How stakeholders should have their say

The Gazette Editorial Board

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On Monday, Gov. Terry Branstad signed an executive order intended to inject more public input into the process of crafting the bureaucratic rules and regulations that carry out state and federal laws.

Under Executive Order 80, state agencies would appoint “stakeholder rule-making groups” that could weigh in on proposed regulations before they reach the final stages of the approval process. The groups, according to the order, would be made up of Iowans who would be most affected by the rules. The objective is to head off any potential problems that would turn a well-meaning regulation into a burdensome roadblock for small business owners and others.

We're cautiously optimistic about the governor's action. We are generally in favor of creating avenues for Iowans to have more impact on government decisions that affect their lives. And we welcome more sunshine into the dark recesses of bureaucracy's rule-making factory.

But our caution is rooted in the unknown.

Discretion for picking stakeholders is solely in the hands of agency directors, and we don't yet know how they'll use that discretion. Stakeholder groups could become valuable sounding boards representing all of those affected, or they could become platforms for the administration's political allies. We're hoping for value over politics.

There's also a question of which rules will get such vetting, a decision, again, in the hands of agency leaders. Rules filed on an emergency basis, which make up about 15 to 20 percent of all administrative rules, won't go to stakeholder groups. And a number of rules tightly prescribed by state and federal law will leave no room for input.

It would seem that stakeholders would be best used to vet rules tied to high-profile issues, where the Legislature or Congress has left some room for modification and interpretation. We'd also hope that stakeholders would be consulted not just when new rules are proposed, but when current rules are rescinded. At this point, we have yet to see how agencies will deploy these groups.

In all cases, it's the elected Legislature and governor, not unelected stakeholders, who should have the last word on how the laws they approve must be administered. And these groups should not be used to delay the implementation of a law disliked by an agency's leadership.

Branstad's move could be a welcome change, if stakeholder groups are broadly constructed and used responsibly as a source of input and not a pretext for more partisan conflict. We take the governor at his word that his real goal is to give a voice to Iowans who don't employ pricey lobbyists to prowl the Statehouse. We agree that they should have a bigger role in the governmental conversation, so long as that conversation isn't one-sided.

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