Iowa Senate debate on a proposal to relax child labor regulations stalled late in the evening of April 17, after the Republican floor manager Adrian Dickey and Majority Leader Jack Whitver refused to answer a Democratic senator’s questions about an amendment published earlier in the day.

After hours of delay, the Senate resumed its work and approved the child labor bill (Senate File 542) shortly before 5:00 am on April 18, with Republicans Charlie McClintock and Jeff Taylor joining all Democrats in opposition.

The snag in last night’s proceedings is not limited to one controversial issue.

According to Senate Minority Leader Zach Wahls, Whitver told him Senate Republicans would no longer answer questions during floor debate, in light of a recent Iowa Supreme Court decision. That ruling (known as LS Power) has also made Iowa House Republicans more cautious about answering questions in public, a debate on a firearms bill revealed last week.

The majority party’s new approach could leave Iowa lawmakers less informed as they vote on complex legislation. Floor debate may be the only time Democrats can clarify their understanding of certain provisions, since managers’ amendments containing big changes sometime appear just hours before a vote on final passage. Over the next few weeks, Senate Republicans are expected to unveil their spending plans for fiscal year 2024 right before lengthy budget bills are bought to the chamber floor.

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.

The Iowa Supreme Court has allowed an open records lawsuit against Governor Kim Reynolds to proceed. In a unanimous decision authored by Justice David May, the court said concerns about executive privilege or non-justiciable political questions did not prevent plaintiffs from pursuing a claim that the governor’s office violated the open records law, known as Iowa Code Chapter 22, by failing to provide public records in a timely manner.

The court also confirmed that government officials and entities cannot sidestep the law’s requirements by ignoring records requests for an extended period. In addition, the decision clarified that electronic records (like other kinds of public records) must be produced within a reasonable time frame.

Governor Kim Reynolds, her staff, and security detail used a non-public elevator and “walked down the secure hallway” where Iowa Supreme Court justices have private offices before attending the April 11 oral arguments in a major abortion-related case.

“Neither the justices, supreme court staff, or Judicial Branch Building security knew or gave permission for the governor or Iowa State Highway Patrol to access the supreme court’s non-public office space” at that time, according to Molly Kottmeyer, counsel to Chief Justice Susan Christensen.

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.

The Iowa Attorney General’s office is not currently covering the cost of emergency contraception or abortions for Iowans who are victims of rape or sexual assault, Natalie Krebs reported for Iowa Public Radio on April 7.

Iowa law requires the state’s victim compensation fund to pay for a sexual assault victim’s medical examination “for the purpose of gathering evidence,” as well as any treatment “for the purpose of preventing venereal disease.” Under longtime Attorney General Tom Miller, that fund also covered the cost of abortion services or Plan B, medication that prevents ovulation and therefore pregnancy if administered soon enough following unprotected sex.

In a statement provided to Iowa Public Radio, spokesperson Alyssa Brouillet said Attorney General Brenna Bird “is carefully evaluating whether this is an appropriate use of public funds” as part of a broader review of victim assistance programs. Payment of “pending claims will be delayed” until Bird completes her review.

Both chambers of the Iowa legislature have approved versions of Governor Kim Reynolds’ so-called “parental empowerment” bill, which would rewrite many state policies related to public schools. The state Senate changed some parts of the bill before approving Senate File 496 along party lines on March 22.

The House adopted a more extensive rewrite before passing the bill on April 4, by 55 votes to 42. Six Republicans (Michael Bergan, Austin Harris, Chad Ingels, Megan Jones, Brian Lohse, and Hans Wilz) joined all 36 House Democrats to vote no.

This post walks through the provisions in the governor’s initial proposal (Senate Study Bill 1145), noting how each section changed during Iowa Senate debate, and again when House Republicans approved a 38-page amendment before sending the legislation back to the upper chamber.

Reynolds is likely to get most of what she asked for, but the bill that eventually lands on her desk may contain quite a few additional changes to Iowa Code.

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

Every few months, someone is killed or injured by police somewhere in the United States under circumstances that lead to inevitable questions about what exactly occurred.

Typically, answers come when video from the law officers’ squad car cameras or their uniform cameras is made public. Each time this occurs, there are two inescapable conclusions:

First, police in most states realize it is their obligation to release this video. They know that public faith and respect for law officers will suffer if citizens and journalists are prevented from viewing the footage, especially when an incident results in death or injury, most notably when the person was not armed.

And second, each time such video is released somewhere in the United States, it becomes obvious Iowa is out of step with most other states — because in Iowa, law enforcement agencies and government attorneys insist the video must forever remain off-limits because it is part of a confidential investigative file.

UPDATE: On March 30, Iowa Senate leaders placed House File 350 on the “unfinished business” calendar, keeping it alive for the 2023 legislative session. However, House File 333 is dead for this year. Original post follows.

The Iowa House has unanimously approved a bill designed to improve the process for those seeking public records from government bodies.

House File 350 would add new language to the open records law, known as Chapter 22, requiring government bodies to “promptly acknowledge” requests for public records and provide contact information for the person designated to handle the request.

The records custodian would also have to provide an “approximate date” for producing the records and an estimate for the cost involved in compiling and reviewing them. Finally, the custodian would need to inform the person seeking records “of any expected delay” in providing them.

The Iowa Public Information Board, which is charged with enforcing the state’s sunshine laws, proposed the bill using language that closely follows one of the board’s advisory opinions.

The goal is to address a recurring problem: some government bodies ignore records requests for weeks or months, leaving members of the public with no idea when or whether they will receive the material. For instance, Clark Kauffman of Iowa Capital Dispatch and Bleeding Heartland guest author Rachel Bruns both experienced lengthy delays when seeking information from the Iowa Department of Public Health.

The Iowa Supreme Court will soon decide whether a lawsuit against Governor Kim Reynolds can proceed. The ruling may shed light on broader questions related to Iowa’s open records law (known as Chapter 22), such as what constitutes a refusal to provide a public record, how courts can determine whether a government entity’s delay was reasonable, and whether any legal doctrines shield the governor from that kind of judicial scrutiny.

I am among the plaintiffs who sued the governor, her office, and some of her staff in December 2021, citing failure to produce public records. About eighteen days after the ACLU of Iowa filed the suit on our behalf, the governor’s office provided most, but not all records responsive to requests I had submitted (in some cases more than a year earlier), as well as records responsive to requests submitted by Clark Kauffman of Iowa Capital Dispatch and Randy Evans of the Iowa Freedom of Information Council.

The state’s attorneys filed a motion to dismiss the case. After Polk County District Court Judge Joseph Seidlin rejected the motion last May, the governor’s office appealed. Iowa Supreme Court justices heard oral arguments on February 22. UPDATE: Video of the proceedings is online here.

A ruling in favor of the plaintiffs would send the lawsuit back to a lower court, where a judge would consider the merits of our claims. A ruling in favor of the governor would mean the lower court could consider only whether the governor’s office properly withheld some records and redacted other documents released in January 2022—not whether Reynolds and her staff violated the law by failing to produce records in a timely manner.

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. 

Herb Strentz was dean of the Drake School of Journalism from 1975 to 1988 and professor there until retirement in 2004. He was executive secretary of the Iowa Freedom of Information Council from its founding in 1976 to 2000.

In the responses to President Joe Biden’s State of the Union address, Republican Representative Marjorie Taylor Greene of Georgia was too predictable and shameful with her shouts of “Liar!”

More troubling to me was Arkansas Governor Sarah Huckabee Sanders’ flag-waving response: “America is the greatest country the world has ever known, because we are the freest country the world has ever known…”

For one thing, as Huckabee Sanders raved about our freedom, what came to my mind was how soldiers from the U.S. Army’s 101st Airborne Division had to protect nine Black students from a hate-filled mob in September 1957 as the children entered the all-white Central High School in Little Rock, Arkansas.

Anne Schechinger is Senior Analyst of Economics for the Environmental Working Group. This report, which she co-authored with the EWG’s Senior Vice President for Government Affairs Scott Faber, first appeared on the EWG’s website. 

The Environmental Working Group’s newly updated Farm Subsidy Database shows that federal farm subsidies between 1995 and 2021 totaled $478 billion. This huge amount of taxpayer money does almost nothing to help farmers reduce their greenhouse gas emissions or adapt to adverse weather conditions caused by the climate crisis.

Our database update also shows that farm subsidy funding still goes to the largest and wealthiest farms, which can weather the climate crisis best, and that payments are getting less transparent, obscuring who has received almost $3.1 billion in payments. 

The Department of Agriculture’s subsidy funding could be used in much more useful ways that would help farmers in mitigating their emissions and becoming more resilient to hazardous weather conditions. Instead, it’s still a handout for rich landowners, city dwellers and family members of farmers. Even the USDA is benefiting, with one of its divisions receiving almost $350 million in payments.

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

The legislature wrote Iowa’s public records law 55 years ago, and one of the statute’s tenets was the belief people deserve to know how state and local governments spend their tax money.

Another important concept in the law is that fees for copies of government records must be reasonable and cannot exceed the actual cost of providing the documents.

That brings us today to Kirkwood Community College in Cedar Rapids, where administrators appear not to grasp what “reasonable” means.

Three weeks after her re-election victory, Governor Kim Reynolds continues to avoid unscripted interactions with journalists. She has not held a news conference for 20 weeks, and her public appearances since the November election have not even built in “gaggles” where reporters could informally ask a few questions.

Reynolds cut off press conferences about four months before the 2018 midterm election as well, but during that year’s campaign, she participated in three televised debates and pledged to hold weekly news conferences if elected. Though she didn’t keep that promise, she provided several opportunities for reporters to ask about her plans soon after winning the 2018 race.

This year, Reynolds agreed to only one debate with her Democratic challenger and made no commitment regarding future news conferences. The governor’s spokesperson Alex Murphy has not replied to Bleeding Heartland’s questions about plans for media availabilities.

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

It is safe to assume Kirk Ferentz has not enjoyed the glorious autumn in Iowa the way he would prefer.

He has feverishly worked his Bubble Yum during the Hawkeyes’ games this season. He has been worked over during his post-game press conferences and again at his weekly meetings with the media on Tuesdays.

Being a college football coach is never a picnic. But this year, life for the longest-tenured football coach in big-time college athletics has been more stressful than most years.

We saw that last week when the normally measured coach referred to the media session with journalists following the Hawkeyes’ 54-10 loss to Ohio State University as an “interrogation.” 

But I come today to sing Kirk Ferentz’s praises, not to dog-pile on him.

“If elected, will you commit to weekly press conferences?” a moderator asked during the first debate between Iowa’s candidates for governor in October 2018. “I do it all the time,” Governor Kim Reynolds replied.

Asked again during that campaign’s third debate whether she would hold weekly press conferences, Reynolds claimed to have already made that commitment, adding, “If there’s any ambiguity, I will.”

Bleeding Heartland’s review of the governor’s public schedule reveals she has not come close to keeping that promise for most of the past four years. After a period of greater accessibility during the COVID-19 pandemic, Reynolds held just four formal news conferences during the second half of 2021. More than 40 weeks into this year, she has held only ten news conferences, the last occurring on July 12.

Reporters with access have sometimes been able to ask the governor a few questions at a “gaggle” after a bill signing or another public event. But most weeks, Reynolds has not scheduled even an informal media availability.

Avoiding unscripted questions on camera gives Reynolds greater control over news coverage of her administration, and keeps awkward moments mostly out of public view.

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

“Reasonable” is a word that is used often in Iowa’s laws. Reasonable fees. Reasonable rules. Reasonable efforts. Reasonable force.

But events in recent weeks show government officials are not always following what many Iowans would think the term means. And when government officials deviate from “reasonable,” they should not be surprised if their standing or the stature of their agency suffers in the public’s eyes.

Consider the Linn-Mar Community School District.

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.

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

These days, I stand in front of audiences and engage in what is politely called “public speaking” more often than even Mr. Gentry ever imagined when I showed up at his office door 55 years ago with a bug-eyed expression of concern.

Mr. Gentry was the guidance counselor at Davis County High School. He was in charge of class scheduling. What brought me to his doorstep was noticing I would be taking “Speech” class that semester.

Before I could say anything, however, he presciently said, “You probably are wondering about the Speech class. You will thank me someday.” That “someday” has arrived. You were correct, Mr. Gentry.

The Iowa Public Information Board is advising records custodians to acknowledge public records requests “within the first few business days of receipt,” and to provide information at that time on possible fees and a timeline for producing the records.

The board approved an advisory opinion on “Timeliness of responding to record requests” during an August 18 meeting, where members also voted not to proceed with draft administrative rules on open records requests.

Representatives of government bodies and some state legislators had pushed back against the draft rules, released in July. In particular, some objected that the board lacked authority to issue a rule stating custodians “must acknowledge” receipt of records requests within two business days. (Iowa’s open records law, known as Chapter 22, sets no such deadline.) Some public comments also argued it would be unworkable to require governments to acknowledge requests received through social media.

The Iowa Ethics and Campaign Disclosure Board may soon clarify whether state laws on attribution statements apply to some kinds of political text messages, the board’s executive director Zach Goodrich told Bleeding Heartland.

Goodrich plans to draft an advisory opinion that would confirm when text messages are “electronic general public political advertising” subject to Iowa’s law requiring disclosure of who is responsible for express campaign advocacy.

Randy Evans: Too many government boards refuse to offer the virtual access that has become a part of everyday life for many Iowans.

In my day job, I wear the hat of the executive director of the Iowa Freedom of Information Council. This nonprofit, nonpartisan organization has been around for 40-plus years.

We advocate on behalf of the public and journalists for government transparency and accountability to the people of this state.

Periodically, I speak to groups of government employees and elected officials. One question that often comes up in those settings and in individual conversations with government leaders is some version of, “How are we doing?”

These days, this is what I tell them if they ask.

John Morrissey, a freelance writer in Des Moines, follows up on his coverage of a fatal accident last year.

More than nine months after the crash that killed on-duty Iowa State Trooper Ted Benda, the Iowa Department of Public Safety has nothing more to say about the cause of his death, or its implications. The department’s technical investigation is classified as confidential.

The initial public incident report seems to attribute the accident to the trooper’s driving behavior. That was likely a contributing factor, but was it the sole cause?

The five-month technical investigation into this crash may or may not have considered a poor headlight rating, or higher than average driver death rates for the vehicle involved, as contributing factors. It’s unclear because the technical investigation report will remain secret unless it is sought as part of several exceptions to state law, none of which allow public review.

In response to Bleeding Heartland’s inquiries, the department offered no explanation of steps it might have taken since Benda’s death to reduce future risks, such as testing the headlight aim of its Dodge Chargers, or reviewing the crash statistics for its workhorse patrol vehicle, or even providing a “don’t veer for deer” reminder to troopers.

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.

UPDATE: The Iowa Public Information Board voted on August 18 not to proceed with these draft rules. They may look at open records rules again in the future but did not schedule a date for beginning the process. Original post follows.

The Iowa Public Information Board will not move forward with proposed administrative rules regarding open records requests, the board’s executive director Margaret Johnson told members of the Iowa legislature’s Administrative Rules Review Committee on July 19. Instead, the board’s rules committee will consider feedback next month and put the matter on the agenda for the full board’s September meeting.

Board members have not yet determined whether to let the proposed rule die by taking no action, or whether to post a formal notice of termination. Nor have they decided whether to draft a new version of open records rules after scrapping their first effort.

Johnson said the board had heard from eight speakers at a public hearing on July 11 and received nineteen written comments on the draft rule. (Board staff provided copies of those comments to Bleeding Heartland.)

When summarizing for state lawmakers the criticism the information board received, Johnson did not mention transparency advocates’ concerns about language that would create new excuses for officials wanting to delay providing records. Rather, she highlighted three objections offered by those representing government bodies.

Longtime advocates for access to public records in Iowa expressed concern this week about new administrative rules proposed by the Iowa Public Information Board.

The draft rules would spell out requirements for acknowledging and responding “promptly” to public records requests, but would also create a new excuse for government bodies that fail to provide timely access to records. Nothing in Iowa’s open records statute, known as Chapter 22, authorizes the board’s proposed language on “unforeseen circumstances,” nor is that concept consistent with Iowa Supreme Court precedent.

A Polk County District Court has rejected Governor Kim Reynolds’ attempt to have an open records lawsuit tossed without being considered on the merits. It was the third time in the past five months that a court denied the state’s motion to dismiss a suit claiming the Reynolds administration violated Iowa’s open records law.

I am among the plaintiffs who sued the governor and some of her staff in December over five unfulfilled requests I had submitted to her office, two requests submitted by Clark Kauffman of Iowa Capital Dispatch, and one request submitted by Randy Evans of the Iowa Freedom of Information Council.

About three weeks after the ACLU of Iowa filed the lawsuit on our behalf, the governor’s office provided most of the records we had requested (in some cases more than a year earlier). The state’s attorneys then sought to have the case dismissed as moot.

The Des Moines Black Liberation Movement and Des Moines People’s Town Hall co-authored this piece. Des Moines BLM can be reached through Facebook, Twitter, or email: contact@desmoinesblm.org. Des Moines People’s Town Hall can be reached through Facebook, Twitter, or the group’s website.

The City of Des Moines will soon begin plans to make major alterations to George Flagg Parkway on the south side. The road grade will be raised several feet above the floodplain. Part of the road will also be realigned to connect to SW 30th St to avoid flooding on this heavily-used truck route.

The investment of millions of taxpayer dollars into this project should not happen without conversation around the road’s current namesake. We created our petition to showcase public support for changing the name.

The U.S. Treasury Department’s Office of Inspector General is reviewing documentation provided to justify Governor Kim Reynolds’ use of federal COVID-19 relief funds to compensate staff in her office, Deputy Inspector General Richard Delmar told Bleeding Heartland on March 14.

The State Auditor’s office concluded in November and reaffirmed this month that Reynolds used $448,449 in CARES Act funds to pay part of the salaries and benefits of 21 permanent staffers between March and June 2020 in order to “cover a budget shortfall that was not a result of the pandemic.” State Auditor Rob Sand called on Reynolds to return the money to Iowa’s Coronavirus Relief Fund before the end of 2021. The governor’s office has insisted its use of COVID-19 relief funds for staff salaries was justified.

When the State Auditor’s office published its findings in November, Delmar told Bleeding Heartland his office “has not initiated an audit of the Governor’s Office salaries and awaits resolution of this matter between the Iowa State Auditor and the Governor’s Office.”

Asked this week about the impasse between Reynolds and state auditors, Delmar confirmed via email, “We have requested documentation of the uses from the State Auditor’s Office and are in the process of reviewing it.”

Iowa Freedom of Information Council executive director Randy Evans kicks off Sunshine Week by sharing details the Des Moines school district didn’t disclose when announcing Dr. Tom Ahart’s resignation.

Des Moines Superintendent Thomas Ahart has been a lightning rod during the past three years over the way Iowa’s public schools have responded to the COVID-19 pandemic.

Ahart announced last week that he is leaving, effective June 30. But the Des Moines school board ensured that Ahart will continue to carry that lightning rod for a little longer.

His contract runs for another year, until June 30, 2023. So, you might think he is forgoing his $306,193 salary, his $7,200 annual allowance for a car and cell phone, and his $84,019 taxpayer-provided retirement annuity.

But you would be wrong, wrong, and wrong.

Rachel Bruns is a volunteer advocate for quality maternal health care in Iowa.

I recently recounted how it took the Iowa Department of Public Health (IDPH) 170 days to respond to my request for information on the total births, primary cesareans, total cesareans, and vaginal births after cesareans (VBACs) at Iowa hospitals. I eventually received aggregated five-year totals (2016 through 2020) for each birthing hospital in Iowa.

The International Cesarean Awareness Network (ICAN) of Central Iowa, where I serve as a volunteer chapter leader, has made the data available on our website. You can see it in table form below as Appendix 1. 

While I would have preferred for IDPH to provide the figures for a single year, as I requested, the compiled data still tells us a lot about the overuse of cesareans at several Iowa hospitals and the lack of VBAC access across much of the state.

For the second straight year, the state of Iowa missed a deadline for releasing a detailed report on state finances. Officials publicly acknowledged the delay last week but have not explained why the Annual Comprehensive Financial Report for fiscal year 2021 is not complete.

Staff at the Iowa Department of Administrative Services, which compiles this report, have not responded to five inquiries from Bleeding Heartland about the matter over the past two weeks. Staff at the Iowa Department of Management, which prepared a public notice about the late report, likewise ignored three attempts to clarify the source of the problem.

Former State Representative Mary Ann Hanusa finally gave up her Congressional ambitions and announced on January 5 she’s running for state auditor. She won’t face any competition in the Republican primary, coming out of the gate with endorsements from Governor Kim Reynolds, Senator Chuck Grassley, and Senator Joni Ernst.

Democrat Rob Sand won the 2018 state auditor’s race by 660,169 votes to 601,320 for GOP incumbent Mary Mosiman (50.9 percent to 46.4 percent). Turnout set a modern midterm record for Iowa that year. Participation could be far lower in 2022—perhaps 1.1 million to 1.2 million voters.

Whether Hanusa emerges as a strong challenger will become more clear as her campaign unfolds, but here are some initial thoughts.

During the five years of their trifecta, Republican lawmakers shredded a 43-year-old collective bargaining law and overhauled a judicial selection process that had been in place for nearly six decades.

Now Iowa Senate Republicans are tossing out more than a century of precedent by refusing to seat any journalists on the chamber’s press bench. For the session that begins on January 10, they are relegating reporters to public galleries far removed from the action.

Why should anyone care where reporters sit at the Iowa capitol? Take it from someone who has never been allowed to work on the press bench: losing access to the chamber will greatly hinder news gathering in the Senate.

Rachel Bruns recounts the saga of trying to obtain records that the Iowa Department of Public Health could have provided promptly.

In an article I wrote for this website in January 2021, Provider practices in Iowa lead to more c-sections, complications, I mentioned that I had requested records from the Iowa Department of Public Health (IDPH) on the number of cesarean births and vaginal births after cesarean (VBACs) in Iowa hospitals.

A lot has happened related to my request since then. I’m summarizing my experience in case it can help other Iowans seeking what should be public information from a government entity.

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

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

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

Since State Auditor Rob Sand ruled out running for governor earlier this month, I’ve been meaning to catch up on the Democratic candidates who have been actively campaigning against Kim Reynolds: State Representative Ras Smith and Deidre DeJear, the 2018 nominee for secretary of state.

The field may not be set; many Democrats believe at least one other candidate will join the governor’s race early next year. Recent speculation has centered around State Representative Chris Hall. The six-term Iowa House Democrat from Sioux City, who is ranking member on the House Appropriations Committee, has not announced whether he will seek re-election or run for higher office in 2022. Hall declined to comment for the record when I reached out to him shortly after Sand confirmed he’ll run for state auditor again.

This post will focus on bases of support for Smith and DeJear. We’ll know more about their capacity to run a strong statewide campaign after candidates disclose how much they’ve raised and spent this year. Those reports must be filed with the Iowa Ethics and Campaign Disclosure Board by January 19.

Bleeding Heartland is unlikely to endorse any candidate before the primary, but I welcome guest commentaries advocating for any Democratic contenders. Those wanting to learn more about the options should tune in to the Iowa Unity Coalition’s gubernatorial candidate forum on January 22 in Des Moines; both Smith and DeJear have agreed to participate.

The ACLU of Iowa filed suit on December 16 on behalf of three reporters and three media organizations over Governor Kim Reynolds’ long-standing failure to comply with Iowa’s open records law. The lawsuit cites five unfulfilled requests submitted by me, two submitted by Clark Kauffman of Iowa Capital Dispatch, and one submitted by Randy Evans of the Iowa Freedom of Information Council.

I’ve been seeking some of those records for more than a year. My oldest outstanding request, for video messages the governor may have recorded for meatpacking plant employees during the early weeks of the pandemic, dates to April 2020. Although Reynolds told members of the Iowa Capitol Press Association in January 2021 that she would commit to having her staff respond to open records requests “in a timely manner,” her office continues to stonewall.

Governor Kim Reynolds used $448,449 in federal COVID-19 relief funds to cover a shortfall in her office budget without documenting that 21 of her staffers were “substantially dedicated” to the pandemic response, a state audit determined.

The U.S. Treasury Department’s Office of Inspector General asked state auditors in January 2021 to review whether the spending complied with rules governing the use of Coronavirus Aid, Relief and Economic Security (CARES) Act funds. Bleeding Heartland was first to report in September 2020 on CARES Act payments supporting the governor’s permanent staffers, and reported exclusively last December on how documents were altered to make a “FY 2020 Shortfall” in the governor’s office budget appear to be “COVID-19 Personnel Costs.”

State Auditor Rob Sand warned the Reynolds administration in October 2020 that without adequate documentation, COVID-19 relief funds used to pay governor’s staff salaries might need to be repaid to the federal government. The report issued this week advised the governor to return the money to Iowa’s Coronavirus Relief Fund “for other eligible and supported uses prior to the December 31, 2021 deadline.”

The governor’s spokesperson Alex Murphy told reporters the office is “now working with Treasury to provide them documentation” to support the CARES Act spending.

That’s easier said than done.