the next two to three weeks.” But Iowa has racked up more confirmed cases and deaths attributed to COVID-19 during the past three days than in any previous three-day period. Outbreaks continue to be identified in long-term care facilities and meatpacking plants, where one infected person can pass the virus to many others.

Governor Kim Reynolds imposed stricter limits on socializing outside the household in fourteen northeast Iowa counties on April 16. The next day, she ordered all schools in the state to remain closed through the remainder of this academic year. But even as the governor encouraged Iowans to stay home if they can, she asserted on April 17 that “there are a lot of really positive signs” and suggested officials may be ready to start opening things up in parts of the state soon.

Meanwhile, the country’s most widely-cited model for COVID-19 now projects that use of hospital resources and coronavirus deaths in Iowa will peak on May 7 and 8, respectively. The Institute for Health Metrics and Evaluation (IHME) at the University of Washington also indicates that “relaxing social distancing may be possible” in Iowa after June 29. By comparison, the same model projects that the states of Washington and California already passed their peak for deaths and hospital resource use and may be able to scale down mandatory social distancing on May 18.

Why hasn’t Iowa turned the corner?

UPDATE: The state altered testing criteria again on May 6, but the changes were minimal (see new policy at the end of this post).

Iowa’s State Hygienic Laboratory posted new testing requirements on April 17 for people who suspect they have novel coronavirus (COVID-19) infections. The updated criteria are nearly identical to earlier versions, with a change designed to reduce the risk of asymptomatic patients bringing the virus to assisted living facilities.

Also on April 17, Iowa Department of Public Health Deputy Director Sarah Reisetter confirmed that some workers without symptoms will be tested at meatpacking plants where other employees are known to have COVID-19 infections.

For the first time on April 14, the Iowa Department of Public Health released information about novel coronavirus (COVID-19) infections by race and ethnicity. The results won’t surprise anyone who has been following the news from other parts of the country: a disproportionate number of Iowans with confirmed COVID-19 infections are African American or Latino.

Activists and some Democratic legislators had pushed for releasing the demographic information after a senior official said last week the public health department had no plans to publish a racial breakdown of Iowa’s COVID-19 numbers.

Meanwhile, Iowa reported its largest daily number of new COVID-19 cases (189) on April 14, fueled by the outbreak that has temporarily shut down a Tyson pork processing plant in Columbus Junction (Louisa County). At her daily press conference, Governor Kim Reynolds again praised efforts by meatpacking companies to slow the spread of the virus and keep workers and the food supply chain safe. However, the League of United Latin American Citizens (LULAC) has highlighted unsafe workplace conditions for employees of meatpacking plants, a group that is disproportionately Latino.

Joe Gorton is a criminology professor at the University of Northern Iowa. -promoted by Laura Belin

During her March 19 press conference, Governor Kim Reynolds presented her social distancing strategy for protecting Iowa from the novel coronavirus (COVID-19 or SARS-CoV-2) pandemic. Unfortunately, she failed to discuss or even acknowledge any of the significant risks associated with her particular approach.

The purpose of this article is to provide information about the unreported hazards the Reynolds plan incorporates.

Governors of seventeen states have issued shelter-in-place orders to slow the spread of novel coronavirus (COVID-19). But Governor Kim Reynolds again maintained on March 24 that data do not support that action in Iowa. She and top Iowa Department of Public Health officials are betting that closures already in place, along with official efforts to encourage social distancing, will be sufficient to keep serious COVID-19 infections from overwhelming our health care system.

A growing number of local leaders disagree.