Date:
01/28/2019
Subject:
Kyle Ocker/Indian Hills Community College - Revised Dismissal Order
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Kyle Ocker, Complainant And Concerning: Indian Hills Community College, Respondent |
Case Number: 18FC:0090 Revised Dismissal Order |
COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Revised Dismissal Order.
Kyle Ocker filed complaint 18FC:0090 with the IPIB on October 3, 2018. He alleged that the Indian Hills Community College (IHCC) violated Iowa Code chapter 22.
On May 14, 2018, Mr. Ocker, on behalf of the Daily Iowegian, requested the details of the discharge of certain baseball coaches from the IHCC. The IHCC responded that same day that there were no discharges of the named baseball coaches and added that “baseball coaching assignments...expire at the end of the spring term and have not been renewed.”
On May 15, 2018, the Daily Iowegian then requested copies of “contracts and current employment assignments.” On May 16, 2018, IHCC provided copies of ‘at-will’ letters of employment.
On August 31, 2018, Mr. Ocker filed another record request for a copy of the teaching contract provided to one of the coaches. This was provided by IHCC.
Sometime after that date, the Daily Iowegian requested “explanations under 22.7(11)(a)(5)” since the coaches were not under contract and “thus seemed to be terminated.” IHCC responded that the coaches were not terminated, citing Iowa Code section 279.19A (copy attached as Exhibit A).
In response to the complaint, counsel for IHCC stated that Iowa Code section 279.19A(1) specifically states that extracurricular coaching contracts “shall be for a single school year.” Letters of employment are sent to prospective coaches each year. Once accepted by the candidate, the letter becomes the contract.
Counsel stated that because the contract or terms of employment automatically expire after one year, there has been no termination or demotion that would trigger the requirements of Iowa Code section 22.7(11)(a)(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.
IHCC counsel also noted that the IPIB does not have jurisdiction over complaints older than 60 days (Iowa Code section 23.7(1)), noting that as the original request was made and responded to in May 2018, more than 60 days before this complaint was filed.
Mr. Ocker responded that the subject of the complaint was the denial of records received on September 24, 2018, not the earlier record release he documented in his complaint. He stated that further investigation in August 2018 led to the August record requests for contracts.
He further noted that Iowa Code section 279.19A would not apply, as that section applies to “contracts” and the IHCC uses “letters of employment.”
Counsel for the IHCC replied that the letters of employment used are considered contracts pursuant to Iowa Code section 279.19A. That section also outlines the procedure that must be followed to terminate or discharge a coach (subsection 7), additional proof that there were no terminations or discharges to report.
This complaint is possibly outside the jurisdiction of the IPIB because of timeliness. However, even if within the IPIB jurisdiction, there is insufficient evidence to support a violation of Iowa Code section 22.7(11)(a)(5). There is no requirement for “documented reasons and rationale” if there is no termination of employment. The employment agreements expired by law.
The Iowa Freedom of Information Council filed a position statement opposing dismissal on December 12, 2018. At the December 13, 2018, IPIB meeting, the complaint was continued to allow parties to provide additional comment in response. Counsel for the IHCC filed a brief in support of the dismissal order (Exhibit B).
As noted in the IHCC brief, there are no records in existence that are termination records as described in Iowa Code section 22.7(11)(a)(5). Therefore, there was no violation of Iowa Code chapter 22.
IT IS SO ORDERED: Formal complaint 18FC:0090 is dismissed as legally insufficient 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 January 28, 2019. 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 January, 2019, to:
Kyle Ocker
Kristy Latta, counsel for Indian Hills Community College