# Local Government



The pros and cons of Iowa traffic cameras: links and discussion thread

Transportation policy doesn’t often generate passionate public debate, but everyone seems to have a strong opinion about traffic cameras. Last week the non-profit news service Iowa Watch published an excellent piece on how traffic cameras are used in Iowa and the conflicting evidence about whether they improve public safety. Kelsey Block’s article inspired me to compile arguments for and against this law enforcement tool.

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Sioux City suing state to block traffic camera rules

As Bleeding Heartland has discussed before, I’ve long felt that Governor Terry Branstad’s disregard for local government authority is one of the most under-reported Iowa political stories of the last few years. The Iowa Department of Transportation’s new rules restricting cities’ use of traffic cameras is one of many examples. Bills seeking to ban local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions. The Iowa DOT’s new rules went into effect last month; they do not prohibit all use of traffic cameras but require annual reviews to show the cameras are improving safety and not just serving as a revenue source for local government.

Sioux City is one of many Iowa municipalities that have installed traffic cameras on some major roads and intersections. The Iowa DOT gave Sioux City officials “until May 1 to justify the use of two speed cameras and seven of its 11 red-light cameras.” Now the city government has filed a lawsuit claiming the state department exceeded its authority.

Assistant City attorney, Justin Vondrak, filed the judicial review action in Woodbury County District Court and says the DOT regulations make it almost impossible for the city to use speed cameras along Interstate 29 within the city limits. “What we’re asking for is a review of the rules and to eventually have the rules determined to be unconstitutional based on the city’s home rule authority, as well as other Iowa code sections which grant the city joint jurisdiction with the DOT for traffic enforcement upon the primary roadways within the city’s jurisdiction,” according to Vondrak.

More details on the lawsuit are after the jump.

Whatever the District Court rules, I expect the losing side to appeal and would not be surprised to see the Iowa Supreme Court eventually decide this matter. The case raises interesting questions about local and state government powers. On a related note, I still think some municipality should have challenged Governor Branstad’s executive order on project labor agreements in court.

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Iowa cities will face new hurdles on traffic cameras

The Iowa Transportation Commission unanimously approved new rules yesterday regarding local use of cameras to enforce traffic laws on speeding and running red lights. You can read the rules proposed by the Iowa Department of Transportation here (pdf). A brief summary is after the jump.

Assuming the Iowa legislature’s Administrative Rules Review Committee allows the regulations to take effect, city or county governments will have to do more to gain approval from the Iowa DOT for installing or maintaining traffic cameras on roads. Iowa DOT Director Paul Trombino assured commissioners that the department will not ban traffic cameras, but officials will need to see evidence that cameras are being used for safety reasons and not primarily as a way to collect revenue. Dar Danielson and Mike Wiser both covered the transportation commission hearing.

The Iowa DOT pursued new rulemaking on this issue after bills that would have banned local governments from using traffic cameras for law enforcement stalled during the 2012 and 2013 legislative sessions.

Reasonable minds can differ on whether cameras are justified to enforce speeding laws. Regardless of your personal feelings, it’s striking as another example of Governor Terry Branstad’s administration and Republican lawmakers moving away from “local control” and embracing more state constraints on city and county government actions. Some local law enforcement agencies are not happy about the new rules on cameras.

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Will Branstad fix the mess his mental health funding veto created?

Iowa’s constitution allows the governor to line-item veto provisions in appropriations bills, and Governor Terry Branstad has used that power to overrule legislative decisions on many spending proposals, large and small. Among this year’s line-item vetoes, perhaps the most controversial was Branstad’s surprising decision to ax $13 million for mental health services. That line item was intended to cushion the blow for counties as Iowa reorganizes its mental health care delivery system. (In the past, available care depended greatly on a patient’s county of residence.) Despite broad bipartisan support for this appropriation and a large state budget surplus, Branstad decided that counties didn’t need extra help with mental health services.

This week four Democratic state senators and one Republican asked Branstad to help fix the mess he created, which has already led to some service cuts.

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Iowa counties would save millions from Medicaid expansion

Cutting property taxes has long been a policy goal for Governor Terry Branstad, so why is he rejecting a path to save Iowa counties tens of millions of dollars a year on mental health services? As Tony Leys reported yesterday for the Des Moines Register, the Iowa Department of Human Services has estimated that expanding Medicaid as foreseen under the 2010 federal health care reform law would save counties between $27 million and $60 million each year.

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Second look at Dave Funk's county supervisor campaign

Dave Funk officially announced his candidacy for Polk County supervisor this week and rolled out a new campaign website, PolkNeedsFunk.com. Not quite the same ring as “Congress Needs Funk,” but still a good slogan. He’s a strong recruit, having carried several precincts in the third supervisor’s district in last month’s GOP primary to represent Iowa’s third Congressional district. (Click here for maps of the district and the Congressional primary results in Polk County.)

Funk promised supporters that this is a “winnable” race, which could give Republicans control of Polk County government for the first time in 62 years. As an energetic campaigner with a built-in supply of volunteers from the local tea party movement, Funk will test two-term incumbent Tom Hockensmith. He starts the campaign with much higher name recognition than Wes Enos, whom Hockensmith defeated in 2006 by a margin of 60 percent to 40 percent.

However, Funk faces an uphill battle. Even after recent Republican gains in voter registration statewide, Democrats still have a large registration advantage in Polk County’s third supervisor’s district. Polk County Auditor Jamie Fitzgerald provided the latest figures for active registered voters in the area Hockensmith represents: 22,301 Democrats, 15,753 Republicans, 15,569 no-party voters, and 52 others. Polk County Democrats have a strong GOTV operation, and organized labor will work hard for Hockensmith for reasons I described here.

Funk’s tea party rhetoric may not resonate in this campaign as well as it did with Republican primary voters last month. The issues page of Polk Needs Funk talks about limiting spending so that county government can “live within its means,” but people want their supervisors to deliver public services like the ones Hockensmith will talk about during the campaign.

Anyway, Polk County’s fiscal position is strong. Many residents questioned the money spent to expand the Iowa Events Center earlier this decade, but that facility just turned its largest-ever profit despite the tough economy. You can download recent county budgets and reports from bond rating agencies here. The last time Polk County issued general obligation bonds in 2007, all three major ratings agencies gave the county strong credit ratings. Fitch said its AA+ rating “reflects the county’s broad and diverse economic base, sound financial operations, and low direct debt burden.” Moody’s said Polk’s “high quality Aa1 rating reflects the county’s healthy and economically viable tax base realizing strong growth trends; stable financial operations supported by satisfactory reserve levels; and a manageable debt burden with future debt planned.” Standard & Poor’s raised Polk’s rating from AA+ to AAA, citing factors such as “low debt burden” and “stable financial position supported by a policy to pass balanced budgets.”

Funk will struggle to convince voters that “Polk County is among the most hostile business environments in Iowa.” Talk about “getting government out of the way and fostering a fair, business-friendly environment” appeals to Funk’s base but has little basis in reality. The business magazine Forbes just named the Des Moines metro area one of the top ten “recovery capitals” in the U.S., based on Moody’s Economy.com analysis of economic prospects for the period 2010-14. The Brookings Institute ranked the Des Moines area near the top in its June 2010 report on recession and economic recovery in the country’s 100 largest metro areas. In April, Des Moines topped the Forbes list of “best places for business and careers.” Many factors contribute to the Des Moines area’s relative economic health, and most of them have little to do with county governance. But if Polk County supervisors really were creating the “hostile” business environment of Funk’s imagination, Des Moines shouldn’t be doing so well compared to other U.S. cities.

Share any thoughts about county government or the Funk/Hockensmith race in this thread.

Group submits action plan to Cedar Rapids City Council

The members of the Rebuild And Grow Board of Directors submitted a public petition to the Cedar Rapids City Council this week requesting an intensive one-year plan for dealing with flood recovery and reconstruction in the city.

Rebuild And Grow is an affiliate of Beacon of Hope/New Orleans, and its leaders consulted with disaster recovery groups in New Orleans in forming the recommendations.

The full text of Rebuild And Grow’s petition to the Cedar Rapids City Council is after the jump. The council is expected to respond in writing within a week.

If you would like to send comments or support for this citizen petition to the mayor and council members, click here.

Rebuild and Grow has also written “a ten page report on what we learned during our intensive training and internship with Neighborhood Self-Help Disaster Recovery Groups in New Orleans.” To request a copy of that report, send an e-mail to floodsurvivor AT aol.com.

                                                   

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Coleman should have disclosed business dealing with Boesen

I haven’t posted about the recent suicide of Des Moines businessman Ed Boesen. I feel sorry for his family, who are dealing with a sudden bereavement as well as the fallout from his business dealings. His estate is being sued by several lenders.

Last year I didn’t write about the controversy over developing Rice field in Des Moines either. The green space where Rice Elementary used to stand is used as a playing field by local residents, many of whom wanted to keep it that way. I understand their position, but I also know that the Beaverdale neighborhood already has quite a few city parks. Since I support compact economic development and “infill” (new building in established neighborhoods), I thought a proposal for a mixed-use residential and commercial development on Rice field was reasonable.

That said, I was troubled by the way the Des Moines School Board agreed to sell the land to Boesen’s group, which didn’t submit the highest bid. School Board member Connie Boesen is Ed Boesen’s sister-in-law.

Why am I rehashing this now? It turns out that Des Moines City Councilman Chris Coleman did not disclose a prior business relationship with Boesen at the time the council approved a tax-increment financing district for parts of Beaverdale.

According to the Des Moines Register,

Coleman said he had no financial stake in Rice Development Partners, Boesen’s company that planned an $11.6 million project in Beaverdale and stood to benefit from a council decision to approve the area as part of an urban renewal district, making it eligible for tax breaks.

Coleman, who is head of the Better Business Bureau, also said he didn’t know until Thursday that his name was consistently misspelled on documents filed with the Iowa secretary of state.

A handwritten document signed by Boesen in February 2000 lists two officers: himself and “Chris Cobeman, 3600 48th Place, DM, IA 50310.” Other typed documents also spell Coleman’s name as “Cobeman.” Over the years, Cobo Investments filed new records with the state updating addresses, but the misspelling of Coleman’s name was never changed.

[…]

Coleman said Thursday that he was involved in no other deals with Boesen.

Coleman goes on to say he never tried to hide the fact that he had owned property with Boesen at one time. However, all but one of his fellow City Council members told the Register they had no idea of that relationship.

The intentional misspelling of Coleman’s name on several official documents is a huge red flag to me. It suggests that whoever filed the papers was trying to make it more difficult to identify the participation of Coleman, who was elected to the City Council in 1998, in this partnership.

The Register reports:

Public officials are not required by law to make such a disclosure unless there’s a direct financial gain, said Alan Kemp, executive director of the Iowa League of Cities. But most elected officials try to identify anything that resembles a conflict of interests, he said.

Bergman, the city attorney, said he did not recall Coleman mentioning his business relationship with Boesen when the Rice Field issues were before the council, but Bergman said he previously knew of the duplex ownership.

“I would have told him if he asked me at the time that I would not have considered it a conflict of interests to vote on at the time,” Bergman said Thursday. “There’s no law, rule, regulation of any kind that I can think of that would require that to be disclosed.”

Even if the law did not require disclosure in this case, Coleman showed poor judgment in my opinion by not revealing a prior business partnership with a finalist for the Beaverdale development project.

Elected officials should go out of their way to avoid even the appearance of a conflict of interest. That Coleman is the head of the Better Business Bureau makes it worse.

I agree with Drake University Professor Rachel Caulfield, who told the Register that the misspelling of Coleman’s name on documents is “certainly worthy of a deeper investigation.”

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