Clinton council’s proposal to use gas tax funds for salaries criticized

DES MOINES - The Clinton City Council's decision to consider spending more than $225,000 in new gas-tax revenue on salaries for new city employees has drawn the ire of a top state lawmaker and a taxpayer watchdog group.

State Rep. Josh Byrnes, R-Osage, who was a leading force in the recent passage of a 10-cent-per-gallon increase on the state's fuel tax, said he was disappointed to learn of the Clinton council's recent 5-2 vote to advance a proposal that would use new revenue generated by the gas tax increase on salaries for three employees, equipment and road projects.

In a politically charged debate over whether to raise the gas tax to help cover the state's annual $215 million shortfall for necessary road and bridge repairs, supporters of the increase frequently noted gas tax revenue is protected by the state Constitution and can be used only on road projects.

Clinton city leaders think, based on the advice of their city attorney, the law allows gas tax revenue to be used on salaries for employees who occasionally will work on road projects, the Clinton Herald reported.

The new Clinton employees would work in the city's streets department and would be responsible for mowing, snow removal and other duties, the Herald reported.

Byrnes said Clinton leaders interpreted the law 'very loosely.”

'It's just disappointing when you bust your tail to get that money into the pipeline, and then somebody uses it for salaries. Are you kidding me?” Byrnes said.

Iowans for Tax Relief, which opposed the gas tax increase, earlier this week released a report that criticizes some of the priorities set by the state Department of Transportation for use of new gas tax revenues.

'Aside from the fact that we thought there were other ways to fund it than just a tax increase, the bill itself was crafted poorly,” said Chris Ingstad of Iowans for Tax Relief. 'So you're left with something like this, where a recipient of the funds doesn't actually have to put it towards concrete or rebar or trusses for a bridge that was structurally deficient.”

Clinton City Attorney Pat O'Connell said he has not been asked by the mayor or council to interpret whether the council's proposal is legal use of gas tax revenues. O'Connell said he may yet be asked to do that, and if that happens he said he will examine the law before making a recommendation.

A message left Tuesday with Clinton Mayor Mark Vulich was not returned.

In an email to the Gazette-Lee Des Moines Bureau, Iowa Department of Transportation Director Paul Trombino said although he thinks state lawmakers clearly intended for gas tax revenues to be used for building and repairing roads and bridges, cities and counties have authority over how to spend their portions.

Byrnes said he will examine options to clarify the law to more clearly specify how gas-tax revenue may be spent. He said one option would be adding clarifying language through the rules-making process.

'You like to trust other elected officials. You don't want to be so prescriptive that you're micromanaging them,” Byrnes said. 'I just figured that everybody was going to be so appreciative that we're getting more money in for the infrastructure, that (they would say), ‘Wow. We are not going to abuse this.'

'Whoops.”