Embattled Branstad appointees confirmed by Senate

DES MOINES — Iowa senators voted Tuesday to confirm four of Gov. Terry Branstad's more-controversial appointees, including two closely associated with the decisions to eventually close two of the state's mental health institutes in Mount Pleasant and Clarinda and to close the Iowa Juvenile Home in Toledo last year.

Branstad appointees who received the required minimum of 34 affirmative votes to serve for four years were Charles Palmer as director of the state Department of Human Services, David Roederer as director of the state Department of Management, Janet Phipps Burkhead as director of the state Department of Administrative Services and Joseph S. Cortese II as Iowa's workers' compensation commissioner.

Still unknown is the fate of Arlen Ciechanowski, the governor's reappointed to direct the Iowa Law Enforcement Academy.

The academy came under legislative scrutiny last year over allegations surrounding a former assistant director at the academy who eventually was fired weeks shy of his scheduled retirement. Discussion are ongoing between Senate leaders and the governor's office with an outcome to be determined by today's deadline for confirmation.

Palmer's reappointment drew the most-spirited debate during Tuesday's floor votes. Sens. Rob Hogg, D-Cedar Rapids, and David Johnson, R-Ocheyedan, called the decision a 'gut check' for senators but for differing reasons.

Hogg said a district judge ruled the Branstad administration's action in closing the Toledo girls' home — without legislative approval — was illegal and unconstitutional and that Palmer should have not carried out an illegal action 'just because (his) boss' told him to do it. Hogg said the plans to close two MHIs without legislative approval or consultation are 'déjà vu all over again.'

'To me, this is an essential part of the checks and the balances,' Hogg said. 'It would be wrong for us to confirm Director Palmer. There are consequences when the law is disobeyed.'

However, Johnson countered that Palmer has been a knowledgeable, compassionate leader who has brought stability to a department that had seen a 'revolving door' of directors. He told senators he has 'full confidence' in Palmer, noting his role in the state's transition to a regional mental health delivery system.

'What a judge says is an opinion,' Johnson said of the court decision Hogg cites. 'I haven't seen anything there that negates what happened last November. Elections have consequences, and if there was a lack of confidence by the people of Iowa in the direction we're going, we would have heard that.'

However, Sen. Rich Taylor, D-Mount Pleasant, noted there was no mention by Branstad during his 2014 campaign that he had been plans in the works for three years to close two MHIs once he was re-elected. He urged senators to defeat Palmer because 'he's lost sight of taking care of those most-vulnerable Iowans.

Eleven Democrats voted no to Palmer's confirmation, while 15 Democrats and 26 GOP senators voted yes in exceeding the two-thirds majority required for confirmation a gubernatorial nominee.

Senators confirmed Roederer by a 48-2 verdict, while the vote was 46-4 to confirm Phipps Burkhead and 42-8 to approve Cortese. Five other Branstad appointments to state boards and commissions were passed 50-0 by an 'en bloc' vote.