Date:
10/21/2021
Subject:
Vanessa Miller/University of Iowa - Acceptance Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Vanessa Miller, Complainant And Concerning: University of Iowa, Respondent |
Case Number: 21FC:0068
Acceptance Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Acceptance Order:
Vanessa Miller filed formal complaint 21FC:0068 on August 2, 2021, alleging that the University of Iowa (UI) violated Iowa Code chapter 22.
Ms. Miller provided a copy of a record request dated April 26, 2021, addressed to UI, requesting copies of “all search waivers(documents submitted to waive a required search for a hire) so far this year.”1
On July 7, 2021, UI denied her record request, stating: “While we have previously released the search waiver justification, upon further review, and in consultation with the Office of the Board of Regents, the Office of General Counsel has determined that search waiver records are confidential personnel records pursuant to ...22.7(11).”2
Legal counsel for UI responded to the complaint on August 12, 2021, stating that a response would be provided. On August 30, 2021, counsel requested “at least a couple of weeks” to respond. On September 9, 2021, legal counsel requested additional time to respond. IPIB staff requested a response by September 24, 2021.
On October 11, 2021, legal counsel for UI submitted a formal response. The response stated that UI had mistakenly released these records in the past. At this time, UI considers the records to be confidential pursuant to Iowa Code section 22.7(11). Counsel added that UI will continue to provide “information about the number of hires the university has made over a specified period of time that involve search waivers. In addition, the university will provide… information identifying the specific departments that made the hires, as well as the rank or title of those positions.”3
Legal counsel explained that the requested records contained information such as “Hawk ID and University ID” of each candidate, as well as “resumes/CVs, information about immigration status, home address, personal phone number and personal email address.” Counsel argued that the waiver itself contained a justification for the waiver, “which is akin to a performance evaluation as it describes the candidate’s performance in recent positions.”4
Information provided by Ms. Miller raises two issues: whether the delay of over two months in responding to the record request was untimely and whether the records were properly denied. Legal counsel did not address the delay nor whether the requested records could be redacted to protect identification numbers and other personal information.
Iowa Code section 22.7(11) allows for personal information in personnel records to be kept confidential. However, the section does require certain information to be released:
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.
In this comlaint, the information required to be released to Ms. Miller pursuant to Iowa Code section 22.7(11) was not released.
Based upon the information provided to the IPIB, the complaint appears to meet the requirements of Iowa Code section 23.8.
Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and have merit before the IPIB accepts a complaint.
IT IS SO ORDERED: Formal complaint 21FC:0068 is accepted pursuant to Iowa Code section 23.8(1) and Iowa Administrative Rule 497-2.1(2)(a). Parties shall cooperate with IPIB staff to reach an appropriate informal resolution to resolve the complaint pursuant to Iowa Code section 23.9.
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 October 21, 2021. 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
1. Her follow-up record request dated August 3, 2021, stated: Can you (the university) provide me the names of the 34 employees hired without a search? Can you provide me a breakdown of the departments they were hired into -- and how many per department/college/unit? And can you provide me the salary range of those hired without searches and the total of their annual salaries? The UI transparency officer responded that the records were confidential pursuant to Iowa Code section 22.7(11) and that releasing the department information would identify the personnel. UI stated that there is no document responsive to the third record request.
2. Following the filing of this complaint, Ms. Miller has submitted two additional records requests, on August 3, 2021, and on August 9, 2021, for additional details. Legal counsel responded to these requests on August 17, 2021, stating that all the requested records were confidential or no such record exists.
3.This information was not released to Ms. Miller in response to her August 3, 2021, record request.
4. Counsel also referenced the UI Operations Manual and the UI human resources policy. However, these documents do not circumvent Iowa Code chapter 22.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of October, 2021, to:
Vanessa Miller
Nathan Levin, counsel for the University of Iowa