Senate refuses to confirm two Branstad appointees

DES MOINES - The Iowa Senate rejected two of Gov. Terry Branstad's nominees today, refusing to confirm Isaiah McGee as director of the state Department of Human Rights or William Gustoff as a member of the state Judicial Nominating Commission.

Gubernatorial nominees need 34 affirmative votes to meet the two-thirds majority standard for confirmation. The vote on McGee's appointment was 30-20, while Gustoff fell short by a 27-23 margin.

In rejecting McGee on a 30-20 vote, senators pointed to a contention by Iowa human rights leaders - including members of commissions that make up Iowa's Department of Human Rights – over allegations of a “gag order” that compromised the work they do.

Sen. Pam Jochum, D-Dubuque, said the gag order discussion did not sit well in a legislative year that's heavily focused on government openness and transparency. She said McGee sent an email to legislators today indicating there would be no retaliation for talking to the Legislature after failing to respond to legislative requests for information.

“Anyone who casts a no vote today has not done so lightly,” Jochum said.

Several GOP senators spoke on McGee's behalf.

Sen. Randy Feenstra, R-Hull, called McGee a “great candidate” and an “outstanding gentleman – a man who truly fits this commission” in backing his nomination.

Sen. Brad Zaun, R-Urbandale, called McGee a qualified candidate who made mistakes and has corrected those mistakes.

“What I've gathered here is that this is about politics rather than the person,” Zaun said.

Senate GOP Leader Paul McKinley of Chariton switched his vote and filed a motion to reconsider, saying he hoped the Democrats who voted down McGee would reconsider.

In refusing to confirm Gustoff, Sen. Rob Hogg, D-Cedar Rapids, said the attorney has a conflict on interest because he was involved with a group of out-of-state clients who brought a lawsuit against the State Judicial Nominating Commission.

The commission, which was created by voters in 1962 in an amendment to the state constitution, includes seven members elected by the Iowa State Bar Association, seven members chosen by the governor, and the high court's senior justice, who acts as the commission's chairman. Hogg said it also was a problem that Gustoff, an attorney, was appointed by Branstad to be one of the seven citizen members.

“It's not personal, it's not political, it's about the conflict” in sitting on a commission that Gustoff previously sued, Hogg argued.

Sen. Jack Whitver, R-Ankeny, said the issues raised by opponents should not disqualify Gustoff from consideration for the commission.

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