# State Government



IA-Gov: PPP poll shows cronyism/hush money scandal hurting Branstad

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.  

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No casino for Cedar Rapids

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.

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Don't RAPE REAP

(The author has been a Linn County Supervisor since 2009 and previously worked with the Iowa Senate Minority leader. Bleeding Heartland discussed the bipartisan effort to increase REAP funding to $25 million here. - promoted by desmoinesdem)

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.

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Fewer Iowa lawyers seeking judgeships

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.

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Former administrative law judge sues state, Iowa Workforce Development Director Wahlert

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.  

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No-brainer: fired Iowa DCI agent wants his job back

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.  

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"Accountability, openness, and transparency" are in the eye of the beholder (updated)

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.  

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Spiker takes parting shot at Branstad over medical marijuana

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.

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The pros and cons of Iowa traffic cameras: links and discussion thread

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.

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Branstad administration scandal news and reaction thread (updated)

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.

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Iowa legislative news roundup: dead and alive after the second funnel

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.  

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Bipartisan push underway to increase Iowa REAP funding

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.

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Sioux City suing state to block traffic camera rules

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.

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Terry Branstad's philosophy of second chances

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.

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IA-Sen: Rod Roberts rules out running

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.

Branstad defends DHS director and appeals to Iowa Supreme Court

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.  

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Judge orders Branstad administration to reopen Iowa Juvenile Home

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.  

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Iowa's budget process leaves a lot to be desired

A new report by the Center on Budget and Policy Priorities shows that Iowa and many other states fail to incorporate enough long-term fiscal planning in the budget process. Click here to read the executive summary of the thoroughly researched piece by Elizabeth McNichol, Vincent Palacios, and Nicholas Johnson. Click here to download the full report (pdf).

After the jump I’ve posted the two-page fact sheet on Iowa, which scored only 4.5 out of a possible 10 and ranked 37th among the states. I’ve also enclosed a sidebar explaining the ten criteria they used to evaluate state fiscal planning. Table 1 toward the bottom of this page shows that Iowa received full marks under three categories: consensus revenue estimates, legislative fiscal offices, and budget status reports. Iowa received half-credit in three more categories: multi-year fiscal notes, pension oversight, and well-designed rainy-day funds. Iowa received zero marks in four categories: multi-year forecasting, a projection of future costs to deliver the “quantity and quality of services to residents that it is delivering in the current budget period,” pension funding and debt level reviews, and oversight of tax expenditures.

For years, the Iowa Policy Project and the Iowa Fiscal Partnership have been sounding the alarm on how Iowa needs to start calculating the costs of various tax breaks and tax credits.

While you’re at it, read the Iowa Fiscal Partnership’s recent background piece on why “Iowa lawmakers must recognize the long-term impact of tax cuts on spending choices. Past choices will force future legislatures to lower investments on critical services on which economic growth depends.”

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Branstad names Leonard Boswell to Iowa Transportation Commission

Yesterday Governor Terry Branstad appointed former U.S. Representative Leonard Boswell to the Iowa Transportation Commission. Boswell will replace former Iowa Senator Tom Rielly, whom the governor named to the commission in 2013. According to the press release I’ve posted after the jump, Rielly “resigned from the commission due to a business-related conflict of interest.”

Boswell served in the Iowa Senate during much of Branstad’s previous tenure as governor. During this year’s Condition of the State address, Branstad recognized Boswell for his work co-chairing the governor’s “Home Base Iowa” initiative to attract more veterans to Iowa.

While serving in Congress, Boswell rightly called attention to the poor condition of many roads and bridges across the state and in the Des Moines metro area. From my perspective, he was too eager to support some new road construction projects that were potentially harmful and not justified by traffic flows. But without question, he is knowledgeable about Iowa’s infrastructure needs and qualified to serve on the transportation commission.

I’ll be curious to see whether Iowa Senate Republicans put up a fight against Boswell. To be confirmed, he will need support not only from the 26 Senate Democrats but also from at least eight of the upper chamber’s 24 Republicans. Last year, Republicans resisted confirming their former Democratic colleague Tom Rielly to the transportation commission, prompting Branstad to withdraw the nomination during the legislative session and appoint Rielly on an interim basis after lawmakers had adjourned for the year.  

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Strengths and weaknesses of Brenna Findley in an IA-03 GOP primary

I was skeptical about these rumors, but according to Craig Robinson of The Iowa Republican, Governor Terry Branstad’s legal counsel Brenna Findley “has been meeting people about a congressional run in the Third District.” Findley told the Des Moines Register “that she appreciates the encouragement, but she’s focused on her job” in the Branstad administration. That phrasing falls short of ruling out a Congressional bid.

Follow me after the jump for first thoughts on strengths and weaknesses Findley might bring to a GOP primary campaign. At the end of this post, I’ve enclosed background on the potential candidate from her 2010 campaign bio and the news release announcing her appointment as legal counsel.  

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Reaction to Branstad's 2014 Condition of the State address

Immediately following Governor Terry Branstad’s Condition of the State address to Iowa legislators yesterday, Senate Majority Leader Mike Gronstal told Iowa Public Television that he “didn’t hear anything I disagreed with.” Not every Iowan who closely follows state government shared his reaction. State Senator Jack Hatch, the leading Democratic challenger to Branstad, slammed the governor’s “very shallow agenda” of “low expectations.”

After the jump I’ve posted more detailed comments from Hatch and a few other Iowa Democrats, as well as statements released by several non-profit organizations, which called attention to important problems Branstad ignored or glossed over.  

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Highlights from Branstad's 2014 Condition of the State address

Governor Terry Branstad delivered his annual “Condition of the State” address to Iowa lawmakers this morning. By Branstad’s standards, it was not a partisan speech. He drew several standing ovations from legislators in both parties, and it’s easy to imagine the Democratic-controlled Iowa Senate embracing most of the policies he advocated. In fact, immediately after the speech, Senate Majority Leader Mike Gronstal told Iowa Public Television’s Dean Borg that he “didn’t hear anything” he disagreed with. Gronstal did get in a quick jab at the governor, though, pointing out that Branstad hailed “predictability” for the state budget, which is what statehouse Democrats are seeking for school districts. During the last two years, House Republicans and Branstad have refused to comply with Iowa law requiring the legislature to set allowable growth levels for K-12 school districts a year in advance.

Highlights from the governor’s speech are after the jump. Click here to read the full text, as prepared. Any relevant comments are welcome in this thread.

Stylistic note: for a guy who’s been in politics as long as Branstad has, he keeps his eyes glued to his script a lot. Experienced public speakers typically make more eye contact with the audience.  

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Citizens Group Releases Video Advocating Additional Clean Water Standards

Citizens for a Healthy Iowa today released a new 30 second advertisement entitled ‘Drinking Water Roulette’. The ad is the first in a series that will highlight the need for Governor Branstad and the Legislature to improve standards holding Iowa farms accountable for cleaner water. ‘Drinking Water Roulette’ will air on statewide as well as in paid targeted online placements.

Citizens for a Healthy Iowa is a local clean water/environmental advocacy organization chaired by local environmental advocate Mike Delaney. 

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Miller-Meeks resigns from the Iowa Department of Public Health

Governor Terry Branstad’s office announced today that the governor accepted Mariannette Miller-Meeks’ resignation as director of the Iowa Department of Public Health. I’ve posted the press release after the jump. It does not explain why Miller-Meeks stepped down after nearly three years running the state agency.

Yesterday Miller-Meeks told the Des Moines Register that her false comment about Mountain Dew being the top purchase for Iowa food stamp recipients was “not political at all.”

“What I was trying to – perhaps not deftly – argue or state was: Should we have nutritional education for SNAP [Supplemental Nutrition Assistance Program], like we do for WIC [aid for Women, Infants and Children], and some prohibition for certain items?”

I would guess that her resignation is related to plans to run for Congress in Iowa’s second district, not any gaffe about food stamps. Heck, in the Republican Party what Miller-Meeks said probably isn’t even a gaffe.  

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Disturbing account of "education" in virtual charter schools

In 2012, the Iowa legislature agreed to a three-year experiment with the the Iowa Virtual Academy, despite problems reported with for-profit, online schools run by the same corporation in other states. The Iowa Virtual Academy promises “Iowa students in grades K-6 an exceptional learning experience” with “individualized learning approaches.”

Darcy Bedortha, a former lead teacher at a virtual charter school, paints a very different picture in this must-read post at the Education Week blog. I’ve enclosed a few excerpts after the jump, but you should click through and read the whole thing. Bedortha confirmed that her former employer is the same company that runs Iowa’s virtual school. Diane Ravitch commented that Bedortha

confirms all the worst fears of critics of virtual charters.

They make a lot of money. They are passionate about profits, not students.

Students need one-to-one contact with a human being. They don’t get it.

I hope state lawmakers and staffers at the Iowa Department of Education are closely scrutinizing the Iowa Virtual Academy’s work. If it’s anything like what Bedortha describes, the experiment should be shut down at the end of next academic year.

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Where did Miller-Meeks get her "fact" about food stamps and Mountain Dew?

In an excellent two-part series on food stamps and the need for food assistance in Iowa, Mike Wiser caught Iowa Department of Public Health Director Mariannette Miller-Meeks in an embarrassing lie:

“The No. 1 food item bought with food stamps in Iowa is Mountain Dew,” said Miller-Meeks, director of the Iowa Department of Public Health [in a speech to the World Food Prize Hunger Week symposium in October].

Several in the audience of a few hundred — an international crowd of academics, journalists and nonprofit types — shook their heads or smiled with bemusement. Phones came out, tweets were sent.

But what Miller-Meeks said wasn’t true.

At least not in any verifiable way. The Iowa Department of Human Services — the state agency that oversees the food stamp program, correctly called Supplemental Nutritional Assistance Program, or SNAP, in Iowa — doesn’t track food purchases down to the brand of soft drink. Asked where she came up with the statistic, Miller-Meeks later said through a spokesperson she “found it online” but couldn’t remember where.

Bleeding Heartland has long argued against cutting food assistance for many reasons. The SNAP program addresses real need efficiently and is rarely abused. In addition, government spending on food assistance has tremendous “bang for the buck” compared to most other policies designed to stimulate the economy. I recommend reading the full text of Wiser’s latest reports on the rhetoric and reality of the food stamp debate and on reasons private aid agencies are struggling to help all the hungry Iowans.

Today I want to speculate on how a fake “fact” about food stamp purchases landed on Miller-Meeks’ radar.

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Democratic legislators, AFSCME leader sue Branstad over closing juvenile home

Four Democratic state legislators and the leader of Iowa’s largest public employee union filed a lawsuit yesterday seeking to block Governor Terry Branstad’s administration from closing the Iowa Juvenile Home in Toledo (Tama County) this month. Joining AFSCME Iowa Council 61 President Danny Homan are gubernatorial candidate Senator Jack Hatch, Senator Steve Sodders (whose district includes Toledo), Iowa House Minority Leader Mark Smith, and former Iowa House Speaker Pat Murphy. The lawsuit alleges that it is unconstitutional for Branstad to close the home after signing into law budget appropriations for operating the home in fiscal years 2014 and 2015. An official statement from the plaintiffs is after the jump, along with a brief summary provided by Sodders.

When Iowa Department of Human Services Director Chuck Palmer announced in December that the Iowa Juvenile Home would be closed after all the resident girls were relocated, he said the “difficult decision” was in the best interests of the girls who had lived there. Yesterday Governor Branstad also cited the interests of “those kids who’ve been mistreated and abused and not gotten their education.”

Over the past year, the Des Moines Register’s Clark Kauffman has documented outrageous practices at the Iowa Juvenile Home, including long placements in isolated cells. In October, a task force appointed by Branstad recommended reforms for the facility. The lawsuit alleges that at the governor’s direction, DHS Director Palmer disregarded the task force’s recommendations and will unlawfully use funds appropriated for the Juvenile Home for other purposes.

In 2012, the Iowa Supreme Court found that Branstad had improperly used his line-item veto power to change how state funds were allocated. This case is somewhat different but poses similar constitutional questions.

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IA-Gov: Branstad to make income tax cuts a major issue

A governor committed to a certain policy will have his staff or a commission work out a plan, then push hard for its adoption in his annual address to state legislators. We’ve seen Governor Terry Branstad take that route in the past to support commercial property tax cuts or education reform.

A governor casting about for a re-election campaign issue may advocate some vague idea, then blame its inevitable defeat on his political opponents. Case in point: Branstad’s half-assed “plan” to allow higher earners to opt into a lower state income tax rate with fewer deductions.  

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Iowa Supreme Court seeking public comments on new media rules

Via the On Brief blog, I saw that yesterday the Iowa Supreme Court made public proposed changes to rules about electronic media coverage of its proceedings. I’ve posted the full press release after the jump.

The new rules are based on recommendations by a Committee on Expanded Media Coverage, appointed last December. Iowa Supreme Court Justice Bruce Zager chaired that committee, which included journalists as well as court officials and submitted its final report in August 2013. You can view the proposed rule changes here; words to be removed are crossed out, while suggested new language is underlined. Instructions on submitting a public comment on or before January 6, 2014, are here. People may submit their comments in person, by regular mail, or via e-mail.  

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Health exchange website fiasco links and discussion thread (updated)

Three weeks into the launch of exchanges where millions of Americans are supposed to shop for private health insurance, the federal Healthcare.gov website is still a disaster. At a White House press conference today, President Barack Obama promised a massive effort to fix the problems and highlighted other benefits of the 2010 Affordable Care Act.

After the jump I’ve posted news and analysis related to the botched rollout of the health insurance exchanges. Any comments related to the 2010 health care reform law are welcome in this thread. It’s worth noting that Democrats in the Iowa legislature favored creating a state-run exchange, which would have eliminated the need for Iowans to purchase insurance through the screwed-up federal website. But Governor Terry Branstad insisted on a state-federal partnership, under which the federal government would administer the website for finding health insurance.

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Matt Hinch will be Branstad's new chief of staff

Governor Terry Branstad announced yesterday that Matt Hinch will start work as his new chief of staff on October 14. A short bio of Hinch is in the press release I’ve posted after the jump. He has worked as a Congressional and campaign staffer to U.S. Representative Tom Latham, chief of staff to Iowa House Speaker Kraig Paulsen, and most recently as a lobbyist for the Greater Des Moines Partnership.

Hinch’s connections with the partnership made me wonder whether he might open the governor’s mind regarding proposed passenger rail service between Chicago and Omaha. Branstad has long opposed allocating state funds to match a federal grant for passenger rail. Like many business groups, the Greater Des Moines Partnership has supported state funding for the rail project as part of its legislative agenda. But probably I am raising false hopes; interviews Hinch gave last year suggest that rail wasn’t on his radar as an issue to press on behalf of the partnership. Moreover, Hinch’s former boss Latham has historically been hostile to funding alternate modes of transportation, including passenger rail. Hinch’s former boss Paulsen works for a trucking company and adamantly opposes state funding for passenger rail.

Branstad’s legal counsel Brenna Findley has served as interim chief of staff since Jeff Boeyink left last month to start work as a lobbyist. She’s more qualified to run the governor’s office than she is for her current position, so I thought she might become the next permanent chief of staff. Perhaps she is gearing up for a second bid to become Iowa’s attorney general. Running for statewide office is a full-time job.

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Branstad appoints new leader for Iowa Veterans Home

Governor Terry Branstad announced yesterday that he had accepted the resignation of David Worley as commandant of the Iowa Veterans Home in Marshalltown. After the jump I’ve posted the official press release, including Worley’s resignation letter. His successor will be retired Brig. Gen. and former State Representative Jodi Tymeson, whom Branstad named chief operating officer at the Iowa Veterans Home in May. At that time, the governor’s staff dismissed claims that Worley (a holdover from Chet Culver’s administration) had created a hostile work environment at the home. I never understood why Branstad would create an entirely new management position for Tymeson if Worley truly had “the governor’s full faith and confidence.”

I also enclose below comments from Iowa Senate Veterans Affairs Committee Chair Daryl Beall and State Senator Steve Sodders, who represents the Marshalltown area. Beall presided over a lengthy Senate hearing on alleged problems at the Iowa Veterans Home in May, after which Sodders called for a full investigation of Worley’s conduct.

Veterans’ advocate Bob Krause, who is exploring a run for governor, discussed Worley’s resignation and ways to improve conditions for Iowa Veterans Home staff and residents in an open letter, which I’ve posted below.

I’ll say this for Branstad: he knows how to bury a story. On a slow news day, Worley’s resignation might have generated a lot of Iowa media coverage and questions about why the governor waited so long to replace him. Instead, this news will be overshadowed by coverage of the federal government shutdown and the new health insurance exchanges.

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Weekend open thread: Learning the wrong lessons

Imagine that a speeding incident involving the governor’s vehicle snowballed into a scandal and a wrongful-termination lawsuit from a 25-year law enforcement veteran. If you were the governor, wouldn’t you make sure your driver didn’t exceed the speed limit again?

In July, Governor Terry Branstad acknowledged the need “to obey the speed limit laws.” Yet news broke yesterday that his unmarked SUV was caught speeding again in late August. Franklin County Chief Deputy Linn Larson pulled the vehicle over and gave a warning to the state trooper who was driving. A spokesperson for the Iowa Department of Public Safety won’t say how fast the governor’s vehicle was going or how the driver was disciplined later. Branstad’s spokesman Tim Albrecht depicted the governor as an innocent bystander:

“The governor has made clear that his security detail is to obey all traffic laws, and he does not tolerate any exceptions. Upon learning of the incident, the Department of Public Safety launched an immediate investigation and they took disciplinary action against the trooper involved in the incident.”

Are we supposed to believe that the governor’s driver independently decided to speed, with no pressure from Branstad’s staff to get the governor and Lieutenant Governor Kim Reynolds to a noon town-hall meeting on time? I’m with State Senator Jeff Danielson:

“You’ve got to be kidding me,” Sen. Jeff Danielson, D-Cedar Falls, said after hearing about the latest traffic stop. “It’s the governor’s responsibility to change the culture and it begins with himself and not deferring it to the troopers.”

This is an open thread: all topics welcome.

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U of I hospital won't ask Branstad for Medicaid abortion reimbursement

Iowa House Republicans failed in 2011 and again last summer to curtail Medicaid coverage of abortions in this state. A compromise passed near the end of this year’s legislative session gave the governor power to determine whether the state should reimburse abortion providers for certain Medicaid cases. However, administrators at the University of Iowa Hospitals in Iowa City have apparently let Governor Terry Branstad off the hook: the hospital no longer bills Medicaid for the handful of abortions that might be eligible for coverage.

Follow me after the jump for background and more details on the current policy.

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Iowa DNR and EPA sign work plan on CAFO inspections (updated)

Some potentially good news for Iowa waterways: after months of delays, the Iowa Department of Natural Resources and the U.S. Environmental Protection Agency finally signed a work plan on new procedures for permitting and inspecting large livestock farms.

Iowa’s confined animal feeding operations create more untreated manure annually than the total sewage output of the U.S. population. An EPA report published last summer concluded that the DNR’s CAFO permitting and inspection protocols did not conform to the Clean Water Act.

Federal and state officials negotiated a draft work plan to address these problems last fall, and the plan was ready to be signed in January of this year. However, the DNR requested changes to the plan based on feedback from the Iowa Farm Bureau, which tries to protect corporate agriculture from effective public oversight. Governor Terry Branstad tried to intervene with EPA officials to reduce inspections of factory farms. (Click here to read the correspondence.) To the dismay of some environmentalists, the governor also insisted that EPA Administrator Gina McCarthy meet with industry representatives to discuss the CAFO inspection regime.

Although the final work plan isn’t ideal and provides for fewer in-person inspections than the earlier draft, the agreement looks like a big improvement on the status quo at the DNR. After the jump I’ve posted statements on today’s news from the DNR and environmental organizations that have been involved with this process. I also posted the seven-page work plan for inspecting thousands of CAFOs over the next five years. For more background, check out the EPA Region 7’s website and the Sierra Club Iowa chapter’s documents on CAFOs.

It will take a lot of follow through to make sure the DNR implements this plan. The agency indicated last fall that it would need thirteen new livestock inspector positions to meet Clean Water Act goals. Then DNR Director Chuck Gipp formally asked for eleven new positions in the 2014 budget, but Governor Branstad requested funding for only five new inspectors. Iowa Senate Democrats approved funding for thirteen new inspectors, but Iowa House Republicans supported the governor, and final budget for fiscal year 2014 included funding for just seven new DNR positions in this area.

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Brenna Findley will be Branstad's interim chief of staff (updated)

Governor Terry Branstad’s office announced today that the governor’s legal counsel Brenna Findley will serve as interim chief of staff until outgoing chief of staff Jeff Boeyink’s replacement is found. Having run Representative Steve King’s office in Washington for years, Findley is better-qualified for the chief of staff position than she is for her current job. She worked as an attorney only briefly after finishing law school and did not maintain an active license to practice in Iowa during her years on King’s staff. Branstad had to hire outside counsel to represent him in a high-profile lawsuit (at significant taxpayer expense), because Findley is a co-defendant in that case, accused of trying to strong-arm Iowa Workers’ Compensation Commissioner Chris Godfrey in 2011.

Branstad tapped Findley to be his legal counsel shortly after she lost the 2010 election for Iowa attorney general. He had promoted her candidacy heavily and even appeared in one of her campaign commercials, which he did not do for other GOP statewide candidates.

According to the press release I’ve posted after the jump, Branstad will name a permanent replacement for Boeyink sometime after September 18, when the governor is scheduled to return to Iowa from a trade mission to India and Japan.  

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Department of Public Safety chief resigns; Branstad brings back Larry Noble

Governor Terry Branstad accepted Brian London’s resignation last night as head of the Iowa Department of Public Safety. This morning the governor announced that he is reappointing former State Senator Larry Noble to the position. Noble served as Department of Public Safety commissioner from January 2011 until June 2012.

Follow me after the jump for background on London’s short and rocky tenure.

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