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E-FILED 2014 APR 28 12:05 PM POLK - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR POLK COUNTY

DEBRA EDEKER, NANCY RAMIREZ, and WILLIAM FREESE, individually and on Behalf of Others Similarly Situated, Plaintiffs,

CASE No. ____________________

CLASS ACTION PETITION v. MIKE CARROLL, WILLIAM WEST, TERRY BRANSTAD, and THE STATE OF IOWA Defendants.

COMES NOW the Plaintiffs, Debra Edeker, Nancy Ramirez, and William Freese for their Class Action Petition, by and through counsel, and on Behalf of Themselves and All Others Similarly Situated, and for their causes of action against Defendants Mike Carroll, William West, Terry Branstad, and the State of Iowa, and allege as follows: SUMMARY OF THIS ACTION 1. Plaintiffs bring this class action under state common law, Iowa Code Sections

730.1, 730.2, and Iowa Constitution Article 1, Section 9 for damages sustained as a result of Defendants creating blacklist s and placing Plaintiffs names on these lists. Specifically, Plaintiffs challenge those practices that Defendants used, and continue to use, to preemptively deny individuals employment with the State of Iowa for all time based on blacklists created and maintained by the State of Iowa and its employees. These actions resulted in substantial harm to Plaintiffs and to members of the Class. The specific class and subclasses included in this action are set forth below.

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2.

These claims are prosecuted by one class, the 975 individuals placed on the

blacklist released by the State of Iowa in addition to others on other unreleased lists, whose numbers are unknown and whose identities remain secret. 3. The purpose and effect of Defendants illegal conduct has been to place

individuals on blacklists without notice or explanation, without due process, without cause, and for all time. As a result of Defendants illegal conduct, the Plaintiffs and members of the Class are entitled to equitable relief and recovery of monetary damages for their injuries. JURISDICTION AND VENUE 4. This court has jurisdiction as these claims are being brought under state common

law, State of Iowa Code, and the Constitution of the State of Iowa. 5. Pursuant to Iowa Code 616.17 venue is proper in Polk County because the

Defendants do business in this county. THE PARTIES 6. At all times material hereto, Plaintiff Debra Edeker was a citizen and resident of

Altoona, Polk County, Iowa. Edeker was a former State of Iowa employee whose name appears on one of the blacklists maintained by the State of Iowa. 7. At all times material hereto, Plaintiff Nancy Ramirez was a citizen and resident of

Marshalltown, Marshall County, Iowa. Ramirez was a former State of Iowa employee whose name appears on one of the blacklists maintained by the State of Iowa. 8. At all times material hereto, Plaintiff William Freese was a citizen and resident of

Newton, Jasper County, Iowa. Freese was a former State of Iowa employee whose name appears on one of the blacklists maintained by the State of Iowa.

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9.

Defendant Mike Carroll was the former Director of the Department of

Administrative Services, and at all times relevant to this Petition, upon information and belief, a citizen and resident of Des Moines, Polk County, Iowa, and the supervisor of the blacklists. 10. Defendant William West is the Public Service Executive with the Department of

Administrative Services, and at all times relevant to this Petition, upon information and belief, a citizen and resident of Des Moines, Polk County, Iowa, and keeper of the blacklists. 11. Defendant Terry Branstad is the Governor of the State of Iowa, and at all times

relevant to this Petition, upon information and belief, a citizen and resident of Des Moines, Polk County, Iowa, and had at all times knowledge of the blacklists and approved of its use. 12. Defendant State of Iowa, a sovereign state as defined in the Iowa Code, has its

principal place of business in Des Moines, Polk County, Iowa. CLASS ACTION ALLEGATIONS 13. Plaintiffs are bringing this action pursuant to state common law, Iowa Code

Sections 730.1 and 730.2, and Iowa Constitution Article 1, Section 9 on behalf of the Class identified below. 14. The Class consists of all individuals whose names appear on the blacklists

maintained by the State of Iowa who were not notified that they were put on the blacklist and were not given a process to challenge their placement on the lists. 15. There will likely be four subclasses of individuals: 1. Individuals who were terminated / forced to quit their positions whose names were added to the blacklists maintained by the State of Iowa.

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2.

Individuals who were terminated / forced to quit their positions for factors forbidden by the Iowa Civil Rights Act and whose names were added to the blacklists maintained by the State of Iowa.

3.

Individuals who are still employed by the State of Iowa whose names appear on the blacklists maintained by the State of Iowa.

4.

Individuals who voluntarily terminated their employment with the State of Iowa but whom were nevertheless placed on the blacklists maintained by the State of Iowa.

16.

The named Plaintiffs, as persons placed on the blacklists maintained by the State

of Iowa, are representatives of an ascertainable class that is comprised of State of Iowa employees whose names were placed on the blacklists maintained by the State of Iowa. 17. Plaintiffs are informed, and believe, and on that basis allege, that the membership

of the Class likely includes more than 1,000 individuals. It has been reported that there are 975 names on the blacklist that has currently been released and more on secret blacklists that have not yet been released. The Class is so numerous that joinder of all members is impracticable. Joinder is also impractical because potential Class members reside in different counties and judicial sub-districts within the State of Iowa. 18. There are questions of law and fact common to each member of the Class. Such

common questions include, but are not limited to: a. Whether the individuals name appears on the blacklist s maintained by the State of Iowa; b. Whether the State of Iowa and its employees maintained blacklists of employees;

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c.

Whether the State of Iowas blacklist s are an illegal violation of public policy and state common law;

d. e. f. 19.

Whether the State of Iowas blacklist s violate Iowa Code Sections 730.1; Whether the State of Iowas blacklist s violate Iowa Code Sections 730.2; and Whether the State of Iowas blacklist s violate Iowa Constitution Article 1, 9. There is a common interest among members of the Class with respect to questions

of law and fact. The named Plaintiffs claims are typical of the claims of absent members of the Class. The named Plaintiffs claims also fairly encompass the claims of absent members of the Class. Moreover, the named Plaintiffs and absent members of the Class are similarly situated and have been harmed by the same course of unlawful conduct alleged herein. 20. It is further appropriate to proceed with this action on behalf of the Class

members because: a. The prosecution of separate actions by individual members of the Class would create a risk of inconsistent or varying adjudications with respect to individual members of the Class which would establish incompatible standards of conduct for Defendant; b. As a practical matter, adjudications with respect to the individual members of the Class, would be dispositive of the interests of other members not parties to the adjudications, and/or would substantially impair or impede their ability to protect their interests; and c. The questions of law and fact common to the members of the Class predominate over any questions affecting only individual members, and a class action is

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superior to other available methods for the fair and efficient adjudication of this action. 21. Plaintiff has retained lawyers who are experienced litigators with very substantial

class action experience and expertise. The lawyers have agreed to advance the costs of the outof-pocket expenses of this litigation and have the ability to do so. FACTUAL BACKGROUND 22. 23. Plaintiffs Edeker, Ramirez, and Freese were employees of the State of Iowa. Plaintiff Edeker worked for the Iowa Department of Natural Resources and the

Department of Agriculture as an Accountant II. 24. 25. mistakes. 26. Plaintiff Ramirez worked for the Iowa Veterans Home in Marshalltown, Iowa as Plaintiff Edeker had worked for the State of Iowa for more than twenty-five years. Plaintiff Edeker was terminated on April 1, 2013 for allegedly making too many

a Resident Treatment Worker, beginning on May 4, 2009. 27. on-call shift. 28. At the time of her termination, Plaintiff Ramirez asked if she could be rehired. Plaintiff Ramirez was terminated on October 26, 2012 for allegedly missing an

She was told by a woman in human resources that she could reapply in one year. 29. Home. 30. Approximately two weeks after her application, she received a letter stating that In October 2013, Plaintiff Ramirez applied for a position with the Iowa Veterans

she was not eligible to be rehired.

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31.

William Freese worked for the Iowa Department of Human Services as an Income

Maintenance Supervisor, beginning on December 9, 1989. 32. Plaintiff Freese was terminated on November 6, 2013 for the alleged reason that

he was not doing [his] job correctly. 33. Plaintiffs Edeker, Ramirez, and Freese were never told by anyone at the State of

Iowa that they were placed on a blacklist or provided with the reason they were placed on a blacklist. 34. All of the Plaintiffs were placed on a blacklist of terminated employees who are

apparently banned from ever being hired by the State of Iowa. 35. These lists contain some employees who were terminated for discriminatory

reasons or in violation of Iowas whistleblowing statutes, or whose terminations were reversed in subsequent proceedings, or who may not have been terminated at all. 36. Employees who are on the blacklists were generally not notified that they are on

the blacklists, have no way to appeal their placement on the blacklists and have no way to get off the blacklists which apparently render them ineligible for employment with any agency or department of the State of Iowa forever. 37. On April 3, 2014, former Department of Administrative Services Director Mike

Carroll testified before the Government Oversight Committee that there was no blacklist. 38. Subsequently, documents were produced proving that there is a blacklist and the

Iowa Human Resources Department released the names of the individuals on one of the blacklist on April 10, 2014. 39. It was also revealed that another list bars employees from employment with the

State of Iowa, but the State elected to keep that list secret.

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40.

The names of Plaintiffs Edeker, Ramirez, and Freese appear on the blacklist

produced by the State of Iowa. COUNT I COMMON LAW BLACKLISTING VIOLATION OF PUBLIC POLICY 41. The Department of Administrative Services is empowered to promulgate rules

[f]or the establishment of lists for appointment and promotion, upon which lists shall be placed the names of successful candidates and [f]or the rejection of applicants who fail to meet reasonable requirements. Iowa Code 8A413. 42. Iowa Administrative Code Chapter 11 54.2(6) entitles directors to refuse to

place an applicant on a list of eligibles, refuse to refer an applicant for a vacancy, refuse to approve the appointment of an applicant, or remove an applicant from a list of eligibles for a position. 43. There is no statute or regulation that empowers the State of Iowa to bar applicants

from all employment with the State of Iowa or employment with any specific agency. 44. The State of Iowa Department of Administrative Services is only authorized to

screen each applicant for a specific position that the applicant has applied for and, if appropriate, restrict or remove that applicant from the appropriate list of eligible applicants. 45. Creating and maintaining blacklists that prevent employees from future

employment with the State of Iowa or a state agency without notice, without a legitimate reason, and with no process to challenge this decision is a clear violation of a well-recognized and defined public policy. 46. The State of Iowa is not authorized to create and maintain blacklists of employees

barred from employment with the State of Iowa or with a state agency for all time.

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47.

Plaintiffs and members of the Class have been damaged as a direct and proximate

result of the Defendants acts. 48. Furthermore, as a proximate result of Defendants acts aforesaid, Plaintiffs and

members of the Class are entitled to the relief set forth in the prayer below. COUNT II VIOLATION OF IOWA CODE SECTION 730.1 49. Iowa Code Section 730.1 makes it a crime for any person, agent, company, or

corporation to attempt to prevent or prevent a former employee from obtaining employment. 50. Defendants, through its agents, servants and employees, attempted to prevent or

prevented Plaintiffs and members of the Class from obtaining employment. 51. Plaintiffs and members of the Class have been damaged as a direct and proximate

result of the Defendant s acts. 52. Furthermore, as a proximate result of Defendants acts aforesaid, Plaintiffs and

members of the Class are entitled to the relief set forth in the prayer below. COUNT III VIOLATION OF IOWA CODE SECTION 730.2 53. Iowa Code Section 730.2 prohibits any company, partnership, or corporation from

authorizing or allowing any of its or their agents to blacklist any former employee, or attempting by word or writing or any other means from preventing a former employee from obtaining employment. 54. Defendants, through its agents, servants and employees, created and maintained

blacklists preventing Plaintiffs and members of the Class from obtaining employment. 55. Plaintiffs and members of the Class have been damaged as a direct and proximate

result of the Defendants acts.

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56.

Iowa Code Section 730.2 provides for treble damages against any employer who

violates this provision. 57. Furthermore, as a proximate result of Defendants acts aforesaid, Plaintiffs and

members of the Class are entitled to the relief set forth in the prayer below. COUNT IV DENIAL OF RIGHT TO PROCEDURAL AND SUBSTANTIVE DUE PROCESS-IOWA STATE CONSTITUTION ARTICLE I, 9 ALL EMPLOYEES 58. The Iowa Constitution guarantees that no person shall be deprived of life, liberty, or

property, without due process of law. 59. Defendants, through its agents, servants and employees, allowed officers with

apparent legal authority to place Plaintiffs and members of the Class on blacklists that render them ineligible for employment by the State of Iowa or a state agency ever again with no process at all, no appeal, and no notice. 60. The policy, practice, or custom of Defendants allowed its agents, servants, and

employees to retaliate against Plaintiffs and members of the Class. 61. The deprivation of Plaintiffs and members of the Class fundamental rights was the

direct result of the policy, practice, or custom of the Defendants. 62. Defendants deprived Plaintiffs and members of the Class of rights to which they

were entitled under the Due Process clause of the Constitution of the State of Iowa. 63. Plaintiffs and members of the Class have been damaged as a direct and proximate

result of the Defend ants acts. 64. Furthermore, as a proximate result of Defendants acts aforesaid, Plaintiffs and

members of the Class are entitled to the relief set forth in the prayer below.

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COUNT V DENIAL OF RIGHT TO PROCEDURAL AND SUBSTANTIVE DUE PROCESS-IOWA STATE CONSTITUTION ARTICLE I, 9 EMPLOYEES WITH CLAIMS UNDER OTHER IOWA LAW 65. The Iowa Constitution guarantees that no person shall be deprived of life, liberty, or

property, without due process of law. 66. Defendants, through its agents, servants and employees, allowed officers with

apparent legal authority to place members of the Class on blacklists that render them ineligible for employment by the State of Iowa or a state agency ever again with no process at all, no appeal, and no notice even though some members of the class filed complaints with the Iowa Public Employment Relations Board (PERB) or the Iowa Civil Rights Commission (ICRC) and subsequently had their discharges reversed and may not have been terminated at all. 67. The policy, practice, or custom of Defendants allowed its agents, servants, and

employees to retaliate against members of the Class who filed complaints with PERB or ICRC and subsequently had their discharges reversed. 68. The deprivation of the fundamental rights of Class members whom filed complaints

with PERB or ICRC and subsequently had their discharges reversed was the direct result of the policy, practice, or custom of the Defendants. 69. Defendants deprived members of the Class whom filed complaints with PERB or

ICRC and subsequently had their discharges reversed of rights to which they were entitled under the Due Process clause of the Constitution of the State of Iowa. 70. Members of the Class who filed complaints with PERB or ICRC and

subsequently had their discharges reversed have been damaged as a direct and proximate result of the Defendants acts.

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71.

Furthermore, as a proximate result of Defendants acts aforesaid, members of the

Class whom filed complaints with PERB or ICRC and subsequently had their discharges reversed are entitled to the relief set forth in the prayer below. PRAYER FOR RELIEF WHEREFORE Plaintiffs, individually and on behalf of the members of the Class, pray for judgment and relief against Defendants as follows: a. That an Order of this Court be entered certifying this action to proceed as a Class Action with Plaintiffs as proper class representatives; b. That Defendants conduct complained of herein be declared in violation of Plaintiffs rights, and the rights of the Class, as secured by Iowa Constitution Article 1, Section 9, Iowa Code Sections 730.1 and 730.2, and the common law of the State of Iowa; c. That the State of Iowas officers, employees, agents, attorneys, successors and assigns, and those acting in concert therewith be instructed to immediately eliminate the existing blacklists and not establish others and further, to develop procedures for preventing re-employment of discharged state employees who have been discharged for serious reasons which would prevent them from safely being re-employed, to notify such persons of their ineligibility and the reason for it, and to establish an appeal process and such other processes as may be necessary; d. That the State of Iowas officers, employees, agents, attorneys, successors and assigns, and those acting in concert therewith be enjoined from any conduct violating Plaintiffs rights or the rights of the Class as secured by Iowa

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Constitution Article 1, Section 9, Iowa Code Sections 730.1 and 730.2, and the common law of the State of Iowa and order such other injunctive relief as will prevent Defendants from continuing their unlawful practices and protect others similarly situated; e. That Plaintiffs and members of the Class be awarded compensatory damages and any other form of relief to which they are entitled to, including equitable, declaratory, monetary or other relief due individual class members or to the Class in a lump sum or installments pursuant to Iowa Rule of Civil Procedure 1.274; f. g. That Plaintiffs be awarded treble damages pursuant to Iowa Code Section 730.2; That Plaintiffs and members of the Class be made whole by providing appropriate lost earnings and benefits with pre-judgment interest and other affirmative relief; h. That Plaintiffs and members of the Class be awarded reasonable attorneys fees and costs incurred in pursuing this action; and i. That Plaintiffs and members of the Class be awarded such additional and further relief as is just and proper.

/s Roxanne Conlin______________________ ROXANNE BARTON CONLIN ROXANNE CONLIN & ASSOCIATES, P.C. 319 Seventh Street, Suite 600 Des Moines, IA 50309 Phone: (515) 283-1111; Fax: (515) 282-0477 Email: roxlaw@aol.com, cc: ldg@roxanneconlinlaw.com

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/s Tom Duff______________________ TOM DUFF DUFF LAW FIRM, P.L.C. 319 Seventh Street, Suite 600 Des Moines, IA 50309 Phone: (515) 283-1111; Fax: (515) 282-0477 Email: tom@tdufflaw.com cc: wendy@tdufflaw.com ATTORNEYS FOR PLAINTIFF Original efiled. Copies to:

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