April 14, 2000

Michael Marshall
Secretary of the Senate
State Capitol Building
L O C A L

Dear Mr. Marshall:

I hereby transmit Senate File 2274, an Act declaring Executive Order number 7 and Executive Order number 11, enacted by this office on September 14, 1999, null and void.

I am unable to approve Senate File 2274 and hereby transmit it to you in accordance with Article III, Section 16, of the Constitution of the State of Iowa.

I am profoundly disappointed that the legislature has chosen to invest valuable state resources to draft, debate, and pass this bill. I have made it very clear from the outset that Executive Order number 7 and Executive Order number 11 constitute good state policy and are constitutionally sound.

Both orders constitute the appropriate exercise of gubernatorial authority under Iowa law. Executive Order number 7 does not depart from the policy expressly stated in the Iowa Code, which states that "[i]t is the policy of this state to provide equal opportunity in state employment to all persons."

It is unnecessary to submit the provisions set out in Executive Order number 7 to the general assembly for legislative approval. Any attempt by the legislature to portray this order as clandestine legislation fails to recognize that the executive branch may adopt policies that administer state statutes when such administration does not contravene those statutes. It also ignores the fact that the Iowa Senate followed a similar legal interpretation when it redrafted the Legislative Council's Affirmative Action Policy to provide protection to persons, regardless of sexual orientation, without presenting the new policy to the governor for approval through the ordinary course of the legislative process.

Executive Order number 11 also constitutes a valid exercise of gubernatorial authority. Iowa law permits state agencies to waive their enforcement of agency rules in compliance with state and federal law. A number of state agencies currently issue waivers under certain circumstances. As the supreme executive magistrate for the state, the holder of this office possesses the legal authority to direct executive branch agencies to adopt a common waiver provision. By signing Senate File 2274 into law, I would disrupt the balance between our two branches of government by relinquishing authority vested within the executive branch.

The executive orders send a clear message that all persons within the executive branch of state government will be afforded an equal opportunity in employment. They also ensure that individuals and businesses will benefit from an efficient, economical, and responsive state government.

For the above reasons, I hereby respectfully disapprove of Senate File 2274.

Sincerely,

Thomas J. Vilsack
Governor

TJV:jmc

cc: Secretary of State
   Chief Clerk of the House

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