Commissioner Godfrey Resigns to Accept Position as Chief ALJ for the Federal Employees Compensation Appeal Board
On Monday, August 4, 2014, Commissioner Chris Godfrey resigned his position as Iowa's Workers' Compensation Commissioner. Since 2010, the governor had attempted to force Commissioner Godfrey's resignation, first by asking for the resignation, and later by reducing his salary substantially in an effort to force that resignation. As a result of the attempts to force his resignation, Commissioner Godfrey filed a lawsuit against the Governor and other state officials, claiming extortion, defamation and a violation of the commissioner's civil rights because of his sexual orientation. The story in the Des Moines Register can be found at http://www.desmoinesregister.com/story/news/2014/08/05/chris-godfrey-taking-federal-job-still-pursuing-lawsuit/13610657/. As noted in the Register article, despite taking the job with the Employees Compensation Appeal Board (ECAB), the lawsuit against the governor and others will continue.
Despite the fact that the Iowa Workers' Compensation Commissioner's office has been amazingly efficient for such a small staff (the smallest staff in the country), the governor sought to argue that the commissioner was not doing his job. As the letter the commissioner wrote to the governor suggests, however, despite the inadequacies of the budget, the agency continued to function effectively. The backlog of appeals has been reduced significantly, Iowa has a very stable workers' compensation system for both employers and employees, an electronic system for filing is on the cusp of becoming a reality, and the independence of the agency remains intact. In his letter of resignation, the commissioner noted:
"As any judge who is faithful to his or her oath, I have taken every step in my power to protect our great state's system from unwarranted influence, intimidation, and retaliation. There is still much work to be done on this front, and I fully intend to see it through until the end, not only for my family and me, but for all Iowans who respect the rule of law. I am confident that my civil action against this Executive Branch, and the state, has already strengthened the office for future commissioners in addition to bringing accountability to those who would misuse and flagrantly violate Iowa's laws."
The fact that the current executive branch may not fully comprehend the independence of the judiciary was, unfortunately, brought home in a recent action by the governor to once again restrict the independence of the judiciary. As reported in the Des Moines Register, the governor has changed the position of chief administrative law judge from a merit position to "at will" status, which, as the Register notes, "effectively strips the job of protection from political influence." The Register story on this is at http://www.desmoinesregister.com/story/news/local/government/2014/08/07/terry-branstad-will-judge/13708661/
Despite the fact that the Iowa Code specifically provides the the commissioner is to have a six year term (the governor shall appointment a workers' compensation commissioner "whose term of office shall be six years" - section 86.1 of the Iowa Code), the governor sought to interfere with the commissioner's completion of that term of office. Similarly, the governor is interfering with the independence of the chief administrative law judge for the state, despite Iowa Code provisions to the contrary. Thus, rather than being independent voices, addressing cases based on the facts and law, administrative judges will be forced to watch their backs, ever leery of upsetting their political patrons. This is not the way the system was designed to operate, and represents a deeply disturbing trend in the current administration.
Neifert, Byrne and Ozga wishes the commissioner the best in his new position as chief ALJ for ECAB. More importantly, we salute the commissioner for his perseverance over the past three plus years in completing his job as commissioner and refusing to bow to the political pressures brought to bear on him. Iowa's workers' compensation system is immeasurably better for his efforts.
Despite the fact that the Iowa Workers' Compensation Commissioner's office has been amazingly efficient for such a small staff (the smallest staff in the country), the governor sought to argue that the commissioner was not doing his job. As the letter the commissioner wrote to the governor suggests, however, despite the inadequacies of the budget, the agency continued to function effectively. The backlog of appeals has been reduced significantly, Iowa has a very stable workers' compensation system for both employers and employees, an electronic system for filing is on the cusp of becoming a reality, and the independence of the agency remains intact. In his letter of resignation, the commissioner noted:
"As any judge who is faithful to his or her oath, I have taken every step in my power to protect our great state's system from unwarranted influence, intimidation, and retaliation. There is still much work to be done on this front, and I fully intend to see it through until the end, not only for my family and me, but for all Iowans who respect the rule of law. I am confident that my civil action against this Executive Branch, and the state, has already strengthened the office for future commissioners in addition to bringing accountability to those who would misuse and flagrantly violate Iowa's laws."
The fact that the current executive branch may not fully comprehend the independence of the judiciary was, unfortunately, brought home in a recent action by the governor to once again restrict the independence of the judiciary. As reported in the Des Moines Register, the governor has changed the position of chief administrative law judge from a merit position to "at will" status, which, as the Register notes, "effectively strips the job of protection from political influence." The Register story on this is at http://www.desmoinesregister.com/story/news/local/government/2014/08/07/terry-branstad-will-judge/13708661/
Despite the fact that the Iowa Code specifically provides the the commissioner is to have a six year term (the governor shall appointment a workers' compensation commissioner "whose term of office shall be six years" - section 86.1 of the Iowa Code), the governor sought to interfere with the commissioner's completion of that term of office. Similarly, the governor is interfering with the independence of the chief administrative law judge for the state, despite Iowa Code provisions to the contrary. Thus, rather than being independent voices, addressing cases based on the facts and law, administrative judges will be forced to watch their backs, ever leery of upsetting their political patrons. This is not the way the system was designed to operate, and represents a deeply disturbing trend in the current administration.
Neifert, Byrne and Ozga wishes the commissioner the best in his new position as chief ALJ for ECAB. More importantly, we salute the commissioner for his perseverance over the past three plus years in completing his job as commissioner and refusing to bow to the political pressures brought to bear on him. Iowa's workers' compensation system is immeasurably better for his efforts.
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