Date:
04/16/2020
Subject:
Abby Sojka/Washington Co. Extension & Outreach - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Abby Sojka, complainant And concerning: Washington County Extension and Outreach, Respondent |
Case Number:20FC:0020
Dismissal Order
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COMES NOW Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
On February 24, 2020, Abby Sojka filed this formal complaint, alleging that the Washington County Extension and Outreach (Extension) violated Iowa Code chapter 22 by refusing to release a record she requested.
Ms. Sojka alleged that she requested a copy of a memo submitted by an Extension employee (Amy Green) in 2019 concerning her interactions with Ms. Sojka. Ms. Sojka originally asked for the memo in 2019 from Eugene (Gene) Mohling, regional director for region 15 of the Iowa State University Extension and Outreach. Region 15 includes Washington County. Mr. Mohling denied this request on August 26, 2019.
Both Mr. Mohling and Amy Green are listed as Extension staff on the ISU Extension and Outreach website. Mr. Mohling oversees Washington County Extension as the regional director.
During the summer of 2019, Ms. Green submitted an internal personnel memo to her personnel record outlining her interactions with Ms. Sojka. She submitted this to request job performance guidance. Mr. Mohling denied the record request, stating it was confidential pursuant to Iowa Code section 22.7(11).
Ms. Sojka alleged in her 2020 complaint to the IPIB that she requested the same document from another Extension employee after the 2019 denial. She was advised in an email dated February 20, 2020, that this document was considered a personnel record that was confidential pursuant to Iowa Code section 22.7(11).
Ms. Sojka stated that since the employee was seeking guidance concerning interactions with Ms. Sojka, the record should be released as a public record.
Iowa Code 22.7(11) states the following record is confidential:
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.
The requested document does not fall within the information categories that are required to be released under Iowa Code section 22.7(11)(a)(1-5).
In addition, the 60-day time limitation to file a complaint pursuant to Iowa Code section 23.7(1) ran from the date of the original denial of the record release on August 26, 2019. Therefore, the IPIB does not have jurisdiction over this complaint.
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 those requirements.
IT IS SO ORDERED: Formal complaint 20FC:0020 is dismissed as legally insufficient and beyond the jurisdiction of the IPIB 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 April 16, 2020. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson, J.D.
1. Washington County Extension District has a written Personnel Policy Manual. This manual allows employees to consult with supervisors as an internal personnel matter when questions arise concerning interactions with a “non-employee.” Any documentation generated by the use of this policy is considered part of the employee’s personnel file.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of April, 2020, to:
Abby Sojka
Thomas Henderson, legal counsel for the Washington County Extension and Outreach