Politics & Government
Gov. Branstad's Workforce Veto Declared Unconstitutional
This likely won't lead to the reopening of workforce development offices, however.
By Lynn Campbell
Iowapolitics.com
The Iowa Supreme Court on Friday said Gov. Terry Branstad's veto of money for Iowa Workforce Development field offices was unconstitutional.
"Simply stated, the legislature appropriated funds to IWD with strings attached, and our constitution does not permit the governor to cut the strings and spend the money differently," said the opinion authored by Justice Thomas Waterman, who was appointed by Branstad in February 2011.
However, it does not appear that the ruling would lead to the re-opening of the 36 offices, which helped unemployed Iowans find a job, write a resume or prepare for an interview.
That's because the Iowa Supreme Court found in favor of Branstad that the "proper remedy for an invalid veto of a condition on an appropriation is to invalidate the entire item containing the appropriation."
"We hold that, when the governor impermissibly item vetoes a condition on an appropriation during the pocket veto period, the appropriation item fails to become law," justices wrote. "This result is mandated by our constitutional requirement that enactments do not become law without the approval of both elected branches except when a legislative supermajority overrides a veto."
That means both the $8.66 million appropriation for the operation of field offices and the condition preventing the closure of the offices did not become law.
The case dates back to July, when Branstad vetoed portions of Senate File 517, a budget bill passed on the last day of the 2011 legislative session.
At issue was $8.66 million the Legislature appropriated for the Iowa Workforce Development field offices. Branstad, without vetoing that appropriation, item-vetoed the section prohibiting the closure of field offices.
A union leader on Aug. 24 joined five Democratic state lawmakers in suing Branstad over the issue.
In September, the Executive Council approved hiring Des Moines attorney Richard Sapp for $275 an hour to defend Branstad in the lawsuit.
Read the opinion here:
http://www.iowacourts.gov/Supreme_Court/Recent_Opinions/20120316/11-2022.pdf
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