Iowa has agreed to pay $600,000 to settle a wrongful termination lawsuit involving Polly Carver-Kimm, a former communications director for the Iowa Department of Public Health (IDPH). She claims she was forced to resign for trying to follow the state’s open records law.
Carver-Kimm had worked for the agency for 13 years, handling public records requests. Her troubles began during the COVID-19 pandemic when she asserted that the Reynolds administration tried to limit information sharing about the state’s pandemic response. She believes this led to restrictions on her job duties, especially when she provided abortion statistics to a reporter. Following this, she was given an ultimatum: resign or face termination. Concerned she would lose her vacation time, she chose to resign.
After her departure, Carver-Kimm filed a lawsuit in 2020, asserting the state had no valid reason to terminate her. The settlement agreement doesn’t involve any admission of wrongdoing from Iowa officials. A 2-1 vote by the State Appeal Board approved the settlement.
Thomas Duff, Carver-Kimm’s attorney, expressed satisfaction with the resolution. He emphasized that she lost her job simply for doing her duty: ensuring public transparency.
The lawsuit targeted former IDPH Director Gerd Clabaugh and two other officials. Although initially directed against Governor Kim Reynolds and her office’s former communications director, the Iowa Supreme Court ruled in 2023 that they could be dropped from the case.
State Auditor Rob Sand voted against the settlement. He voiced his concern that taxpayers should not be paying for what he sees as repeated violations of the law by state officials. Sand pointed out that this is the fourth settlement related to open records violations under Reynolds, costing Iowa taxpayers about $800,000.
Interestingly, the Iowa Supreme Court previously found that Governor Reynolds violated open records laws by failing to respond to numerous requests during the pandemic. The state then paid $174,000 to settle three related lawsuits.
These cases highlight ongoing tensions surrounding public records in Iowa. Transparency advocates argue that consequences for officials are necessary to deter future violations. As Carver-Kimm’s case demonstrates, the struggle for open government continues to be a crucial issue in the state.
For more insights on public records laws in Iowa, you can check official reports from the Iowa Freedom of Information Council.
