Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Many decades ago, Mrs. Gentry and Mr. Halferty put up with an inquisitive kid’s classroom questions about American democracy and the workings of government.

I did not imagine back then how the meaning of some words could take on such importance in government. Take, for example, a much-talked-about word in Iowa last week, vexatious. It means abrasive, aggravating, annoying, irritating or nettlesome.

Whether you vote for Democrats, Republicans or Whigs, everyone should have access to government records that are not confidential. That is a way for you to understand what your state and local government is doing.

The Iowa Public Information Board will consider options for government bodies to deal with individuals who file “excessive and abusive” public records requests. During a September 15 telephonic meeting of the board’s legislative committee, members E.J. Giovannetti and Barry Lindahl tabled proposed legislation that would allow governments to have some people declared “vexatious requesters.”

But they agreed to put the topic on the agenda for the full board, which could adopt an advisory opinion for dealing with burdensome records requests, or could ask the state legislature to address the issue.

Prior to the meeting, the Iowa Freedom of Information Council warned Iowa Public Information Board members that the proposed changes to Iowa Code would “seriously erode” the state’s open records law and would violate the constitution while trying to solve a “nonexistent problem.”

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

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

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

Governor Kim Reynolds’ office told a state regulator no public funds were used for the twelve “Fair-side chats” Reynolds held with Republican presidential candidates during the Iowa State Fair last month.

Reynolds conducted friendly interviews with the candidates in the courtyard of JR’s SouthPork Ranch, a restaurant on the state fair grounds. A sign produced for the events featured a logo and the words “Gov. Kim Reynolds’ Fair-side chats.”

I sought to clarify who paid for the sign and other expenses associated with the chats, because Iowa Code Chapter 68A.405A prohibits statewide elected officials from spending public funds on “any paid advertisement or promotion” bearing the official’s “written name, likeness, or voice” in a range of settings, including “A paid exhibit display at the Iowa state fair […].” Reynolds signed that statute (commonly known as the the “self-promotion law”) in 2018.

Democratic State Senator Herman Quirmbach submitted the following written comments to members of the Boards and Commissions Review Committee. They are an extended version of remarks he delivered during the September 6 public hearing at the state capitol. You can view the committee’s draft recommendations here.

Mr. Chairman and Members of the Boards & Commissions Review Committee:

Thank you for the opportunity to speak to you on September 6. What follows is a review and extension of my remarks.

I offer the following observations as a member of the Tobacco Use Prevention and Control Commission (Tobacco Commission) and of the College Student Aid Commission (CSAC). I have served on both these commissions for approximately twenty years as an ex-officio non-voting member. Both commissions oversee the implementation and administration of critical state programs to protect the public health (Tobacco) and enhance educational opportunities and workforce development (CSAC). Beyond the functioning of existing programs, members of the commissions provide exceptionally valuable expertise to help guide the development of public policy for the future.

Pam Mackey Taylor is the Director of the Iowa Chapter of the Sierra Club.

This summer a new committee, mostly controlled by Governor Kim Reynolds, embarked on a project to review Iowa’s boards and commissions. The six members of the Boards and Commissions Review Committee worked mostly in secrecy, using two-member subcommittees to avoid open meetings law requirements. Members announced their draft recommendations on August 29.

Some of those recommendations would have far-reaching impacts on everyday Iowans and how state government is able to respond to the problems and issues we face, such as clean water, healthy air, and government regulations that work for all of us.

The recommendations appear to reduce and restrict public access and input in the decision-making process, as well as public oversight of state government agencies. These recommendations appear to consolidate power within the governor’s office, where decisions are made behind closed doors with as little public input as possible, and where the only people who have input are the lobbyists and friends of the governor.

Nancy Dugan lives in Altoona, Iowa and has worked as an online editor for the past 12 years. 

Late in the afternoon on Friday, August 18, attorney Anna Ryon filed a Motion to Stay Proceedings on behalf of Kerry Mulvania Hirth with the Iowa Utilities Board (Summit Carbon Solutions, LLC, IUB docket number HLP-2021-0001).

In the motion, Ryon asserts that Board staff “improperly coerced Ms. Hirth into relinquishing her right to participate in this proceeding that was granted by the Board on July 19, 2023.” Items 12 to 15 of the motion are reproduced in full below:

Randy Evans is executive director of the Iowa Freedom of Information Council and can be reached at DMRevans2810@gmail.com. 

Deanna Mahoney was like countless Iowa women through the years. She nurtured three children. She worked outside the home to supplement the family income. She loved bowling and mushroom hunting.

That is how she lived.

How she died tells us so much about the way some business owners, and too many government leaders in Iowa, have pushed aside their legal, moral and humanitarian obligations, especially to vulnerable Iowans.

Bonnie Ewoldt is a Milford resident and Crawford County landowner.

North Dakota’s Public Service Commission threw a major roadblock in the path of Summit Carbon Solutions’ Midwest Carbon Express on August 4 when its three members unanimously denied the company’s hazardous CO2 pipeline permit. According to the commission’s chair, Randy Christmann, Summit “failed to meet its burden of proof to show that the location, construction, operation and maintenance will produce minimal adverse effects on the environment and upon the welfare of the citizens of North Dakota.”

Summit’s proposed route in North Dakota was part of a 2,000-mile, five-state Carbon Storage and Sequestration (CCS) plan to carry hazardous liquid CO2 from seventeen ethanol plants in South Dakota, Nebraska, Minnesota, and Iowa to North Dakota. where it would be permanently buried underground in abandoned oil wells west of Bismarck. When operational, investors in the $5.5 billion project would reap billions of dollars profit in carbon capture with 45Q federal tax credits. 

However, without the Public Service Commission permit and access to North Dakota’s underground storage sites, the Midwest Carbon Express is a pipeline to nowhere. 

Iowa City Council Member Shawn Harmsen represents Iowa City District B, which includes the east side of Iowa City and the recently closed DOT office.

In a move that will unevenly harm Black and other communities in the Iowa City area through lack of service and voting disenfranchisement, a major department of Governor Kim Reynolds’ administration executed a surprise move from an easily accessible location near several neighborhoods to a remote edge of another city.

The Iowa Department of Transportation sent out a press release on July 21 telling the public that after three more days in the Iowa City location it has inhabited for decades, that office would no longer be there. It was a classic Friday afternoon news dump before the start of RAGBRAI.

The press release claims the new location, out by Theisen’s and Costco on the very edge of Coralville, “was chosen after an extensive search for a space that could better accommodate the volume of customers in the area.”  Unsurprisingly, these claims of “needing more space” and providing better customer service don’t stand up under any kind of scrutiny. In fact, as I will explain, the relocation looks less like an inept move than attempt to conduct racial and partisan voter suppression.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Rules and regulations need to be clear, orderly, and in one place so they can be completely understood and followed. This is especially true of those focused on concentrated animal feeding operations (CAFOs) as they impact the public health of 3.19 million Iowans and water quality of 70,297 miles of rivers and streams.

However, Chapter 65, the Iowa administrative code that regulates CAFOs, is becoming weaker, confusing, and more difficult to use under the dictates of Governor Kim Reynolds’ Executive Order Number Ten. Rather than have all pertinent information in one place, the executive order will fragment Chapter 65’s essential information and scatter it in several locations online and in offices around the state.

Executive Order Ten, dubbed “The Red Tape Review”, directs all agencies to reduce the number of words throughout the state’s entire code, eliminating language deemed unnecessary, redundant, or even too restrictive. Users will now have to search for specific Iowa statutes to completely understand and comply with CAFO rules and regulations. In the case of Chapter 65, some of the missing information will now be housed on the DNR’s website or obtained from a field office. Both environmental organizations and industry groups oppose this change.

The order requires agencies to develop a cost-benefit analysis for all the rules and regulations. We have serious concerns about how the CAFO industry’s financial interests may dominate public health and the environmental protections. The order also stipulates no new rules can be made more stringent than what is already in the code. Most CAFO regulations are anything but stringent and should be strengthened.

Bruce Lear lives in Sioux City and has been connected to Iowa’s public schools for 38 years. He taught for eleven years and represented educators as an Iowa State Education Association regional director for 27 years until retiring.

Most teaching happens in a classroom with only students in attendance. Occasionally, a visitor drops by, but that’s rare. However, teachers who direct choirs or bands, or coach or advise activities, have large public audiences chock full of experts ready to second-guess.

I was a high school English teacher and adviser for the yearbook and student newspaper. While it might differ from the pressure felt when a championship game was on the line, it had public pressure. The difference was the boo-birds weren’t in the bleachers, they were on the phone and email.

In a textbook case of “too little, too late,” the Iowa Board of Medicine appeared to move on July 3 to stop a physician who was recently charged with sexual abuse of a child.

The board did not disclose the name of the physician at the center of “an agreement not to practice,” approved by unanimous vote after an hour-long, closed-session discussion. But the meeting was widely believed to pertain to Dr. Lynn Lindaman.

The Department of Public Safety announced Lindaman’s arrest on June 28. Charging documents accuse him of touching the “privates” of a child born in 2015, first over the child’s clothing and the next day through “skin to skin contact.”

Late last week, the Board of Medicine revealed plans to discuss an agreement with an unnamed physician at a virtual meeting set for 5:30 pm on July 3. The pre-holiday dump is a well-known government tactic for keeping bad or embarrassing news from reaching a wide audience.

It’s not the first time Lindaman has been charged with this kind of crime. A jury determined in 1976 that he had committed “lascivious acts” with a 13-year-old child. Sherri Moler, the victim in that case, had “pleaded and begged” many times for the Iowa Board of Medicine to stop Lindaman and other abusers from practicing. Board members didn’t listen. Neither Governor Kim Reynolds nor the Republican-controlled legislature demanded action.

Governor Kim Reynolds has appointed Emily Wharton to remain in charge at the Iowa Department for the Blind, effective July 1. Wharton has worked for the agency since 2013 and has served as its director since 2016.

NEW POWER FOR THE GOVERNOR

For generations, the Iowa Commission for the Blind (a three-member body appointed by the governor) had the authority to hire and fire the agency director. But Reynolds’ plan to restructure state government, which Republican lawmakers approved in March, gave that power to the governor.

The change was consistent with language giving Reynolds direct control over several other agency leaders not already serving “at the pleasure of the governor.” But that idea didn’t come from the outside consultant’s report on realigning Iowa government, commissioned by the Reynolds administration at a cost of $994,000. Blind Iowans turned out in large numbeers for state House and Senate subcommittee hearings on the bill and uniformly spoke against the proposal.

The state of Iowa’s chronic lateness in producing financial reports threatened to disrupt the flow of federal funds to Iowa’s universities this year, documents obtained by Bleeding Heartland show.

For the third year in a row, the state will be more than six months late to publish its Annual Comprehensive Financial Report (ACFR), which the Iowa Department of Administrative Services compiles. As of June 26, only six states had not published their comprehensive financial reports for fiscal year 2022 (see appendix 2 below).

The delay has pushed back the publication of Iowa’s statewide Single Audit, a mandatory annual report for non-federal entities that spend a certain amount of federal dollars.

To address concerns raised by the U.S. Department of Education, state auditors worked out an arrangement to produce individual FY2022 Single Audit reports for Iowa’s three state universities by the end of June. The State Auditor’s office released the first of those reports, covering the University of Iowa, on June 27.

Going forward, state auditors will prepare separate Single Audit reports for each Iowa university by March 31, the federal deadline for providing such documentation.

A notice posted in January on the EMMA website, the leading source for data and documents related to municipal bonds, did not clarify why Iowa’s ACFR would be late again. Tami Wiencek, public information officer for the Department of Administrative Services, has not replied to inquiries about the reason for the extended delay. Records indicate that staff turnover at the agency has derailed what was for many years a smooth process.

Iowans who handle public records requests for government bodies gained more protection from possible retaliation on June 23, when the Iowa Supreme Court ruled that former Iowa Department of Public Health communications director Polly Carver-Kimm can proceed with both of her wrongful termination claims against the state.

Four justices affirmed a Polk County District Court decision, which allowed Carver-Kimm to allege under Iowa’s whistleblower statute that she was wrongly forced to resign in July 2020, and that Iowa’s open records law protected her activities when fulfilling records requests for the public health agency.

The Iowa Supreme Court did reverse one part of the lower court’s ruling. All seven justices determined that Governor Kim Reynolds and her former spokesperson Pat Garrett should be dismissed as individual defendants, because they lacked the “power to authorize or compel” Carver-Kimm’s termination.

But the impact of the majority decision in Carver-Kimm v. Reynolds extends far beyond the named defendants in one lawsuit.

John and Terri Hale own The Hale Group, an Ankeny-based advocacy firm working for better lives for all Iowans. Contact them at terriandjohnhale@gmail.com.

A crisis ignored eventually leads to catastrophe. That’s what we’re witnessing in long-term care services. 

As far back as 1990, the U.S. Bipartisan Commission on Comprehensive Health Care described as a “crisis” the challenges the nation faced in providing long-term care services to people with disabilities and older citizens.

That commission also used phrases like an “urgent need for action” and “current conditions that are unconscionable” when urging Congress to act on recommendations that would ensure all Americans have access to high-quality, affordable long-term care services in the setting they prefer.

Second in a series on under-covered stories from the Iowa legislature’s 2023 session.

During the seven years of the Iowa GOP trifecta, the majority party has often enacted significant public policy through eleventh-hour appropriations bills. Just before adjourning in 2019, Republicans amended spending bills to change the judicial selection process, restrict medical care for transgender Iowans on Medicaid, and block Planned Parenthood from receiving sex education grants.

A lengthy amendment to a budget bill approved in the closing hours of the 2020 session made it harder for Iowans to vote by mail and sought to restrict some companies from bidding on electric transmission lines projects.

The Iowa Supreme Court sent the legislature a message in March, blocking the 2020 provision on transmission lines, on the grounds that it was likely passed through unconstitutional “logrolling.”

Republican legislators weren’t pleased with the ruling known as LS Power, but seem to have adapted to it. This year’s “standings” appropriations bill was relatively short and focused on spending and code corrections—a far cry from the usual “Christmas tree” featuring unrelated policy items from lawmakers’ wish lists.

Nevertheless, many surprises lurked in other bills that allocated spending for fiscal year 2024, which begins on July 1.

This post focuses on seven provisions that appeared in budget bill amendments published shortly before Iowa House or Senate debate. Most of this policy language never appeared in a stand-alone bill, allowing Republicans to avoid the scrutiny that comes with subcommittee and committee discussions. Democratic legislators had little time to review the proposed budgets before votes on final passage, which mostly fell along party lines.

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

Jefferson County Farmers & Neighbors and several other environmental organizations recently met with Kelli Book, legal counsel for the Iowa Department of Natural Resources (DNR), to learn how the agency is revising Chapter 65 of Iowa’s administrative code, dealing with animal feeding operations.

We came away with many concerns about how the DNR is approaching the “Red Tape Review,” required by Governor Kim Reynolds’ Executive Order Number Ten.

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

A Polk County District Court ruled on April 28 that the Iowa Department of Natural Resources (DNR) improperly approved Supreme Beef’s nutrient management plan.

Supreme Beef LLC is an 11,600-head cattle feeding operation in Clayton County. It sits at the headwaters of Bloody Run Creek, one of the most treasured trout streams in Iowa and officially designated as an Outstanding Iowa Water.

Dr. Thomas Laehn is the Greene County attorney and the only Libertarian to hold an elective partisan office in Iowa. The Des Moines Register published an earlier version of this commentary.

After virtually no meaningful debate and only a single, relatively inconsequential amendment, both chambers of our Republican-controlled legislature approved Governor Kim Reynolds’ massive state government reorganization plan (Senate File 514) within a two-week period. Reynolds signed the bill on April 4.

Unsurprisingly, the new law—which originated in the executive branch—will transfer significant power from the legislature to the governor. Sadly, in both Washington, DC and Des Moines, our legislators (regardless of their party affiliation) have regularly displayed far greater loyalty to their party than to the constitutional system of separated powers to which they swore their allegiance upon assuming office.

While I am thus entirely unsurprised by our Republican legislators’ abdication of their constitutional responsibilities, I am deeply disappointed at their willingness to subvert the local administration of justice in our state in the process. Ironically, the political party that has always claimed to defend local government against those who would otherwise centralize power is systematically stripping our local elected officials—including our county auditors, school boards, and county attorneys—of their discretion.

Randy Evans can be reached at DMRevans2810@gmail.com. 

Last week was one to savor. But it also was a week to reflect on how far we still need to travel to have true citizen engagement in our state and local governments.

First, some savoring.

The Iowa League of Women Voters honored me and the Iowa Freedom of Information Council, the nonprofit, nonpartisan education and advocacy organization I lead. The annual Defending Democracy Award means so much—knowing it comes from the organizational descendants of the women who pushed for an amendment to the U.S. Constitution giving women the right to vote and who rallied in countless places across America, including right here in Bloomfield (Davis County), to make that happen.

Iowa Republican lawmakers aren’t sticklers for tradition. They have used their trifecta to destroy a collective bargaining process that stood for more than four decades, and to overhaul a nearly 60-year-old judicial selection system on a partisan basis.

Iowa Senate Republicans have shattered norms in other ways. In 2021, they stopped participating in budget subcommittee meetings that had been a routine part of legislative work since at least the 1970s. Last year, they kicked all journalists off the chamber’s press bench, which had been designated for the news media for more than a century.

Senate Appropriations Committee members hit a new low for transparency last week. Led by chair Tim Kraayenbrink, Republicans advanced seven spending bills with blank spaces where dollar amounts and staffing numbers would normally be listed.

The unprecedented maneuver ensured that advocates, journalists, and Democratic senators will have no time to thoroughly scrutinize GOP spending plans before eventual votes on the Senate floor. Nor will members of the public have a chance to weigh in on how state funds will be spent during fiscal year 2024, which begins on July 1.

Bleeding Heartland was unable to find any former Iowa legislator, lobbyist, or staffer who could remember anything resembling this year’s Senate budget process.

Al Charlson is a north central Iowa farm kid, lifelong Iowan, and retired bank trust officer.

The Iowa legislature’s 2023 session has been a dismaying mix of noise and fireworks, combining “debate” over divisive social and cultural issues with fundamental changes in our governing structure that slide through without adequate review and examination. 

Senate File 478, a bill designed to “hog-tie” our state auditor, is a strange combination of both.

Story County Supervisor Linda Murken chairs the board of directors of the Second Judicial District Department of Correctional Services. This commentary was jointly signed by the chairs of the Boards of Directors of all eight Iowa Judicial District Departments of Correctional Services (names are listed below).

Community-Based Corrections or CBC provides a vital service to Iowa communities. In corrections, prisons and jails are well known. But you may not be aware of community-based corrections, because that part of the system has been operating quietly in the background for the past 50 years, saving millions in taxpayer dollars. 

Unfortunately, Governor Kim Reynolds’ proposal to reorganize state government may have serious unintended consequences to our unique and effective system. We are asking all Iowans to learn about CBC to understand why its current structure is valuable. 

Wally Taylor is the Legal Chair of the Sierra Club Iowa chapter.

Governor Kim Reynolds issued Executive Order 10 on January 10, requiring all state agencies, boards and commissions to repeal all existing administrative rules. These administrative rules are supposed to fill in the details of legislative intent when the legislature passes a law giving an agency, board, or commission authority to carry out its obligations under the statute.

A review of the order reveals what the governor is really up to.

Randy Evans can be reached at DMRevans2810@gmail.com. 

An interesting study in contrasts is playing out right now in Iowa. 

One example comes from the Davis County Community Schools in Bloomfield. It is the 96th-largest of Iowa’s 328 public districts, with an enrollment of 1,150 students.

The other example comes from the Iowa legislature and Governor Kim Reynolds. 

The Davis County school board is wrestling with an incredibly difficult decision—whether to hold classes four days a week instead of the traditional five-day-a-week schedule. 

Diane Rosenberg is executive director of Jefferson County Farmers & Neighbors, where this commentary first appeared.

An Executive Order that directs state agencies to reduce rules and regulations threatens the ability of the Iowa Department of Natural Resources’(DNR) to protect communities and waterways. Governor Kim Reynolds signed Executive Order Number Ten on January 11, putting a moratorium on administrative rulemaking and requires every agency, board, or commission to conduct a comprehensive overhaul of the Iowa Administrative Code.

The order’s purpose is to provide a more fertile ground for job growth and private sector development.

Second in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Blind Iowans showed up in large numbers at the state capitol on February 13 to speak out against one part of Governor Kim Reynolds’ plan to reorganize state government.

A common thread running through the bill, numbered House Study Bill 126 and Senate Study Bill 1123, is giving the governor more power to hire and fire the few state government leadership positions that have some independence under existing law.

The relevant section would give Reynolds power to appoint the director of the Iowa Department for the Blind, a position that the Iowa Commission for the Blind has long filled. The director would serve at the pleasure of the governor, so Reynolds could fire the person at any time, for any reason.

First in a series analyzing Governor Kim Reynolds’ plan to restructure state government.

Attorney General Brenna Bird would gain direct control over the office charged with representing Iowa consumers on issues related to utilities, under Governor Kim Reynolds’ proposed restructuring of state government.

House Study Bill 126, which lays out the governor’s plan over more than 1,500 pages, contains several provisions undermining the independence of the Office of Consumer Advocate. Iowa House State Government Committee chair Jane Bloomingdale introduced the legislation on February 1.

The Office of Consumer Advocate’s mission is to represent consumers on issues relating to gas and electric utilities and telecommunications services, “with the goal of maintaining safe, reliable, reasonably-priced, and nondiscriminatory utility services.” Much of the office’s work involves matters before the Iowa Utilities Board, which regulates the state’s investor-owned utilities, Alliant Energy and MidAmerican Energy.

Randy Evans can be reached at DMRevans2810@gmail.com. 

In politics, having a “trifecta” in government is a good thing for a political party—until the trifecta’s inaction on some popular issue starts to haunt those in power.

Iowa Republicans served up an example of the consequences of such inaction in the days leading up to Christmas. This story involves military veterans, a highly sought-after constituency that is part of any solid political movement.

As the new year begins, I want to highlight some of the investigative reporting, in-depth analysis, and accountability journalism published first or exclusively here.

Some newspapers and websites put their best original reporting behind a paywall for subscribers, or limit access to a few free articles a month. I’m committed to keeping all Bleeding Heartland content—which includes some 570 articles and commentaries from 2022 alone—available to all, regardless of ability to pay.

As always, I’m grateful for readers who value this kind of work on Iowa politics. Tips on stories that may be worth pursuing are always welcome.

To receive links to Bleeding Heartland articles and commentaries directly via email, subscribe to the free Evening Heartland newsletter. Subscribers to my Substack (which is also free) receive audio files and recaps for every episode of KHOI Radio’s “Capitol Week,” a 30-minute program on which Dennis Hart and I discuss recent Iowa political news.

When Governor Kim Reynolds made news in May by pleading with supporters to help her get her “own” attorney general and a state auditor who wouldn’t scrutinize her actions, Republican Party of Iowa state chair Jeff Kaufmann defended the appeal. In a written statement, Kaufmann said the governor “should be promoting Republican candidates up and down the ticket,” because “Iowans know how worthless our current state auditor, state treasurer and attorney general have been.”

But since Mary Ann Hanusa (the insiders’ pick for state auditor) unexpectedly lost the GOP primary in June, top Iowa Republicans have done virtually nothing to support the party’s nominee Todd Halbur. He goes into the home stretch of the campaign with little money or media exposure. Meanwhile, the incumbent Rob Sand is on track to spend more than a million dollars on various forms of advertising.

Halbur did not respond to phone or email messages seeking comment on the lack of support from his party, and whether it’s related to the whistleblower lawsuit he filed, naming one of Reynolds’ appointees.

Iowa’s Public Employment Relations Board (PERB) is transferring most of its staff and caseload to the state Department of Inspections and Appeals.

Since the mid-1970s, PERB members and administrative law judges have adjudicated labor disputes within state and local government or school districts. Following the changes, administrative law judges now working for PERB will handle other matters, while other employees at Inspections and Appeals will hear cases that were previously in PERB’s jurisdiction.

State officials have not announced the changes, which are scheduled to take effect on September 30. It’s not clear who initiated or authorized the plan. Staff in the governor’s office and Department of Inspections and Appeals did not respond to any of Bleeding Heartland’s inquiries over the past three weeks. PERB members Erik Helland and Cheryl Arnold likewise did not reply to several emails.

State Senator Nate Boulton, a Democrat with extensive experience as a labor attorney, has asked Attorney General Tom Miller for an official opinion on whether “it is an illegal shift of an essential PERB duty” to assign its responsibilities “to an unrelated state agency.”

Boulton also asked Miller to weigh in on the legality of Governor Kim Reynolds’ recent appointments to PERB. As Bleeding Heartland previously reported, Reynolds has circumvented the Senate confirmation process by keeping one of the three PERB positions unfilled, so she can name her preferred candidates to a vacant slot while the legislature is not in session.

Doris J. Kelley is a former member of the Iowa House and former Iowa Board of Parole Chair, Vice-Chair and Executive Director.

When former Republican Governor Terry Branstad signed executive order 85 in March 2014, he stated, “transparency provides Iowans the necessary access to information to hold our government accountable and our Open Records Act is essential to ensuring openness,” adding, “Our administration has maintained a steadfast commitment to a transparent government.”

Branstad held weekly press briefings to answer journalists’ questions.

However, when Kim Reynolds became governor in 2017, a few months after Republicans gained full control of the legislature, transparency went out the window. Accessing many kinds of government data has become more difficult.

In another end run around the Iowa Senate confirmation process, Governor Kim Reynolds has named Cheryl Arnold to serve on Iowa’s Public Relations Board (PERB), which adjudicates labor disputes within state and local government or school districts.

The governor’s office has not publicly announced the nomination, and at this writing, the board’s website lists only one member (Erik Helland) on what Iowa law designates as a three-person board. Reynolds informed Secretary of the Iowa Senate Charlie Smithson about Arnold’s appointment in a letter dated August 15, which Smithson provided to Bleeding Heartland.

Arnold previously served as chair of the PERB for a little more than a year. She left the position after Iowa Senate Democrats voted against her nomination near the end of the 2020 legislative session. Appointments subject to Senate confirmation need a two-thirds vote for approval, giving Democrats the power to block nominations while in the minority.

More than four years after signing into law a ban on using public funds to promote the name, likeness, or voice of Iowa’s statewide elected officials in a “paid exhibit display at the Iowa state fair,” Governor Kim Reynolds continues to spend part of her office budget on an Iowa State Fair booth plastered with her name and picture.

Neither the Republican-controlled legislature nor the state board charged with enforcing the self-promotion law have taken any steps to remedy the situation.

Randy Evans can be reached at DMRevans2810@gmail.com.

People in the health care field have worked their tails off since the COVID-19 pandemic hit Iowa with a vengeance in 2020.

Doctors, nurses, and all manner of technicians and support staff have performed heroically under circumstances that often were trying.

But the death this year of a patient at a Centerville care center has struck a chord with many Iowans — and not just because COVID claimed another life. The reaction has ranged from sadness to anger because the person’s treatment was unprofessional, uncaring and incompetent, if not bordering on criminal.

For a second straight year, Governor Kim Reynolds has reappointed Erik Helland to Iowa’s Public Employment Relations Board (PERB) after Helland failed to win Iowa Senate confirmation. In an apparent effort to circumvent the legally required confirmation process, Reynolds appointed Helland to a different position on the three-member board, which adjudicates labor disputes within state and local government or school districts.

She used the same maneuver last summer to name Helland as PERB chair after the Iowa Senate did not confirm him during the 2021 legislative session.

The governor has not filled the now-vacant position of PERB chair, saying in a recent letter to the top Iowa Senate staffer that her administration “has initiated, but has not yet completed, the selection process.” That leaves the board with no quorum; Reynolds has kept one position unfilled since August 2020.

The long-running vacancy allows the governor’s preferred nominees to remain on the board, even if they don’t receive a two-thirds confirmation vote in the state Senate. Asked for comment on Helland’s reappointment, the Democratic senators who reviewed the PERB nominees accused the governor of “a partisan power grab” and “rigging the appointment process so she can get her way.”

Reynolds’ spokesperson Alex Murphy did not respond to eight inquiries about the PERB appointments between late May and July 28.

Herb Strentz discusses the disappointing work of the Iowa Public Information Board, which was created ten years ago to enforce the state’s open meetings and records laws.

Question: Should “We the people” of Iowa pay for our government not telling us what it is doing?

Answer: The question is rhetorical, because we already do so—even though as a matter of principle and given the intent of Iowa’s Sunshine laws, we should not.

The center of this Q&A is the Iowa Public Information Board (IPIB). When created in 2012, after years of work with state lawmakers, the board was heralded. The concept was, challenges to government secrecy would be subject to quick, inexpensive answers. No need to hire a lawyer to represent your concerns.

But two good commentaries illustrate how those dreams were more like delusions.