Published: November 25, 2009 10:45 am      

Supervisors will aim for committee gender balance

State laws sets gender balance rules that must be in place by 2012

CLINTON — During the Nov. 16 meeting of the Clinton County Board of Supervisors, a discussion about gender balance on committees started when a resolution to appoint Reggie Kauffman, of Calamus, to the Clinton County Conservation Board was introduced.

The resolution was tabled until Monday, when Clinton County Attorney Mike Wolf spoke about whether gender balance is required for appointments to boards and commissions. Wolf presented not only his own interpretation of the Iowa code, but also a letter from Nathan Bonnett, legal counsel from the Iowa State Association of Counties. Bonnett and Wolf’s comments focused on a change in Chapter 69 of the Iowa Code, which Wolf said became effective in this year.

Section 69.16A was amended and deals with gender balance on any board, committee or council. According to Wolf and Bonnett’s letter, any odd-numbered boards, such as the Conservation Board, should have a one to one, plus one dynamic. This would mean a five-member board would have three people of one gender and two of the other.

Bonnett’s letter addressed the concern that this code would limit the ability to appoint a qualified individual because of gender balance. In his letter, Bonnett stated that the law allows a county to make a “good faith effort to appoint a qualified person to fill a vacancy on the board.” A county can show it tried to find a qualified compliant appointment for three months. If after that time a person cannot be found, the county may appoint a qualified person regardless of gender.

This code requirement for gender balance will not be in full effect until 2012. However, Wolf said the supervisors should be aware of the issue and plan for down the road when gender balance will be required.

“How you get to that proper balance by January 2012 is going to be, is up to you, based on the specifics of each board and their composition. But you're going to need to decide how you're going to reach compliance today and the plan and path you wish to take to get to that compliance by Jan. 1, 2012,” said Wolf.

Wolf said this code will affect any board or commission appointed by the supervisors.

Supervisor Jill Davisson said she feels the gender balance issue needs to be addressed for the Conservation Board appointment. This appointment will be for five years, well after the 2012 deadline. She said she has mixed feelings about the changes to the code.

“As a woman, I like to see these things. But then again, I'm also one of those people that believe you put the qualified person there too,” said Davisson.

Despite her mixed feelings, she said when a code says they “shall” adhere to a gender balance, she feels they do not have much discretion on the matter.

Davisson said she has also received a great deal of response from members of the county since last week’s meeting. She said her telephone was ringing all weekend on the matter.

“The majority of the phone calls were the fact that they felt that gender balance was an important thing for us to consider. And I have to say, it wasn't all women calling. There were several men that called me. And they indicated that they felt gender balance was an important thing, if we had the opportunity,” said Davisson.

Davisson also expressed issues with the supervisors’ policy on appointments. She said she felt when more than one individual has applied for a position, they should look at all of the applications and have a discussion before drafting a resolution to appoint an individual.

“Quite honestly, I'm embarrassed and I'm not feeling very good about having to look at Reggie (Kauffman) and say no. He's my neighbor. I like Reggie. He's got a super duper wife. And I really don't enjoy this. I don't enjoy that,” said Davisson. “So I would like to, in the future, be able to say, look at all of the names and say ‘What are you guys thinking? Who's got the qualifications? Where would we like to go from here?’”

Chairman Dennis Starling, who initially requested to have Kauffman put on the resolution for appointment, defended the process. He said the resolution was drafted two weeks prior to it being presented on Nov. 16. Starling said they did not have all of the applications in at that time and he was not aware of the other applicants. Starling said he and Kauffman had spoken about Kauffman’s interest in being on the board.

“So all fairness to the process, no one was trying to put anything on or anything like that,” said Starling.

Starling said he does not know Kauffman in any social manner and has never been out to dinner with him or in any other social setting. Starling said he knows him because he lives near him and through his work as a conservationist. He said it was due to the conservation work Kauffman has done on his own property, with his own money, that he considered him for the appointment.

Starling said he agreed with Davisson that they should have had the opportunity to look at the names prior to making the appointment. Davisson said the position was not even in the local papers before the resolution was written. She said she feels the board needs to be more mindful of how it deals with instances like this. She did concede that they do not typically see so many applicants for a position.

Six people total have applied for the Conservation Board position. Kimberli A. Rixen, of Clinton, finished her paperwork on Oct. 19. Kauffman’s paperwork was turned in on Oct. 24. The paperwork for Judith A. Petersen, of Goose Lake, was turned in on Nov. 2. Wade Williams, of DeWitt, had his paperwork in by Nov. 12. Peter Clausen, of Camanche, did not date his application, but had his information in before Nov. 13. A late entry is also being allowed by Laura Kauffman, of Calamus, who turned in her application on Nov. 19.

Davisson said she felt she needed to speak her mind on this whole process. She said she was not upset with anyone, but felt the appointment did not go as it should.

“But I'm just uncomfortable with the situation I was put in. And I would rather in the future keep the names off when we have four or five, six, whatever it is, have a discussion like we did last week and then put the name on. You know, come to a consensus, this is the name we're going to use,” said Davisson.

The board officially voted on the tabled resolution that would approve Kauffman for the position. Supervisors John Staszewski and Davisson both voted no to the resolution. Starling abstained from the vote. The board will discuss all of the candidates, while considering the issue of gender balance. Davisson asked that a discussion be scheduled for the Nov. 30 meeting with action for an appointment following.