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State Workers Fight Back

A two-day hearing got underway at the state capitol with job protections for state workers hanging in the balance. State employees are fighting back after the Branstad administration reclassified their jobs so they can be fired without cause.

The Branstad team changed the status of some  350 jobs in a reorganization of state government they say is legal and is saving the taxpayers money.   Administrative law judge Ann Smicek  is hearing the case of four state employees who lost their job protection.

“This is Thursday September 25 2014, and we are at the Lucas State Office Building in Des Moines.   The appellants are employees in the Department of Inspections and Appeals,”  Smicek said as she began proceedings.  

 The workers oversee  inspections of hospitals and nursing homes and investigate  welfare fraud.  They used to be so-called merit employees who could only be fired with cause.   Now they’re political appointees and they say they could lose their jobs if they make controversial  rulings.    Wendy Dishman is one of the managers questioning her altered job status. 

“Prior to the rule change all of the appellants were merit-covered, Dishman said.

Dishman  questioned  another reclassified worker Kathy Sutton, also a   manager  at Inspections and Appeals.

“When you were hired as the assistant administrator would you say you were hired based on your ability and past job performance?” Dishman asked. 

“Correct,” Sutton replied.

“ And your hiring was not based on any political connection you had?” Dishman continued.

“No,” Sutton added.

“ And why is it important to keep it that way?”  Dishman continued.

“ As a regulatory agency we make very unpopular decisions that impact a number of health care entities and those are frequently politically-associated.  If it wasn’t a merit covered position.  There’s  a possibility that as regulators we could be compromised,” Sutton concluded.  

It was the Department of Administrative Services that wrote the new rule clearing  the way for jobs to be reclassified.    DAS general counsel  Karin Gregor  tells the judge workers should have made their complaint when the new rule was being made so there’s no avenue to appeal it now.   

“They're asking for either a change in the rule a waiver for their positions or being grandfathered into a merit position.  Those are not remedies that are available,” Gregor said.

The workers say their reclassications took them by surprise, and they should have gotten some notice.   Gregor  questions whether notice was required.   The workers argue that federal rules require their jobs to be protected. And they say some workers were given back their merit status to comply.      The General counsel calls that pure speculation.

“I lean toward  having more evidence to review rather than less,” Smicek said.

Smicek said  she will rule in the case within 60 days.