A Polk County District Court today upheld a rule adopted by the Iowa Board of Medicine last year, which would prohibit Planned Parenthood of the Heartland from providing medical abortions using “telemedicine” (where a doctor meets with the patient via videoconferencing). You can read the full text of Judge Jeffrey Farrell’s ruling here. After the jump I’ve summarized Judge Farrell’s key findings, including background on the case and excerpts from his decision. I’ve also enclosed reaction from both sides in the telemedicine abortion debate, as well as from Governor Terry Branstad and Democratic challenger Jack Hatch.

Judge Farrell’s ruling goes into effect in 30 days, but Planned Parenthood has already said it will appeal, so the Iowa Supreme Court may put another stay on the rule pending its hearing of the case.

I’m surprised by this ruling. In a November 2013 decision granting Planned Parenthood’s request for a stay of the rule, Polk County District Court Judge Karen Romano sounded skeptical that rule would be upheld when courts considered the merits. She noted the lack of evidence of any adverse outcomes in more than 5,000 abortions using Planned Parenthood’s telemedicine system, the “peculiar” fact that the Board of Medicine required an in-person meeting between a patient and doctor for abortion services, but not for other telemedicine practices, and the likelihood that denying rural women access to medical abortion would increase demand for “surgical abortion, which is much more invasive and risky.” UPDATE: In the comments, Bleeding Heartland reader ahawby notes several factors that could have influenced Judge Farrell’s perspective on this case.

Today’s decision is a victory for opponents of abortion rights, because Iowa women in small towns and rural areas will face more hurdles to obtain abortions early in pregnancy. It’s also a personal triumph for Branstad’s legal counsel, Brenna Findley. As Judge Farrell’s ruling acknowledges, Findley was a vocal advocate of the rulemaking, urging the Board of Medicine to act quickly on the petition from pro-life activists, against the advice of the board’s own legal counsel as well as the Iowa Attorney General’s office.

Governor Terry Branstad and State Senator Jack Hatch are debating this afternoon at the Iowa State Fair. Iowa Public Television is live-streaming the event and will replay the debate at 7 pm tonight. Share any comments about the governor’s race in this thread. I will be updating with my thoughts after the jump.

Branstad has agreed to two other debates with Hatch, but his team are refusing to allow Lieutenant Governor Kim Reynolds to debate Hatch’s running mate, Cedar Rapids City Council member Monica Vernon. It’s a strange stance for a guy who is determined to make Reynolds the next governor.

UPDATE: My live-blog is after the jump. I will add more links and discussion later. If you missed the debate, you can watch at 7 pm on Iowa Public Television. They may also keep the video up on the IPTV website. SECOND UPDATE: The full debate transcript is now available here.

THIRD UPDATE: Mike Glover saw this debate as a sign Iowa “will actually have a governor’s race this year.” Click through to read the whole piece; I’ve posted excerpts below, after the liveblog.

Iowa Workers’ Compensation Commissioner Chris Godfrey submitted his resignation to Governor Terry Branstad yesterday in order to become chief judge of the Employee’s Compensation Appeal Board in Washington, D.C. later this month. I haven’t seen any official reaction from the Branstad administration. The governor has been trying to get rid of Godfrey since late 2010, even though the Iowa Senate had unanimously confirmed him to a fixed term as Workers’ Compensation Commissioner until 2015. During the summer of 2011, Branstad docked Godfrey’s pay after sending his chief of staff and legal counsel to demand his resignation one more time. The governor couldn’t articulate any reason for being dissatisfied with Godfrey, other than saying, “business groups in Iowa […] told me in no uncertain terms that they were not happy with the direction under Mr. Godfrey.” Branstad staffers publicly criticized Godfrey’s work, which along with the pay reduction and pressure to resign led to a defamation and discrimination lawsuit against the state of Iowa and six senior officials, including Branstad and Lieutenant Governor Kim Reynolds.

Last month, the Iowa Supreme Court ruled that Godfrey can sue individual officials as well as the State of Iowa for defamation, extortion and other claims. Yesterday, Godfrey’s attorney Roxanne Conlin confirmed that the lawsuit will move forward. I’ve posted her comments below, along with reaction from Democratic gubernatorial nominee Jack Hatch. Polk County District Court Judge Arthur Gamble told attorneys last week that a firm trial date will be set for sometime in 2015. Depositions are only just beginning in a case that has already cost the state of Iowa more than $500,000 in legal fees.

If Godfrey weren’t doing his job well, he would not have been offered a more senior and prestigious position in the same line of work. I don’t know whether Branstad wanted to get rid of him because Godfrey is openly gay, as the lawsuit alleges, or because the governor was taking marching orders from business groups. Either way, the governor never should have bullied and badgered this highly capable person, and the state should have settled this lawsuit a long time ago.

Any relevant comments are welcome in this thread.

P.S.- Has any Iowa governor ever hired a worse legal counsel than Brenna Findley? She’s supposed to steer her boss away from legal problems, not provide fodder for a lawsuit. Nor is this case her only misstep. Last summer, Findley contradicted legal advice from the Iowa Attorney General’s office and the attorney for the Iowa Board of Medicine, encouraging that board to move forward with abortion restrictions that have been temporarily blocked and will probably be struck down in a separate lawsuit.

UPDATE: Todd Dorman hits on the most disturbing aspect of this “saga”: “Truth is, governors have the power to make dozens and dozens of powerful appointments. The fact that Branstad would go to these lengths to get his hands on one job that eluded his grasp tells you quite a bit about how he views the limits of executive power. After nearly 20 years, he doesn’t see any.”

The Iowa Racing and Gaming Commission sent a strong message last week to backers of a casino project in Cedar Rapids: don’t bother trying to get a license for at least the next three years.

Rational actors would have started working on Plan B for prime downtown real estate as soon as commissioners voted down the application for a Cedar Rapids casino in April. But Mayor Ron Corbett and some other movers and shakers are determined to chase the gambling dream, through legislative or judicial means. Instead of taking the hint from the Racing and Gaming commissioners, Corbett is ratcheting up his strategy for gaining legislative approval for a new casino. He’s smart and experienced enough to know that state lawmakers need a better excuse for acting than “we don’t like what the commission did.” So, he’s now dressing the casino project up as a public health initiative. Lawmakers shouldn’t fall for or hide behind this ruse.

The nursing home industry already had too much political power in Iowa before Terry Branstad returned to the governor’s office. Since late 2010, Branstad has repeatedly demonstrated that he prefers a more lax inspection regime for residential care facilities, with fewer nursing home inspectors than state lawmakers are willing to fund.

But Branstad may have hit a new low this month, according to a story by Clark Kauffman in Monday’s Des Moines Register. Kauffman has reported extensively on substandard care in Iowa nursing homes. Following up on this year’s winners of the “Governor’s Award for Quality Care in Health Care Facilities,” Kauffman learned that one of the three honored facilities “was cited by inspectors seven weeks earlier for widespread unsanitary conditions and failure to meet residents’ nutritional needs.”

At this writing, I could not find the July 9 press release announcing the awards on the governor’s official news feed. I found it on the Department of Inspections and Appeals website and posted the full text after the jump.

I also enclosed excerpts from Kauffman’s report, but you should click through to read every disgusting detail about the Woodland Terrace in Waverly (Bremer County). I challenge Branstad or Lieutenant Governor Kim Reynolds to move any of their own beloved relatives to a home with such low standards of hygiene. It’s bad enough that Woodland Terrace wasn’t fined after the conditions inspectors found when they visited in May. To honor that facility is outrageous.

Regarding the other two award-winners, Kauffman noted that Prairie View Home in Sanborn did not have any violations during its most recent inspection, but Friendship Haven in Fort Dodge was cited in late 2013 “for failure to provide adequate incontinence care for residents; failure to adequately treat bedsores; and failure to keep food at the proper temperature before serving.”

For two days I’ve been trying to find the words to react to Governor Terry Branstad slamming the door on unaccompanied and undocumented immigrant children who are staying in crowded facilities near the U.S. southern border. Since last fall, at least 50,000 children are estimated to have entered the country via Mexico from various countries of origin, mainly Honduras, El Salvador and Guatemala. The Obama administration has asked governors to help house the kids. During his Monday press briefing, Branstad made clear he doesn’t want any of the children sent to Iowa.

It’s not that I expected Branstad to welcome any of these kids. This is a guy who demagogued on illegal immigration during his last campaign and disagrees with the U.S. Supreme Court ruling that allows undocumented children to be educated in public schools. Still, for those of us old enough to remember Governor Bob Ray welcoming refugees from Asia to Iowa during the 1970s, it’s dispiriting to hear Branstad trot out tired excuses and talking points. He wants “empathy for these kids” but doesn’t want to “send the signal to send these children to America illegally.” As if these children deliberately broke the law. As if families in desperate circumstances, trying to save their kids from murderous gangs in central America, would be influenced by “signals” from generous Iowans.

I have nothing profound to say, I just find it depressing to hear the governor cite some charitable work by his wife as an excuse not to do anything to alleviate a humanitarian crisis. After the jump I’ve posted some news clips on the story, along with a call to action from the Interfaith Alliance of Iowa. Any relevant comments are welcome in this thread.

P.S.- What a disgrace for WHO-TV to allow reporter Aaron Brilbeck to file a story referring to human beings as “illegals” in the headline and the lede. Where were the newsroom editors? I expect that kind of language in a press release from Representative Steve King’s office, not from a reputable media organization.

P.P.S.- Philip Brasher, formerly of the Des Moines Register, filed an excellent feature for Roll Call about “The Other Side of the Border.”

A year after Iowa law changed to require the governor to approve all Medicaid reimbursements for abortions, the new policy does not appear to have limited low-income women’s access to abortions in cases of rape, incest, threat to the mother’s life or severe fetal abnormality.

On the other hand, the policy has in effect ended Medicaid coverage of abortion in Iowa, which was already among the most restrictive states in this area.  

The Iowa Supreme Court on Friday affirmed a lower court ruling that will make it easier for small-scale solar projects to move forward in Iowa. The up-front cost of installing solar panels has long been a barrier to unlocking Iowa’s huge potential to generate solar power. Now municipalities, home or business owners will be able to have solar panels installed through a “third-party power purchase agreement,” whereby they pay for the electricity generated after installation.

Follow me after the jump for background on this case, key points from the majority ruling, and reaction to the decision. Advocates for solar power in Iowa and elsewhere are enthusiastic about the potential for more small-scale renewable energy projects (sometimes called “distributed generation”). Utility companies are warning that the ruling will drive up electricity costs.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

Among the new Iowa laws that took effect at the beginning of the current fiscal year on July 1, the act legalizing the use of cannabis oil for certain seizure disorders drew the most media attention. Senate File 2360 (full text) passed the Iowa House and Senate during the final hours of the 2014 legislative session. This week the Iowa Department of Public Health released draft rules on how Iowans can gain legal access to this drug derivative for medical purposes. This page on the Iowa DPH website contains details on how to obtain a “Cannabidiol Registration Card.” Eligible Iowans will be able to pick up cards through their county’s Iowa Department of Transportation office, because DOT offices are more accessible for many people.

During negotiations with Iowa House Republican leaders and staff from Governor Terry Branstad’s office, the scope of Senate File 2360 was narrowed to cover only the use of cannabis oil (not marijuana in any smokeable form), and only for seizure disorders, meaning that roughly a few hundred Iowa families will benefit from the new law. But a criminal trial verdict that made headlines this week may spur future efforts to help the thousands of Iowans who seek to use marijuana to treat chronic or terminal health conditions. A Scott County jury convicted Benton Mackenzie, along with his wife and son, of drug charges for growing marijuana plants. Mackenzie’s elderly parents are due to stand trial soon for allowing the plants to be grown on their property. The presiding judge didn’t allow Mackenzie’s attorneys to tell jurors he was growing the drugs to treat a rare cancer, because medical marijuana is not legal in Iowa.

Quad-City Times reporter Brian Wellner covered the Mackenzie case and discussed it on Iowa Public Radio this week. After the jump I’ve posted excerpts from a few news reports on the verdict. I agree completely with State Senator Joe Bolkcom, the leading advocate for medical marijuana in Iowa, who called the decision to prosecute Mackenzie and his family members a “waste of taxpayer money.”  

In a 4-3 split decision, the Iowa Supreme Court affirmed today a Polk County District Court ruling that dismissed a lawsuit seeking to nullify new state water quality rules.

The environmental community and groups representing big agribusiness have closely watched this case for years, because the “antidegradation” rules are an important step toward bringing Iowa into compliance with the federal Clean Water Act. Had this lawsuit succeeded, no strong water quality rules would have seen the light of day for the forseeable future in Iowa, because Governor Terry Branstad has packed the State Environmental Protection Commission with advocates for agribusiness.

Follow me after the jump for more background on the case and details about today’s decision.

UPDATE: Added reaction from the Iowa Farm Bureau and the Iowa Environmental Council below. If there’s a more hypocritical statewide organization than the Farm Bureau, I can’t think what it could be.

A detailed analysis by the Iowa Policy Project shows that immigrants contribute substantially “to Iowa’s economy both as workers and employers,” and could contribute more “if immigration reform were to make work authorization or a path to citizenship possible” for some undocumented Iowa residents. You can read the full report by Heather Gibney and Peter Fisher here (pdf). I’ve enclosed excerpts from the executive summary after the jump.

One key finding is that contrary to the image fostered by some politicians, undocumented immigrants are not a drain on state or federal budgets. They generate significant revenue for public assistance programs, from which they cannot benefit. Representative Steve King (R, IA-04) is notorious for his demagoguery against “illegals,” but sadly many other Iowa Republican elected officials, including Governor Terry Branstad, have promoted myths about undocumented immigrants taking state benefits.

The Iowa Supreme Court ruled unanimously on Friday that a District Court should hear a lawsuit eight Muscatine residents have filed against the Grain Processing Corporation. Muscatine locals have long had to breathe some of Iowa’s dirtiest air, and the Grain Processing Corporation has long been one of the area’s major polluters. Despite being forced to pay a $538,000 civil penalty for air pollution violations eight years ago, the corporation continued to emit excessive amounts, leading to a lawsuit by Iowa Attorney General Tom Miller in 2011. Earlier this year, the company settled that lawsuit, agreeing to pay a $1.5 million civil penalty and to take several steps to reduce toxic emissions from the facility.

But the Grain Processing Corporation stood and fought when local residents filed a class-action lawsuit two years ago, citing health risks as well as damage to personal property related to the air pollution near the plant.

In 2013, a District Court judge granted the defendant’s motion to dismiss the case, prompting plaintiffs to appeal. The Iowa Supreme Court found that the Grain Processing Corporation “was not entitled to summary judgment” and sent the case back to District Court, which will consider the lawsuit on its merits. You can read the full text of Justice Brent Appel’s ruling here (pdf). (It’s more than 60 pages long and gets into some technical legal issues.) All the other Iowa Superme Court justices concurred, except for Justice Edward Mansfield, who recused himself because some of his former law partners were representing the corporation.

After the jump I’ve posted more background on the lawsuit and excerpts from Jason Liegois’ report for the Muscatine Journal on the Iowa Supreme Court ruling. The plaintiffs are not guaranteed to succeed in District Court, but at least they can present their case. In addition to fighting the lawsuit at the lower court level in Iowa, the Grain Processing Corporation could appeal to the U.S. Supreme Court, arguing that the federal Clean Air Act preempts claims like the ones the Muscatine residents are making.

The Iowa Racing and Gaming Commission voted 3-2 today to grant a casino license for a $40 million project near Jefferson (Greene County) in western Iowa, between Boone and Carroll counties. Residents had overwhelmingly approved a gambling referendum last year, but the outcome was in doubt because the commission recently voted down a casino proposal for Cedar Rapids. According to Dar Danielson’s report for Radio Iowa, the commissioners who opposed the license cited evidence a new casino would largely take business from existing Iowa casinos, and that the Greene County community didn’t need a gambling facility as much as other amenities. The commissioners who favored the license cited the potential economic impact for a rural area.

The Prairie Meadows Racetrack and Casino in Polk County had lobbied the commission to reject Greene County’s application, citing potential impact on its business. Jefferson is a little more than an hour’s drive northwest of the Des Moines metro area. But in casting the decisive yes vote, Racing and Gaming Commission Chair Jeff Lamberti noted,

We have lots of advantages in Polk County and I think we have lots of advantages that are going to come in the future,” Lamberti explained. “We’ve got significant population growth amongst all of our suburbs. We’ve got some good things that are in the work that are pretty historic by Iowa standards. And quite frankly, we have advantages that a lot of other parts of the state don’t have, and quite frankly I think we are going to be just fine.”

Cedar Rapids Mayor Ron Corbett, who has vowed to keep working toward a casino for his city, sounds furious about today’s decision. I’ve posted some of his comments below.  

In a 5-2 split decision, the Iowa Supreme Court ruled on Friday that a District Court judge should determine whether Iowa Workers’ Compensation Commissioner Chris Godfrey can sue Governor Terry Branstad and five other administration officials individually for defamation, extortion and other claims. Follow me after the jump for background, links and details about the opinion.  

Yesterday the U.S. Environmental Protection Agency rolled out a proposed rule to reduce carbon emissions from power plants. The full text of the rule and several short fact sheets are available on the EPA’s website. Click here to read EPA Administrator Gina McCarthy’s speech about the new policy. This fact sheet makes the short and sweet case for targeting power plants, “the largest source of carbon pollution in the U.S.” The new policy goal is to “cut carbon pollution from the power sector by 30 percent from 2005 levels” by the year 2030. Other associated benefits: cutting levels of soot and smog in the air by over 25 percent in 2030, and saving money and lives through reducing air pollution. In fact, the EPA estimates $7 in health benefits for every dollar spent to implement the new policy.

While some in the environmental community were hoping for more aggressive carbon reduction targets, the new rule would be a big step in the right direction. For too long, elected officials in Iowa and nationally have ignored evidence that we need to address climate change. Furthermore, coal’s “assault on human health” is immense and under-appreciated.

Iowa political reaction to yesterday’s news was mostly disappointing but not surprising. I’ve enclosed noteworthy comments at the end of this post. But first, let’s examine three reasons Iowans should embrace the EPA’s new rule.  

It’s one of the oldest tricks in any governor’s playbook: schedule media events for bill signing ceremonies you want the public to hear about, while burying bad news late on a Friday, after reporters have filed their stories. I was worried Governor Terry Branstad would make big cuts to environmental funding just before Memorial Day weekend, as he had cut food bank money two years ago.

Instead, Branstad’s office released the news about this year’s spending vetoes after dinnertime on Friday, May 30. Hours earlier, the governor had welcomed reporters, lawmakers, and members of the public to watch him sign a bill legalizing the possession of cannabis oil to treat seizure disorders, as well as a bill altering Iowa’s HIV transmission law.

Follow me after the jump for the gory details. I no longer consider 2014 a good year for Iowa environmental funding.

Comments to the Iowa Department of Natural Resources are still needed in support of a 2012 rule that requires developers and home builders to leave four inches of topsoil on the ground after construction. Bleeding Heartland discussed this issue last week, and Todd Dorman wrote a more detailed background piece for the Cedar Rapids Gazette earlier this month. I’ve posted excerpts from that article below.

Iowa has lost too much of its world-class topsoil already. Not only does this non-renewable resource help plants grow, it reduces stormwater runoff that can cause flooding and water pollution. As Dorman points out, homeowners would also benefit from having more topsoil on their lots, so they could grow grass or other plants without having to inundate hard clay subsoil with chemicals. Representatives of business groups that oppose the DNR rule have estimated its cost at between $1,200 per residential to $2,500 or even $5,000. I haven’t seen any estimate of the hidden costs of more flooding and excess nutrients in waterways. Although farms contribute more to Iowa topsoil runoff than new residential construction does, we all have to do our part.

A public hearing on the soil conservation rule is happening this Thursday, May 29, in Des Moines; click through for details on how to participate in person or by phone. Public comments can be sent via e-mail to Adam.Schnieders AT dnr.iowa.gov, ideally before Thursday’s meeting.  

In August 2012, Governor Terry Branstad issued an executive order creating a mechanism for “stakeholder groups” to block potentially “burdensome” administrative rules proposed by state agencies. Those groups include representatives of businesses that would be affected by any new regulation. One of those stakeholder groups is meeting next week to discuss the fate of a rule the Iowa Department of Natural Resources has advanced in order to reduce soil runoff and storm water discharge associated with construction activities.

You can view the rule here (pdf). The main point is to require developers and home builders to leave four inches of topsoil on the ground after construction, so that yards will be able to absorb more of the expected rainfall. Some business interests oppose the rule because it will add costs to construction. But they are not considering the hidden costs of runoff (increased water pollution and a loss of irreplaceable topsoil). State government needs to act in the public interest and not only consider the bottom line of a few companies.

An action alert I’ve posted after the jump provides more background and details. Lucy Hershberger, an Iowa City-based landscaper who serves on the stakeholder group, wrote it and gave me permission to publish here. The Iowa DNR is accepting public comments on this issue via e-mail: Adam.Schnieders AT dnr.iowa.gov. It would be better to submit those comments before the public hearing scheduled for May 29. People can also attend that hearing, either in person or by telephone (instructions for calling in are below).  

During the 2014 legislative session, the Iowa Senate confirmed all but a handful of Governor Terry Branstad’s more than 200 nominees for state boards and commissions. It’s not unusual for senators to vote down one or two appointees, but this year the Senate confirmed everyone who came up for a vote on the floor.

The only close call was former Iowa House Republican Nick Wagner, confirmed to the Iowa Utilities Board last month with just one vote to spare. Branstad originally named Wagner to the three-member utilities board in 2013 but pulled his nomination when it became clear that senators would not confirm him. Branstad named Wagner to that board anyway, right after the Senate adjourned for the year in 2013. By the time his nomination came up for consideration this year, a couple of factors that worked against him were no longer relevant. Former State Senator Swati Dandekar had resigned from the board to run for Congress, so there would no longer be two of three members from Marion (a Cedar Rapids suburb). Furthermore, Branstad named attorney Sheila Tipton to replace Dandekar, so senators could no longer object to the lack of a lawyer on the Iowa Utilities Board.

Still, most of the Democratic caucus opposed Wagner’s nomination. State Senator Rob Hogg cited the nominee’s support for a bad nuclear power bill that the legislature considered a few years back. Meanwhile, State Senator Matt McCoy (who incidentally wanted to pass the nuclear bill) noted that as a key Iowa House Republican on budget matters, Wagner “was not willing to listen” and “took very difficult and very hard-line positions.” After the jump I’ve posted the roll call on the Wagner nomination; 11 Democrats joined all 24 Republicans to confirm him.

As in recent years, the governor withdrew a handful of nominees who were not likely to gain at least 34 votes (a two-thirds majority) in the upper chamber. A few nominees for low-profile boards had to go because of party imbalance issues. Chet Hollingshead, one of seven Branstad appointees to the Mental Health and Disability Services Commission, never came up for a vote, presumably because of a theft incident Bleeding Heartland user Iowa_native described here.

I am not sure why Senate Majority Leader Mike Gronstal informed Branstad that Jason Carlstrom was unlikely to be confirmed as chair of the Iowa Board of Parole. The governor first appointed Carlstrom to that position in the summer of 2012, to fill out the remainder of someone else’s term. The Iowa Senate unanimously confirmed him during the 2013 legislative session. When Branstad reappointed Carlstrom to the parole board this year, I didn’t expect him to run into any trouble. I will update this post if I learn more details.

The highest-profile nominee withdrawn by Branstad was former Iowa House Republican Jamie Van Fossen, whom the governor wanted to chair the Public Employment Relations Board. Cityview’s Civic Skinny described the backstory well; I’ve posted excerpts after the jump. Van Fossen still serves on that board, having been confirmed to a full term in 2012. But the new chair will be Mike Cormack, a Republican who served four terms in the Iowa House and later worked for the State Department of Education. Senators unanimously confirmed Cormack last month. The outgoing Public Employment Relations Board chair, Jim Riordan, has alleged that the board faced political pressure from Branstad staffers to hire an employer-friendly administrative law judge.

Be careful what you brag about in politics. Iowa Secretary of State Matt Schultz highlighted alleged cost savings to the state in his Congressional campaign’s first television commercial. As journalists looked more closely at staff reorganization in the Secretary of State’s Office, they discovered details that will likely derail Schultz’s aspirations in IA-03.

Ryan Foley of the Associated Press was the first to report that Schultz kept his political appointee Jim Gibbons on the payroll for seven months after deciding to eliminate Gibbons’ position. It’s not clear what work, if any, Gibbons was doing during his final months as a state employee.

Yesterday Foley reported for the Associated Press and Jason Clayworth reported for the Des Moines Register on more political appointees whom Schultz allowed to work from home after requesting their resignations in 2011 and 2012. I’ve posted excerpts from both stories after the jump, but you should click through to read them in full. In a statement to the Des Moines Register, Schultz defended his actions:

“What the liberals in the media are ignoring as they level their attacks against me, is that the Department of Administrative Services, the state’s personnel experts, advised my office that instead of severance an agency could keep an employee on payroll longer than they are required to come to the office, so long as the employee was available for phone calls and questions from home. […] If the media had real integrity they would be thanking me for protecting Iowa’s election integrity and finding ways to save Iowa taxpayers more than $200,000.”

I doubt that excuse will fly in a GOP primary where voters have several other credible candidates to choose from. Schultz has some powerful backers and donors, but so do a few rivals with less baggage. Even if Schultz surprises me by winning the Republican nomination in IA-03, the latest revelations provide plenty of ammunition for Staci Appel in the general election–not that we needed more proof that Schultz has been ineffective in his current position. He pursued the wrong priorities and spent federal funds on his own crusade rather than how they were intended to be used.  

What’s on your mind this weekend, Bleeding Heartland readers? This is an open thread: all topics welcome.

The Iowa legislature got out of town on May 2, 110 calendar days after the 2014 session began. That’s ten days after lawmakers’ per diem payments ran out but earlier than in any year since 2010, when Democrats held majorities in both chambers. After the jump I’ve posted closing remarks delivered by the top Iowa Senate Democrats (Majority Leader Mike Gronstal and President Pam Jochum) and the top Iowa House Republicans (Speaker Kraig Paulsen and Majority Leader Linda Upmeyer). A series of posts next week will focus on some of the more significant legislative results from the session, as well as important bills that never did pass.

I’ve also enclosed Gronstal’s prepared remarks on the final Iowa Senate vote of the session: granting subpeona power to the Government Oversight Committee to continue investigating various scandals in Governor Terry Branstad’s administration. Gronstal emphasized that the resolution is “narrowly drafted” and “not a criminal investigation. The goal is not to convict people. The only goal is to find out what went wrong [in state government] and how to fix it.” The resolution passed by voice vote just before the Senate adjourned on Friday morning. Iowa Senate Minority Leader Bill Dix blasted what he called a “dangerous” and “underhanded partisan move.” He claimed the “disruption of separation of powers” will invite “a state constitutional crisis,” and that the Oversight Committee’s investigation is politically motivated.

Finally, in non-legislative news, Patrick Caldwell reported for Mother Jones this week on a remarkably shady deal involving Danny Carroll in 1996. At the time, Carroll was a real estate agent in the Grinnell area and an Iowa House Republican. He currently chairs the Republican Party of Iowa–though probably not for much longer. After reading Caldwell’s piece, I want to know why anyone supposedly committed to Christian values would participate in a scheme to take advantage of an elderly widow with debts.  

Matt Schultz is touting his management of the Iowa Secretary of State’s office in a television commercial promoting his campaign in Iowa’s third Congressional district.

But new reports by Ryan Foley of the Associated Press indicate that when reorganizing the Secretary of State’s office, Schultz showed preference to a political appointee and allowed him to keep collecting a large salary despite doing little if any work for the government.

I’ve been meaning to catch up on the various Branstad administration scandals involving alleged politically-motivated firings, cronyism affecting state contracting and hiring for certain public positions, “hush money” paid in exchange for non-disclosure agreements with fired state employees, blacklists that prevent former employees from gaining other state jobs, interference in what should be non-political work, and possible misuse of federal funds by the Department of Administrative Services in order to make some of the unauthorized secret settlement payments. Governor Terry Branstad realized nearly two weeks ago that his quickie internal review and executive order on secret settlements were not sufficient. He fired Department of Administrative Services Director Mike Carroll after Carroll gave inaccurate testimony at a legislative hearing. But almost every day, the Des Moines Register or some other media outlet has a new angle on alleged wrongdoing.

Last week’s Loras College survey of Iowa Republicans indicated that Branstad has nothing to worry about from his GOP primary challenger, Tom Hoefling. But a Public Policy Polling survey released today shows Branstad’s approval as low as I can remember seeing it during his current term, and the incumbent barely ahead of Democratic challenger Jack Hatch.

Full results from the survey are here (pdf). Highlights are after the jump.  

The State Racing and Gaming Commission voted 4-1 this morning against allowing a new casino to be built in downtown Cedar Rapids. Last year Linn County voters approved a casino referendum by a 20-point margin. Even some opponents of the project believed its construction was inevitable, given the political connections of the group hoping to build in Cedar Rapids. However, today’s vote is in line with the precedent of approving gambling licenses only where new casinos would not “cannibalize” from existing ones in Iowa. Four years ago, the Racing and Gaming Commission rejected applications for casino projects in Fort Dodge, Ottumwa and Tama County, despite public approval of all three plans. Multiple studies indicated that the Cedar Rapids casino would draw much of its business from Iowans who now visit casinos in Riverside or Waterloo.

I will update this post as needed with political reaction to today’s vote. Although many Bleeding Heartland readers will be disappointed, I agree with economists who have argued that the “interior casinos” not near Iowa borders do not promote economic development. Meanwhile, new casinos incur significant social costs.

Already I’ve seen several Cedar Rapids residents asking whether the CEO of the Riverside casino will build the waterpark he promised last year, if Linn County voters rejected the casino project. Don’t hold your breath.

UPDATE: In his report for the Cedar Rapids Gazette, Rick Smith noted that Cedar Rapids Mayor Ron Corbett “served in the legislature with three of the five members of the Iowa Racing and Gaming Commission.” Former Iowa House Republican and Iowa Senate Republican Jeff Lamberti both voted no this morning. Dolores Mertz, who used to be the most conservative Iowa House Democrat, was the only commissioner to vote yes.

SECOND UPDATE: Further thoughts and more reaction are after the jump.

I'm gonna go on a rant…about an attempted RAPE.

Yes, I mean every word and hyperbole I'm uttering on this post. REAP (Resource Enhancement & Protection) is being RAPED! For Agriculture…by agri-business…to correct it's mistakes in a supposedly free and private market of farming. How is this rape of taxpayer funds and DNR license plate fees occurring and for what specifically? Read on My friends. 

The Iowa House of Representatives wants to put REAP dollars toward… agri-terrace projects, forestry management (subject to logging), and water nutrient pollution clean-up programs because farmland soil is laden with fertilizer chemicals. These are all worthy issues to be addressed on their own I say, and should indeed be addressed and monies put toward mitigation efforts. The Iowa Dept. Of Ag has jurisdiction on all these problems, and they should since their policies and practices created them in the first place.

This isn't an indictment of farmers, because most are great conservationists of their own free will as it's good business and good citizenship. I commend those Iowa farmers, especially my Linn County ones, who work hard to be responsible neighbors, citizens and conservationists…voluntarily I might add! But I don't give a pass to bad apples, policy-makers, or special interest Ag industry lobbyists.

The applicant pool for Iowa’s judicial vacancies has been declining in recent years, Mike Wiser reported for the Waterloo-Cedar Falls Courier on March 30. Iowa courts administrator David Boyd has been analyzing trends across the state and concluded that during the past decade, “The applicant pools [for District Court judgeships] were shrinking not only in terms of quantity but in quality, too.”

Applications for court vacancies are down by about half of what they were 10 years ago in four of the eight judicial districts, and down by a third in another two, according to Boyd’s figures.

Wiser’s article identifies three main reasons for the trend. First, District Court judges earn an annual salary of $138,130, which is well above the state average but below what high-performing attorneys can earn in private practice. Iowa Supreme Court Chief Justice Mark Cady asked state legislators to increase judges’ pay by 4.5 percent, but State Representative Gary Worthan, who chairs the Iowa House Appropriations subcommittee on the judicial system told Wiser, “we’ve got other priorities this year.”

Second, years of state budget cuts to court support staff have also made the work of a judge less appealing, according to several people Wiser interviewed.

Finally, University of Iowa School of Law professor Patrick Bauer and others cited the successful 2010 campaign against retaining three Iowa Supreme Court justices. That crusade was the first and perhaps the last time a politically unpopular ruling ended judges’ careers in Iowa. Nevertheless, it has deterred some attorneys from aspiring to become judges. Bob Vander Plaats and his fellow social conservatives failed to end marriage equality in Iowa, but they have left their mark on the judicial system.

The former Chief Administrative Law Judge for Iowa Workforce Development filed suit yesterday in Polk County District Court against the State of Iowa and Iowa Workforce Development Director Teresa Wahlert. You can read the full text of Joseph Walsh’s lawsuit here (pdf). After the jump I’ve posted an excerpt from his case. Walsh alleges that the IWD director “interfere[d] with the administrative judicial process in order to favor employers,” attempted “to illegally strip [Walsh] of his merit protection,” and eventually retaliated by removing him in “a political reorganization disguised as a budget layoff.”

I’ve also enclosed below a statement Wahlert released yesterday, denouncing the “frivolous lawsuit.” Wahlert contends that while serving as chief administrative law judge, Walsh failed in basic management responsibilities.

Last month, Democratic State Senator Bill Dotzler asked the U.S. Department of Labor to investigate claims that Wahlert interfered with the work of Iowa’s administrative law judges, hoping to secure more favorable outcomes for employers in unemployment cases. Governor Terry Branstad rejected Dotzler’s allegations against Wahlert without conducting any internal review of the matter.

At a press conference in Des Moines on April 3, Walsh asserted that “in many ways this administration is tearing the Department of Workforce Development down.” Wahlert’s agency was at the center of political controversy in 2011, when the Branstad administration moved to replace dozens of Iowa Workforce Development field offices around the state with hundreds of computer terminal access points. That reorganization led to a lawsuit and eventually an Iowa Supreme Court ruling that the governor had overstepped his authority by striking legislative language about the IWD offices without vetoing the money allocated to fund those offices.  

The career Division of Criminal Investigation agent who lost his job shortly after reporting a speeding incident involving Governor Terry Branstad’s SUV is willing to drop his lawsuit against the state if he can get his old job back, James Q. Lynch reported yesterday for the Cedar Rapids Gazette.

“He is interested in returning and it’s our understanding the position is still available,” said Tom Duff, a Des Moines attorney representing former DCI special agent Larry Hedlund.

Hedlund was a central figure in a high-profile incident last April where a state trooper driving an SUV carrying Branstad and Lt. Gov. Kim Reynolds was clocked driving 84 mph in a 65-mph zone. […]

Although officially retired now, Hedlund is interested in returning to work, Duff said. Since the incident, the director of the Department of Public Safety has left state employment and two others involved in the handling of the Hedlund case have moved to other jobs.

The former Department of Public Safety chief was Brian London, who stepped down last September. His tenure at the agency was a real train wreck. The Iowa Senate recently confirmed Larry Noble to run the department again; he was Branstad’s first choice for that job.

By many accounts, Hedlund was a solid employee during his long career at the DCI. If he is willing to work there again, rehiring him seems like an easy call. I can’t imagine why the state would prefer to roll the dice on expensive litigation. Court hearings would only generate more coverage of Hedlund being forced out. Hedlund’s attorney told Lynch that he has not heard back yet from the Iowa Attorney General’s Office.  

Governor Terry Branstad responded today to two political scandals that broke while he was on vacation last week. The big news was the governor signing an executive order “to increase accountability, openness and transparency of employee settlements.”

Branstad’s behavior reflects an odd understanding of those words. He is not holding anyone accountable for forcing out permanent employees and attempting to keep settlement deals a secret. His administration’s alleged “thorough review” of the deals took place behind closed doors over the span of a few days. Branstad rejected any outside investigation of the matter and dismissed accusations against Iowa Workforce Development Director Teresa Wahlert without even basic fact-finding.  

A few days before he will formally step down as the Republican Party of Iowa’s leader, A.J. Spiker advocated legalizing medical marijuana in a guest editorial for the Sunday Des Moines Register. Excerpts from Spiker’s column are after the jump. Framing the case for medical cannabis in terms of personal freedom, Spiker rebuked Republicans who have been unwilling to acknowledge strong arguments for allowing doctors to prescribe the drug. While he didn’t name names, his points came across as a rebuttal to Governor Terry Branstad, who would rather drag his feet on this issue.

Spiker and Branstad have clashed repeatedly, and it’s an open secret that the governor hasn’t been happy with the Iowa GOP’s priorities or fundraising since Spiker took over from Matt Strawn in early 2012. It’s shrewd for Spiker to stake a claim for medical marijuana, a position that is increasingly popular, especially with younger voters. Now his last impression as state party chair will be as a forward-thinking leader, rather than the guy who sometimes seemed to care more about Ron Paul’s Liberty movement than about electing Republicans.  

Speaking of medical marijuana, the issue was the focus of last Friday’s edition of Iowa Public Television’s “Iowa Press” program. Steve Lukan, director of the governor’s Office of Drug Control Policy, appeared along with West Des Moines Mayor Steve Gaer and State Senator Joe Bolkcom, leading advocates for legalizing medical cannabis using the New Mexico model. The video and transcript are available here. I was disappointed to see Lukan basically repeat the same talking points throughout the program, without acknowledging that many legal drugs can also be abused and may have devastating side effects for patients. Branstad didn’t search for anyone with expertise in drug policy before offering the state’s top job in this area to Lukan.

Transportation policy doesn’t often generate passionate public debate, but everyone seems to have a strong opinion about traffic cameras. Last week the non-profit news service Iowa Watch published an excellent piece on how traffic cameras are used in Iowa and the conflicting evidence about whether they improve public safety. Kelsey Block’s article inspired me to compile arguments for and against this law enforcement tool.

While Governor Terry Branstad vacations in Arizona this week, his administration is facing new allegations of misconduct. As first reported in the Sunday Des Moines Register, at least six former state employees were offered secret settlement deals after claiming they were forced out of their jobs for political reasons. Today, Democratic State Senator Bill Dotzler announced that he is seeking a federal investigation into the actions of Iowa Workforce Development Director Teresa Wahlert, whom Dotzler accused of interfering with the work of administrative law judges.

After the jump I’ve posted several links about both scandals as well as some political reaction. Any relevant comments are welcome in this thread.

The Iowa legislature’s second “funnel” deadline passed late last week. To remain eligible for debate during the remainder of this year’s session, most legislation needed to have passed one chamber as well as a committee in the other chamber. There are a few exceptions to the rule, namely appropriations bills and some tax measures. Rod Boshart listed the most significant “dead” and “alive” bills for the Cedar Rapids Gazette. The Iowa House Republican staff compiled a more comprehensive list of “second funnel survivors,” including bill summaries. The Iowa Senate Democratic staff highlighted the most important bills passed by the Senate that died in the House.

After the jump I’ve enclosed more links and some analysis on bills that died as well as those still under consideration. From my perspective, the most surprising casualty of the funnel was a bill to extend the statute of limitations for sex crimes against children (see the “safety and crime” section below).

Any comments on pending legislation in the Iowa House or Senate are welcome in this thread.  

Iowa’s Resource Enhancement and Protection program (REAP) celebrates its 25th anniversary this year. Among the most successful conservation initiatives in Iowa history, REAP has cumulatively distributed about $300 million to thousands of projects across the state. It is mostly funded through gaming revenues that go into the state’s Environment First Fund. In theory, REAP “is authorized to receive $20 million per year until 2021,” but the state legislature has never fully funded REAP to the authorized level. This year’s budget included $16 million for REAP, and Governor Terry Branstad kept that item at the same level in his draft budget for fiscal year 2015.

Today about three dozen non-profit organizations gathered at the State Capitol for the annual Environmental Lobby Day organized by the Iowa Environmental Council. I attended the event because I’m active in the IEC and in several of its member organizations. At a press conference organized by the IEC, four speakers emphasized the need to increase conservation funding: Republican State Senator David Johnson, Democratic State Senator Bob Dvorsky, Iowa Natural Resource Commission Chair Margo Underwood, and Rod Marlatt, executive director of the Fayette County Conservation Board. Dvorsky particularly emphasized his goal to secure $25 million in funding for REAP in the coming fiscal year, in honor of the program’s 25th anniversary.

Because REAP-supported projects are often popular locally, the program has mostly escaped the partisan divisions that have led to the demise of some state initiatives. Today the Iowa House approved a resolution celebrating the 25th anniversary of REAP. Remarkably, 96 of the 100 state representatives co-sponsored this resolution, which House Democrat Chuck Isenhart proposed. Now that they’re on record agreeing, “Iowans strongly believe that the Resource Enhancement and Protection Program is a successful venture worthy of the continued support of the General Assembly,” let’s hope they will put a lot of money where their mouths are. The $25 million in REAP funding has an excellent chance of clearing the Iowa Senate, since Dvorsky chairs the Appropriations Committee. Will the Iowa House go along? The many state lawmakers who spoke with Environmental Lobby Day exhibitors today included House Majority Leader Linda Upmeyer and several members of the House Appropriations Committee.

After the jump I’ve posted background on the REAP program from the Iowa Department of Natural Resources website, including a map showing how much REAP funding has gone to each of Iowa’s 99 counties. I also enclosed a press release from the Iowa Environmental Council, with highlights from speakers at the conservation rally.

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.

Governor Terry Branstad’s office released a long list of nominees to state boards and commissions yesterday. I’ve posted the full list after the jump. As he’s done during the past three years, the governor tapped several former state legislators or onetime Republican candidates for the Iowa House or Senate. The latest batch of appointees includes former GOP State Representative Lance Horbach for the State Judicial Nominating Commission, former GOP State Representative Jamie Van Fossen for the Public Employment Relations Board, and former GOP State Senator John Putney for the State Transportation Commission.

Branstad also re-appointed former GOP State Senator Jeff Lamberti to the Racing and Gaming Commission. I’m not surprised; the governor has expressed his confidence in him many times, even immediately after Lamberti’s drunk driving arrest in May 2012. A few weeks later, Lamberti pled guilty to driving while intoxicated, after which his colleagues elected him chairman of the Racing and Gaming Commission.

Several Iowa lawmakers in both parties have been caught driving after drinking too much alcohol. Lieutenant Governor Kim Reynolds was arrested for drunk driving twice while serving as a county treasurer. Arguably, Lamberti’s lapse in judgment is no impediment to leading one of the most powerful state commissions, which will soon make a high-profile decision on granting licenses to two new casino projects.

At the same time, it’s striking that Branstad, so committed to a continuing role in public life for Lamberti, so committed to seeing Reynolds succeed him as governor, is also determined to prevent tens of thousands of Iowans from ever participating in politics at the most basic level for a U.S. citizen. Since he signed an executive order making Iowa one of the most restrictive states for felon voting, only about 40 people have managed to regain their voting rights out of an estimated “25,000 offenders who finished their sentences for felonies or aggravated misdemeanors” since January 2011. Branstad’s policy affects mostly non-violent criminals. Non-white Iowans are more likely to be permanently disenfranchised, since Iowa is the worst state for racial disparities in marijuana arrests.

Branstad recently defended his policy on these terms: “At least somebody that commits an infamous crime such as a felony ought to pay the court costs and the fine associated with that crime before they expect to get their rights restored.” The governor knows perfectly well that most ex-felons are lucky to find a job that covers essentials like food and housing. Repaying thousands of dollars in court costs is not realistic for most of these people. Moreover, “infamous” crimes can include stealing a vending machine as a teenager. Denying thousands of Iowans a real chance to exercise their right to vote is a scandal, especially for a governor so forgiving of serious mistakes made by certain well-connected Republicans.

Last year voters in Linn County and Greene County approved proposals for new casinos for Cedar Rapids and Jefferson. But backers of those projects won’t welcome the new report commissioned by the Iowa Racing and Gaming Commission.

It’s been nearly ten months since former State Representative Rod Roberts confirmed that he was considering a campaign for U.S. Senate. I’ve long been a skeptic that Roberts has any niche or large constituency in a statewide Republican primary. In fact, I’d forgotten he was still thinking about the race. This week Carroll-based journalist Douglas Burns got the scoop in an interview: Roberts will not run for Senate, or Congress in the open third district, or for Iowa secretary of state in 2014. He cited family reasons and said he plans to continue his work as director of the Iowa Department of Inspections and Appeals. In late 2010, then Governor-elect Terry Branstad offered Roberts that position without considering any other candidates, even though Roberts had not applied for the job.

Burns has long been high on Roberts as a possible Senate candidate, but for once I agree with Steve Deace: “Rod didn’t offer a reason other than, ‘I’m Rod Roberts and I’m a nice guy.’ What’s your plan? […] Offer people something.” In his latest column, Burns floats the scenario of Roberts emerging as a compromise Senate nominee at a statewide convention if none of the current candidates receives 35 percent of the vote in the June primary.

Not bloody likely.

I do largely agree with Burns’ assessment of Mark Jacobs, though. Many Iowa Republicans will be skeptical of a candidate who only recently moved back to the state. Nor will they cut Jacobs slack for giving money to Democratic U.S. Senate candidate Jon Corzine in 2000, on the grounds that Corzine was CEO of Goldman Sachs, where Jacobs worked at the time.

I have a post in progress with more news on the Jacobs campaign. Meanwhile, any comments about the U.S. Senate race are welcome in this thread.

This morning Governor Terry Branstad stood by Iowa Department of Human Services Director Chuck Palmer and his handling of problems at the Iowa Juvenile Home in Toledo (Tama County). He also spoke confidently about his appeal to Iowa Supreme Court against a Polk County District Court ruling ordering that the Iowa Juvenile Home be reopened.

More background and details are after the jump.  

Polk County District Court Judge Scott Rosenberg ruled yesterday in favor of plaintiffs who are challenging the closure of the Iowa Juvenile Home by the Iowa Department of Human Services. Finding that the four state legislators and the president of a public employees union were “likely to succeed on the merits” when the court considers their lawsuit, Judge Rosenberg granted the plaintiffs’ request for a preliminary injunction. He ordered Governor Terry Branstad’s administration to “reopen the Toledo home and abide by the duly passed laws of the state of Iowa which established the Toledo Home […].”

After the jump I’ve posted an excerpt from the ruling, which you can read in full on the Des Moines Register’s website. I’ve also posted reaction from several of the plaintiffs and from Branstad.

This isn’t the first time a state court has found that the governor overreached in disregarding legislative intent on the allocation of state funds. Maybe Branstad should get better legal advice before deciding to ignore language from budget bills he signed into law.