Senate votes to toughen enforcement of government openness

DES MOINES – State lawmakers are taking another run at establishing an Iowa public information board that would deal with complaints, compliance and enforcement of Iowa's open meetings and open records laws.

Senators voted 35-13 Wednesday to approve a revamped version of House File 777 that would establish the transition to a five-member oversight board slated to be in place by July 2011. Board members would be appointed by the governor and subject to Senate confirmation.

“Today we have an opportunity to score a touchdown for accountable government,” said Sen. Pam Jochum, D-Dubuque, floor manager of a bill that directs Gov. Chet Culver to appoint a transition board by September to set goals and measures for the new oversight structure for state and local governmental entities. The transition group would report its findings back to the Legislature by Jan. 15.

Included would be the job description of an executive director for the new board and the anticipated budget impact in fiscal 2012 – expected to be at least $500,000, she said. Jochum said the state Department of Management would pursue a grant to cover the cost of the board, which would be authorized to address issues such as walking quorums and public release of personnel applicants and draft government documents.

Sen. Jeff Danielson, D-Waterloo, applauded the bill – which returns to the House for consideration – as a “basic building block” of good democracy by promoting openness and accountability.

Sen. Brad Zaun, R-Urbandale, said he didn't want to “throw cold water on everything” but he was concerned the bill established a board with “unlimited authority” and required up to six more full-time employees to be hired to fix a problem that he questioned exists.

“Give me one example in the state of Iowa where the process is not working,” Zaun said. “Tell me one horror story.”

The bill returns to the House, where Senate Majority Leader Mike Gronstal, D-Council Bluffs, said he is confident the measure will be approved and sent to Culver's desk.

Wednesday's vote included a rare situation where Sen. Matt McCoy, D-Des Moines, was present in the Senate chamber but chose not to vote. The voting machine was closed because no other senator invoked rule 23 to inquire why he was not participating.

McCoy later told reporters he “torn” on the issue because of the potential impact on local officials.

Also Wednesday, senators voted 29-20 to pass their first fiscal 2011 budget bill – a $63 million measure to fund state administration and regulation activities. During debate, senators approved an amendment that sought to protect a Maid-Rite restaurant in Marshalltown from an inspection change regarding the way it processes loose-meat sandwiches but rejected another change that sought to block the sale and lease back of state buildings that critics said might include the state Capitol building.

In other action, the Senate voted 49-0 to send House 2233 to the governor. The measure would allow alcohol-related offenses to be expunged from the records of people convicted at ages 18, 19 and 20.

Under current law, people convicted at 17 or younger or after their 21st birthdays may have those convictions expunged. However, no such recourse was available for people between those ages.

Under the House bill, two years after conviction for public intoxication, possessing, purchasing, or attempting to purchase alcohol under legal age and for similar local ordinances, a person may petition the court to expunge the record of the conviction.

To have the convictions erased, however, the person must not have had other criminal convictions other than simple misdemeanor violations during the two-year period. The bill now goes to the Senate.

Also Wednesday, the Senate voted 31-18 to require employers to give notice of closings that would result of the layoff of 25 or more employees or mass layoffs of at least 25 employees in a 30-day period. Employers would be exempt from the requirements in some instances outlined in the bill.

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