DES MOINES, Iowa (AP) - A bill that would open state employee records to the public and put into law Gov. Terry Branstad’s executive order prohibiting confidential settlement agreements with disciplined or fired workers won the support of a divided Iowa House Monday.
The Republican-controlled House voted 63-35 in favor of the legislation. It now goes to the Democratic-majority Senate, where legislative leaders haven’t yet decided whether to take up the House version or draft original legislation.
The bill would forbid the use of confidentiality provisions and secret payments in settlement agreements with state employees. This corresponds to Branstad’s executive order signed March 24 that makes confidential clauses in settlement agreements unlawful. Such agreements would be made accessible to the public online.
An agency’s reasoning for termination, demotion or disciplinary action would also have to be made public under the bill. This provision would be retroactive 10 years to 2004.
The legislation comes in response to more than 320 state workers entering settlement agreements since Branstad took office in 2011. Of those, more than two dozen were asked to sign confidentiality agreements. The total paid out in the confidential agreements exceeded $500,000.
Minority Leader Mark Smith, D-Marshalltown, said the proposal is a way to cover up the situation within Branstad’s administration and divert attention from the matter at hand.
“This is the gaping hole in the legislation before us,” he said. “The House Republicans cannot sweep the situation under the rug.”
Other Democrats warned that the measure is premature. Rep. Phyllis Thede, D-Bettendorf, said a full investigation should be carried out before rushing to push through any legislation.
“We need to find out the truth,” she said. “I don’t care how painful it is - we need to know the truth.”
But Republicans argued that the legislation is the best means of increasing government transparency and shedding light on the situation.
“If you really need to know the truth, no matter how painful; if you’re willing to look at the problems; if you think open records law does work and the law we have is working … there is only one way,” Kevin Koester, R-Ankeny, said.
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