Date:
08/16/2018
Subject:
Josh Scheinblum/Cedar Rapids Community School District - Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Josh Scheinblum, Complainant And Concerning: Cedar Rapids Community School District, Respondent |
Case Number: 18FC:0054 Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Josh Scheinblum filed formal complaint 18FC:0054 on June 28, 2018, alleging that the Cedar Rapids Community School District (District) violated Chapter 22 of the Iowa Code (public records).
On May 10, 2018, Mr. Scheinblum’s television station, KCRG, requested the release of records concerning the date of hire, the date the employee was placed on leave, and a copy of the resume of a District employee. The employee had reportedly been placed on leave during an investigation into conduct at a District school.
The District responded to the request by stating that the resume and any information concerning the leave status of the employee was confidential personal information in a personnel file and was therefore considered confidential under Iowa Code section 22.7(11).
Iowa Code section 22.7(11) identifies portions of personnel records that are confidential, as well as the information that must be released from those records:
11. a. Personal information in confidential personnel records of government bodies relating to identified or identifiable individuals who are officials, officers, or employees of the government bodies. However, the following information relating to such individuals contained in personnel records shall be public records:
(1) The name and compensation of the individual including any written agreement establishing compensation or any other terms of employment excluding any information otherwise excludable from public information pursuant to this section or any other applicable provision of law. For purposes of this paragraph, “compensation” means payment of, or agreement to pay, any money, thing of value, or financial benefit conferred in return for labor or services rendered by an official, officer, or employee plus the value of benefits conferred including but not limited to casualty, disability, life, or health insurance, other health or wellness benefits, vacation, holiday, and sick leave, severance payments, retirement benefits, and deferred compensation.
(2) The dates the individual was employed by the government body.
(3) The positions the individual holds or has held with the government body.
(4) The educational institutions attended by the individual, including any diplomas and degrees earned, and the names of the individual’s previous employers, positions previously held, and dates of previous employment.
(5) The fact that the individual resigned in lieu of termination, was discharged, or was demoted as the result of a disciplinary action, and the documented reasons and rationale for the resignation in lieu of termination, the discharge, or the demotion. For purposes of this subparagraph, "demoted" and "demotion" mean a change of an employee from a position in a given classification to a position in a classification having a lower pay grade.
b. Personal information in confidential personnel records of government bodies relating to student employees shall only be released pursuant to 20 U.S.C. § 1232g.
KCRG stated that the paid administrative leave status of an employee would be information to be released “as it falls under the scope of employment status, pay and duties -- which are open records under 22.7.” KCRG maintained that the record request was for “resume related” information pursuant to Iowa Code section 22.7(11), not a copy of the actual resume.
In the response to the complaint filed by the District on July 11, 2018, counsel for the District noted that the records requested did not fall within the parameters of the information required to be disclosed by Iowa Code section 22.7(11). He also noted that on this same date, the District provided to KCRG all the information required by section 22.7(11) (employment dates, positions held, and educational background). He added that the District had been advised that KCRG was no longer requesting a copy of the resume.
Counsel argued that leave status in this situation is confidential and not subject to disclosure, citing an Iowa Supreme Court decision:
“In American Civil Liberties Union Foundation of Iowa, Inc. v. Records Custodian, Atlantic Community School District, 818 N.W.2d 231 (Iowa 2012) the Iowa Supreme Court specifically held that disciplinary records are exempt from disclosure. In this case, the ACLU sought information about the investigation of an incident where two Atlantic employees strip searched students after an alleged theft. The ACLU sought information about the investigation and punishment. The Iowa Supreme Court deemed both to be confidential and exempt from public disclosure….(The) ACLU case is identical to KCRG’s request regarding (this employee).”
The District acknowledged the amendment to Iowa Code section 22.7(11)(a)(5) in 2017 that allows the release of additional information when an employee is discharged, resigns in lieu of termination, or is demoted as the result of a disciplinary action. However, none of these specifically listed events had occurred at the time of the record request.
On July 17, 2018, the District released a statement that the District superintendent, upon completion of an internal investigation, was recommending that the employee be immediately discharged. The District documented the reasons and rationale for the discharge, as required by Iowa law, and noted that the employee was entitled to a hearing.
The District was correct in withholding certain personal personnel information at the time of the original record request. The statement released on July 17, 2018, provided the appropriate documentation required by Iowa law under section 22.7(11)(a)(5).
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet all of those requirements.
IT IS SO ORDERED: Formal complaint 18FC:0054 is dismissed pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on August 16, 2018. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
_________________________________
Margaret E. Johnson, J.D.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2018, to:
Josh Scheinblum
Mike Weston, attorney for the Cedar Rapids Community School District