Lawsuit says Branstad veto violated constitution

Gov. Terry Branstad is accused of violating the Iowa Constitution when he vetoed parts of a bill that closed 36 unemployment offices in the state, according to a lawsuit filed by the state employees union and Democratic leaders.

Branstad vetoed parts of a measure that would have prohibited the closure of the offices, saying the legislation would have prevented Iowa Workforce Development from developing a more efficient system for helping unemployed Iowans. Both Democratic and Republican lawmakers voted to keep the offices open but their actions were reversed by Branstad?s veto.

The Des Moines Register reported that the lawsuit filed Wednesday claims a governor cannot redirect money struck through a line-item veto. It cites a successful court challenge in 2004 when Republicans sued then Democratic Gov. Tom Vilsack.

Tim Albrecht, a Branstad spokesman, called the lawsuit ?nothing more than political chest-thumping and political posturing from Danny Homan,? the president of the state employees union.

?The governor has full authority to carry out this action,? Albrecht said.

Albrecht said the governor denies his actions were unconstitutional and will aggressively fight the lawsuit.

The legislation passed by lawmakers used $3 million left over from a business incentive program to run the offices.

The lawsuit contends Branstad cannot constitutionally veto the provision to keep the offices open without also vetoing the money designated for that purpose.

?We believe what Terry Branstad did violate the constitution,? said Homan, president of Council 61 of the American Federation of State, County and Municipal Employees. ?He violated his authority under line-item veto and as such we are suing him.? 

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 is installing hundreds of kiosk-like computer stations in places like libraries and homeless shelters where Iowans can access online training, assistance in preparing for interviews and other job application services. 

Critics claim what essentially is a self-help computer program is far from the personal assistance previously provided to thousands of unemployed Iowans, but advocates say the move will be more beneficial, save millions of dollars and enhance job searches through computer software. 

The lawsuit asks the court to expedite a ruling, saying quick action is in the public?s best interest. 

?In my humble opinion, I?m sorry it came to this,? said Rep. Dave Jacoby, D-Coralville, one of the plaintiffs. ?I wish the governor?s office would work with legislators ? both Democrats and Republicans.?