Judge: veto that closed workforce offices was unconstitutional

A Polk County judge ruled Thursday that Gov. Terry Branstad?s line-item veto of a bill that closed 36 unemployment offices in the state was unconstitutional.

Branstad in July vetoed portions of a bill that would have prohibited the closure of the offices. He argued it would have prevented Iowa Workforce Development from developing a more efficient system for helping the unemployed.

The American Federation of State, County and Municipal Employees and six House and Senate Democrats filed a lawsuit in August, contending a governor can?t redirect money struck through a line-item veto.

The Des Moines Register reported that Judge Brad McCall ruled that Branstad?s veto can?t be valid unless he also vetoes the allocation.

?The governor has the authority to line-item veto legislation, but he can?t then keep the money,? Sen. Daryl Beall, a plaintiff in the lawsuit, said in a statement. ?This is a political and policy issue that affects the lives of Iowans, but it?s also a constitutional issue.?

Tim Albrecht, a spokesman for Branstad, said the governor disagreed with the ruling and was considering how to respond. Albrecht noted that questions about line-item vetoes typically are decided by the Iowa Supreme Court.

?This is a first step,? Albrecht said.

Albrecht said the unemployment offices would remain closed.

The dispute stems from legislation passed by lawmakers in the 2011 Legislature that used $3 million left over from a business incentive program to run the unemployment offices.

Branstad vetoed language that defined what an unemployment field office is, which included staff and a physical location. He also vetoed language that said Iowa Workforce Development could not reduce the number of field offices below the number the state had on Jan. 1, 2009.

Instead of the offices, the state has installed nearly 400 kiosk-like computer stations in places like libraries where Iowans can access online training, assistance in preparing for interviews and other job application services. Workforce Development director Teresa Wahlert has said more people used the services in September and October than during the same period last year, and that the agency planned to offer up to 500 access points by the end of the year.

Beall, of Fort Dodge, and Waterloo Sen. Bill Dotzler, also a plaintiff in the lawsuit, said they wanted to work with Branstad to reopen the offices.

?This is a huge victory for Iowans hoping to find a job,? Dotzler said.