Iowa
Opinion: State law still provides many tools for Iowa auditor
The new law, viewed in conjunction with the IAPA, provides Sand with the powers he needs to investigate actual scandals and mismanagement.
I read with interest State Auditor Rob Sand’s June 8 guest essay, “New pro-corruption law stacks the deck for insiders against Iowans.” While I agree with him that the people of the state have a strong interest in making sure that corruption and waste in government is uncovered, the law is a lot less dangerous to the cause of good government than he fears.
The new law sets up a “troika,” consisting of the auditor, the governor, and the agency head concerned, with the authority to make a final determination on whether Sand will be able to access information which a state agency either is not allowed to, or does not wish to, disclose.
At first glance, a reading of the new law supports Sand’s position. He will not be able to investigate many matters in an agency over the objection of the governor and her agency head (who in most cases, of course, is dependent on her for continuance in office.) And the law clearly states that if the troika rules against Sand, he cannot go to court to get access to possibly relevant information.
However, the law cannot be properly interpreted without reference to the Iowa Administrative Procedure Act, or IAPA, which provides him with an abundance of legal tools against stonewalling by or on behalf of rogue state agencies.
The IAPA was adopted by the Legislature in the early 1970s in an attempt to regularize and make fair administrative actions where Iowans might be affected. It sets up a system of checks and balances that will allow Sand to break through any unjustified stonewalling by an agency under audit. The IAPA provides a toolbox of quasi-judicial procedural rights and evidentiary rules for parties in contested cases before a state commissions, which presumably will include cases before the troika established under the new law.
Now, one might suspect that since the new law was adopted recently, it overrides the IAPA to give the troika the final say, with no recourse to the courts. Usually, in a conflict between statutes, the most recently enacted prevails. However, the Legislature, in writing the IAPA, added general override clauses which provide that if a subsequent Legislature is to cut back on IAPA protections, the new law has to cite the IAPA by name, for example, in such words as “The provisions of the Iowa Administrative Procedure Act notwithstanding, the decision of (the troika) cannot be appealed to the court.” Otherwise, the IAPA prevails over the newly adopted statute. Since my own legislative service ended over 40 years ago and I am not privy to the intentions of the bill’s supporters, I can only speculate why they did not put in an override clause. But they did not do so, and I strongly support that decision. Since the bill has no override clause in it, the protections of the IAPA would be available both to the auditor and to the agency involved in his search for audit information.
Furthermore, the IAPA may have an impact on the composition of a troika set up to deal with a particular issue. The IAPA has strict rules against hearing panel members serving as prosecutor, judge, jury and executioner. Since the agency head, Sand, and possibly even the governor, may have been heavily involved in the case where Sand is denied access to disputed information, the IAPA does not allow them in such a case to serve as a member of the troika, and presumably they would often have to recuse themselves and have disinterested persons take their places on a troika convened for a given case.
Finally, the IAPA allows all final decisions by state agencies, presumably including troika decisions, to be reviewed by the court by the process of judicial review. Thus, the ban on Sand suing the agency or the governor over an adverse troika ruling in practicality merely means that he would have to follow the IAPA’s procedure for judicial review and not some other judicial procedure. The powers of the court under IAPA judicial review are strong enough to provide any relief that the situation might call for.
Given today’s toxic political climate, whenever you have, as in Iowa, a situation where there is overwhelming power in one party, but there is one elected “lone wolf” of the minority party with the power to inquire into the doings of the majority, there can be temptation on the majority side to use the levers of government to cover up embarrassing situations, and a similar temptation on the side of the “lone wolf” to use the powers of his office, for example, to harass a political opponent with an unjustified audit. The new law, viewed in conjunction with the IAPA, provides Sand with the powers he needs to investigate actual scandals and mismanagement, while preventing harassment of government officials for purely political purposes.
Walter Conlon is a retired former attorney who served three terms in the Iowa House. He lives in Muscatine.
Des Moines Register’s Top 10 Iowa high school football players in 2024
Here’s a look at The Register’s Top 10 Iowa high school football players in 2024.
(This story was updated to add new information)
It’s Week 7 of the Iowa high school football season. Check out our list of IHSAA scores from Friday night’s action.
Stream Iowa HS football on the NFHS Network
Scores are listed in alphabetical order by winning team
IHSAA scores from Week 7 of Iowa high school football season
Friday’s games:
- Ankeny Centennial 45, Des Moines Roosevelt 3
- Bedford 77, Lamoni 0
- Benton 38, Grinnell 7
- Bettendorf 48, Davenport Central 0
- Cedar Falls 38, Dubuque Senior 0
- Cedar Rapids Kennedy 45, Dubuque Hempstead 14
- Cedar Rapids Prairie 56, Cedar Rapids Jefferson 7
- Cedar Rapids Xavier 35, Oskaloosa 0
- Central City 64, Lone Tree 8
- Central Lyon/George-Little Rock 23, Western Christian 7
- Clarinda 47, Chariton 7
- Columbus 48, Van Buren County 7
- Creston 70, Knoxville 0
- Crestwood 28, New Hampton 27
- Davenport Assumption 34, Washington 6
- Decorah 57, Marion 14
- Dike-New Hartford 42, Aplington-Parkersburg 0
- Don Bosco 62, Turkey Valley 0
- Dowling Catholic 49, Urbandale 28
- Dyersville Beckman 28, Iowa City Regina 15
- East Mills 50, Exira-EHK 44
- East Union 64, Murray 36
- Easton Valley 61, Midland 21
- Edgewood-Colesburg 84, Calamus-Wheatland 31
- Emmetsburg 64, Eagle Grove 0
- Fremont-Mills 40, CAM 28
- Fort Dodge 55, Storm Lake 26
- Fort Dodge St. Edmond 43, Colo-Nesco 6
- Glenwood 20, Dallas Center-Grimes 17
- Glidden-Ralston 48, Coon Rapids-Bayard 6
- GMG 52, Meskwaki Settlement 0
- Greene County 10, Southeast Valley 7
- Harlan 24, Nevada 21
- Highland 41, Louisa-Muscatine 6
- Hinton 19, OABCIG 13
- Humboldt 21, Algona 20
- IKM-Manning 13, Southwest Valley 6
- Iowa City Liberty 28, Ankeny 20
- Jesup 35, Iowa Falls-Alden 6
- Johnston 56, Council Bluffs Lincoln 7
- Lenox 55, Southeast Warren 8
- Lewis Central 28, Winterset 24
- Linn-Mar 55, Davenport West 6
- Logan-Magnolia 14, Council Bluffs St. Albert 10
- Maquoketa Valley 35, North Linn 16
- Marshalltown 26, Ames 21
- Mediapolis 49, Davis County 20
- MMCRU 41, Westwood 18
- MOC-Floyd Valley 35, Sioux Center 14
- Mount Vernon 56, Fort Madison 7
- North Butler 22, Nashua-Plainfield 0
- North Fayette Valley won by forfeit over Oelwein
- North Iowa 46, Harris-Lake Park 40
- North Polk 22, Indianola 21
- Okoboji 49, Clarion-Goldfield-Dows 21
- Osage 42, Waukon 6
- Pekin 57, Wapello 0
- Pleasant Valley 42, Muscatine 7
- Remsen St. Mary’s 46, Woodbine 30
- Riceville 57, Waterloo Christian 0
- Ridge View 22, West Sioux 7
- Riverside 41, Earlham 6
- Roland-Story 28, Des Moines Christian 21
- Saint Ansgar 53, West Fork 0
- Sergeant Bluff-Luton 21, Carroll 0
- Sibley-Ocheyedan 48, HMS 14
- Sidney 62, Stanton-Essex 20
- Sigourney-Keota 62, Colfax-Mingo 26
- South Central Calhoun 41, Panorama 12
- South Hardin 34, Hudson 21
- Southeast Polk 31, Waukee 28
- Spencer 41, Sioux City West 0
- Spirit Lake 49, Garner-Hayfield-Ventura 6
- Sumner-Fredericksburg 54, Central Springs 12
- Treynor 36, Shenandoah 6
- Tri-Center 34, Woodbury Central 8
- Underwood 41, Missouri Valley 6
- Van Meter 54, Centerville 0
- Wapsie Valley 46, BCLUW 0
- Wayne 30, Central Decatur 6
- Webster City 42, Charles City 21
- West Hancock 60, Lake Mills 6
- West Lyon 50, Sheldon 0
- Wilton 39, West Branch 20
- Winfield-Mt. Union 68, Mormon Trail 8
Thursday’s games:
- Le Mars 44, Fort Dodge 37
- Pella 42, D.M. Hoover 10
- S.C North 37, D.M. East 0
The Iowa Hawkeyes are coming off of a 35-7 thumping at the hands of the Ohio State Buckeyes, and while a loss to Ohio State was expected, it was how Iowa lost that has Hawkeyes fans livid.
Iowa’s offense was absolutely lifeless, Cade McNamara looked lost and head coach Kirk Ferentz did not seem to have any answers.
Not only that, but Ferentz doubled down on McNamara remaining the starter after the game, saying that the quarterback actually showed improvement.
That’s why Ferentz’s reputation may actually be on the line when the Hawkeyes face the Washington Huskies this Saturday.
Iowa is just 3-2 on the season, as it also lost to the Iowa State Cyclones back in Week 2. A loss to Washington would drop the Hawkeyes to .500, and it would add more fuel to the “fire Ferentz” discussion that has been smoldering.
The Huskies are a new addition to the Big Ten and just beat the Michigan Wolverines, and while Michigan has not been as good as expected, Washington is no joke.
However, make no mistake: Iowa needs to beat these guys.
Here is the thing: barring a catastrophic remainder of the 2024 campaign at Iowa City, the Hawkeyes aren’t canning Ferentz. The man is under contract through 2029 on a hefty salary. It isn’t happening.
But Ferentz’s reputation is a different story.
The 69-year-old has been at the helm for Iowa since 1999 and is highly respected by the fans, but patience is running thin.
Last year, the Hawkeyes played three ranked opponents and lost by a total score of 92-0. They also just got destroyed by Ohio State. The Iowa fan base is tired with being second-best, and at this point, that is all Ferentz has offered them.
Sure, Iowa does not have the cachet or prestige of schools like Ohio State, Michigan or Alabama. It typically won’t land the very best recruits as a result. But the Hawkeyes’ inability to even put together respectable offenses over the years does reflect poorly on Ferentz, who is the longest-tenured coach in the country.
And Iowa fans are sick of it.
The Hawkeyes absolutely need to beat the Huskies this Saturday. Iowa should be better than Washington, and at some point, the Hawkeyes are going to have to display that they can consistently beat good teams.
Is all of the Ferentz criticism deserved? No, but that doesn’t necessarily mean that all of it is completely unfounded.
Ferentz can provide some nice pushback to all of the naysayers with a Week 7 win over Washington. Or, he can give fans more reason to complain with a loss.
The Gazette offers audio versions of articles using Instaread. Some words may be mispronounced.
Here’s who all 71 Iowa high school football teams ranked in this week’s Gazette poll face in Week 7 games Friday night.
Class 3A gets the spotlight this week as its top two teams face top-seven opponents. No. 1 Algona visits No. 7 Humboldt, while second-ranked Williamsburg hosts a Solon team eager to bounce back from last week’s loss to Benton Community that dropped it from the top spot.
There is intrigue in the 8-Player top five as well, where three of the top five teams face fellow unbeaten foes. That includes No. 1 Remsen St. Mary’s taking on No. 10 Woodbine and No. 2 Algona Garrigan hosting Ruthven GTRA.
Class 5A
No. 1 West Des Moines Valley (5-1) vs. Waterloo West (5-1)
No. 2 West Des Moines Dowling (5-1) at Urbandale (3-3)
No. 3 Bettendorf (6-0) at Davenport Central (2-4)
No. 4 Pleasant Valley (5-1) vs. Muscatine (2-4)
No. 5 Ankeny Centennial (4-2) vs. Des Moines Roosevelt (1-5)
No. 6 Linn-Mar (5-1) vs. Davenport West (0-6)
No. 7 Johnston (4-2) vs. Council Bluffs Lincoln (4-2)
No. 8 Iowa City Liberty (5-1) vs. Ankeny (3-3)
No. 9 Waukee (4-2) at Southeast Polk (3-3)
No. 10 Sioux City East (4-2) vs. Des Moines Lincoln (1-5)
Class 4A
No. 1 Lewis Central (6-0) at Winterset (4-2)
No. 2 Pella (6-0) at Des Moines Hoover (0-6), Thursday
No. 3 North Polk (6-0) at No. 10 Indianola (4-2)
No. 4 Gilbert (6-0) vs. Bondurant-Farrar (1-5)
No. 5 Decorah (6-0) at Marion (2-4)
No. 6 Adel ADM (5-1) at Ballard (3-3)
No. 7 Cedar Rapids Xavier (4-2) at Oskaloosa (1-5)
No. 8 North Scott (4-2) at Clear Creek Amana (4-2)
No. 9 Newton (4-2) vs. Carlisle (0-6)
No. 10 Indianola (4-2) vs. No. 3 North Polk (6-0)
No. 10 Western Dubuque (4-2) at Waterloo East (2-4)
Class 3A
No. 1 Algona (6-0) at No. 7 Humboldt (5-1)
No. 2 Williamsburg (5-1) vs. No. 5 Solon (5-1)
No. 3 Dubuque Wahlert (6-0) at West Delaware (4-2)
No. 4 Sergeant Bluff-Luton (6-0) vs. Carroll (4-2)
No. 5 Mount Vernon (5-1) vs. Fort Madison (0-6)
No. 5 Solon (5-1) at No. 2 Williamsburg (5-1)
No. 7 Humboldt (5-1) vs. No. 1 Algona (6-0)
No. 8 Sioux City Heelan (4-2) at Boyden-Hull/Rock Valley (1-5)
No. 9 Independence (4-2) at Maquoketa (1-5)
No. 10 Nevada (5-1) at Harlan (3-3)
Class 2A
No. 1 West Lyon (6-0) at Sheldon (2-4)
No. 2 Monroe PCM (6-0) at West Marshall (5-1)
No. 3 Spirit Lake (5-1) at Garner GHV (1-5)
No. 4 Van Meter (5-1) vs. Centerville (4-2)
No. 5 Carroll Kuemper (5-1) vs. Saydel (1-5)
No. 6 North Fayette Valley (5-1) vs. Oelwein (0-6) — canceled, Oelwein to forfeit
No. 7 Northeast (6-0) at Tipton (2-4)
No. 8 Central Lyon/George-Little Rock (4-2) vs. No. 10 Western Christian (4-2)
No. 9 Roland-Story (4-2) vs. Des Moines Christian (4-2)
No. 10 Western Christian (4-2) at No. 8 Central Lyon/George-Little Rock (4-2)
Class 1A
No. 1 Grundy Center (6-0) at Alburnett (4-2)
No. 2 Wilton (6-0) at West Branch (2-4)
No. 3 Dike-New Hartford (5-1) vs. Aplington-Parkersburg (2-4)
No. 4 Emmetsburg (6-0) vs. Eagle Grove (0-6)
No. 5 Iowa City Regina (6-0) at Dyersville Beckman (4-2)
No. 6 Ida Grove OABCIG (5-1) vs. No. 10 Hinton (5-1)
No. 7 South Hardin (5-1) at Hudson (5-1)
No. 8 Treynor (5-1) vs. Shenandoah (3-3)
No. 9 Sigourney-Keota (5-1) at Colfax-Mingo (1-5)
No. 10 Hinton (5-1) at No. 6 Ida Grove OABCIG (5-1)
Class A
No. 1 West Hancock (6-0) at Lake Mills (4-2)
No. 2 Guthrie Center ACGC (6-0) vs. Mount Ayr (5-1)
No. 3 Saint Ansgar (5-1) at West Fork (1-5)
No. 4 Lisbon (6-0) vs. Danville (4-2)
No. 5 Earlham (5-1) at Oakland Riverside (4-2)
No. 6 Tri-Center (5-1) vs. No. 8 Woodbury Central (5-1)
No. 7 Le Mars Gehlen (5-1) at South O’Brien (0-6)
No. 8 Woodbury Central (5-1) at No. 6 Tri-Center (5-1)
No. 9 North Linn (6-0) vs. Maquoketa Valley (5-1)
No. 10 Madrid (4-2) at North Mahaska (3-3)
8-Player
No. 1 Remsen St. Mary’s (6-0) vs. No. 10 Woodbine (6-0)
No. 2 Algona Garrigan (6-0) vs. Ruthven GTRA (6-0)
No. 3 Don Bosco (6-0) vs. Turkey Valley (3-3)
No. 4 Audubon (6-0) vs. Collins-Maxwell (4-2)
No. 5 Lenox (6-0) vs. Southeast Warren (6-0)
No. 6 Iowa Valley (6-0) vs. HLV (1-6)
No. 7 Gladbrook-Reinbeck (5-1) at Clarksville (5-2)
No. 8 Anita CAM (5-1) at Fremont-Mills (5-1)
No. 9 Bedford (5-1) vs. Lamoni (4-2)
No. 10 Woodbine (6-0) at No. 1 Remsen St. Mary’s (6-0)
Comments: nathan.ford@thegazette.com
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