Common good vs. common blame

When leaders defy a “common good” standard in decisions, the ultimate price becomes a “common blame,” because government actions represent us all, even if they do not serve us all.

The Chris Godfrey case is only the latest example of a state leadership that — with no meaningful check on its authority — will do whatever it wants regardless of the consequences. They can, so they will.

And, for now, a jury has given the taxpayers of Iowa the consequences: a $1.5 million judgment against the state because of then-Governor Terry Branstad’s discrimination against a gay state official. Godfrey was state workers’ compensation commissioner when Branstad pressured him to resign, then cut his pay when Godfrey refused.

Branstad maintains the decision had nothing to do with Godfrey being gay. A jury disagreed. Either way, the totality of the case is disturbing.

When our state leaders defy a “common good” standard in making decisions, the ultimate pushback or price becomes a “common blame,” because the government actions represent us all, even if they do not serve us all.

We already see it in the issues surrounding Iowa’s poor water quality and the refusal of Iowa’s leaders to use public policy effectively to correct it. The voluntary Nutrient Reduction Strategy is not a strategy at all, but rather our imaginary friend who assures us we’ll do the right thing. Or our farmers will. Someday. But no one will make either us, or farmers, do the right thing unless already inclined to do so.

We see it when exorbitant tax breaks or subsidies go to corporations without a discernible return to the public, while services that benefit not only the corporations but all Iowans — such as a strong PK-12 and post-secondary education system — are held back or even cut.

And we see it here, in the Godfrey case. As the Cedar Rapids Gazette’s Todd Dorman pointed out in a column today:

The jury found Branstad was in the wrong. Now, of course, if the verdict stands, it will be you and I who likely pay the freight. Maybe those captains of industry Branstad tried so hard to please by bullying Godfrey could pass the hat.
And of course those “captains of industry” would have to pass the hat if they are to contribute, because we don’t tax them enough. We keep giving away subsidies and tax breaks like candy.

But this is about more than taxes. As our senior research consultant, Colin Gordon, noted in a blog yesterday, Branstad’s own defense — effectively that he did not discriminate against Godfrey but wanted him out because of what he had heard from business owners — is a problem in itself. It is something that Iowa’s leaders need to recognize as a problem and if they cannot, the voters need to. The state is not here as a service center for corporations, but to serve all Iowans. When individual Iowans are injured on the job, they need someone enforcing the law, as Godfrey was doing.

By his own admission, Governor Branstad was taking his cues from his business cronies. And if you read the transcript of his deposition in the case under questioning by attorney Roxanne Conlin, you can see he didn’t investigate beyond the anecdotal whining he was hearing from selected business people.

And Branstad won’t be held accountable for it. The people of Iowa will be, in our common blame.

Mike Owen is executive director of the nonpartisan Iowa Policy Project.
mikeowen@iowapolicyproject.org

Price of discrimination, business influence

Just as damning as our former governor’s pattern of discrimination is the defense he offered, that he targeted the workers’ compensation commissioner because business interests told him he had to go.

When Terry Branstad returned to the Governor’s Office in 2011, one of his first acts was to ask for the resignation of Iowa Workers’ Compensation Commissioner Chris Godfrey, who is openly gay. When Godfrey declined to resign, Branstad slashed his salary to $73,250 — a pay cut of nearly $40,000, which left Godfrey earning the statutory minimum for the job.

In 2012, Godfrey sued, claiming that Branstad had discriminated against him based on his sexual orientation. On July 15, a Polk County jury agreed — awarding Godfrey $1.5 million in damages.[1] At trial, Branstad claimed he had “always treated everyone, gay or straight, with respect and dignity,” but the jury determined the evidence pointed strongly in the other direction — and now Iowa taxpayers are paying the price.

Just as damning as our former governor’s pattern of discrimination is the defense he offered at trial, and in his pre-trial deposition.[2] By his account, Branstad took aim at Godfrey not because his workers’ compensation commissioner was gay, but because the Iowa business community — and especially meatpacking interests — told him that Godfrey had to go.

So, we have a jury calling out discrimination at the highest level of Iowa government, and effectively an admission from the former governor that the business lobby was calling the shots on a critical issue.

In his November 2014 deposition, Branstad details meetings in 2010 with Eldin and Regina Roth of Beef Products Inc (BPI) who “said they were concerned about the direction that the workers’ comp commission is going in Iowa, that it was driving up the costs of their businesses.” In July 2011, Branstad solicited a long memo from Tyson Foods[3] that offered the Governor a blow-by-blow account of “the negative impact [Godfrey’s] decisions have on Iowa Employers.”

When Branstad took office in 2011, his treatment of Godfrey was callous, petty and discriminatory. When Republicans achieved “trifecta” control of the Statehouse in 2017, the target shifted from the commissioner to the entire workers’ compensation system. At stake here was not just Godfrey’s job but — as we detailed in our report last year on the recent changes to Iowa’s workers’ compensation system[4]a fundamental shift in responsibility and risk for workplace injuries.

[1] Stephen Gruber-Miller, The Des Moines Register, July 15, 2019. https://www.desmoinesregister.com/story/news/politics/2019/07/15/terry-branstad-gay-official-discrimination-chris-godfrey-workers-compensation-commissioner-verdict/1714302001/

[2] https://www.documentcloud.org/documents/2644880-Gov-Terry-Branstad-deposition.html

[3] https://www.documentcloud.org/documents/2644850-Tyson-Foods-Talking-Points-for-Gov-Terry-Branstad.html
[4] Emily Schott, Matthew Glasson and Colin Gordon, The Iowa Policy Project, “Giving Workers the Cold Shoulder: Shifting the Risk Under Iowa’s Workers’ Compensation Law.” http://www.iowapolicyproject.org/2018docs/180920-workers_comp.pdf

Colin Gordon is senior research consultant for the nonpartisan Iowa Policy Project (IPP). A professor of history at the University of Iowa, he is the author of IPP’s long-running State of Working Iowa analysis. Contact: cgordonipp@gmail.com