01/11/08

Panel seeks agency to enforce Iowa's open records law

By MIKE GLOVER
Associated Press Writer

DES MOINES, Iowa (AP) -- A special legislative panel called Thursday for creating an enforcement agency to put new teeth in the state's open records laws, the first stop in what will likely be a long discussion about ensuring public access to government documents and meetings.

"There are powerful interests inside and outside of government that have concerns about this," said Sen. Michael Connolly, D-Dubuque, one of the heads of the panel that made the recommendation. "It's going to be hard."

The panel proposed the creation of an agency modeled after the Ethics and Campaign Disclosure Board, which would be aimed at enforcing sunshine laws throughout state government. Connolly said lawmakers shied away from issues like putting criminal penalties on violations of the law, focusing instead on tougher enforcement.

"The cornerstone element of it is the enforcement provision," said Connolly.

The issue has gained attention for a couple of years, fueled by a series of controversies. One is a still-evolving dispute over millions of dollars in excessive salaries and bonuses paid to executives of a central Iowa job training agency. The payment remained secret until a state audit blew the whistle. Two people have pleaded guilty to charges related to the matter, and trials are set for four others involved.

In addition, there was disagreement about the state Board of Regents' selection process for a new president at the University of Iowa. Critics argued the regents skirted the open meetings law to conduct a search largely in secret.

"We're going to address some of the basic concerns that arose" said Connolly. "There's a real desire to have some sunshine on state government."

Connolly conceded that there will be a tough fight ahead. A veteran of more than two decades in the Legislature, Connolly has announced that he's leaving at the end of this year's session, and he said tightening the laws governing openness in government will be one of his legacies.

The new enforcement agency would be controlled by the state's executive branch, ultimately reporting to the governor, though it would likely be insulated by an independent board, Connolly said. Details of the structure would be hammered out after lawmakers convene next week, he said.

Part of the difficulty with crafting the effort are turf concerns from various agencies, leery of having outsiders tamper with the way they do business, Connolly said. In addition, many important interest groups have carefully developed relationships with state agencies and aren't interested in having those ties changed, he said.