Date:
01/20/2022
Subject:
Vanessa Miller/University of Iowa - Order to accept Informal Resolution and Dismiss
Opinion:
The Iowa Public Information Board
|
In re the Matter of: Vanessa Miller, Complainant And Concerning: The University of Iowa, Respondent |
Case Number: 21FC:0068
Order to Accept Informal Resolution and Dismiss |
This matter came before the Iowa Public Information Board this 20th day of January, 2022, to consider the Motion to Accept Informal Resolution and Dismiss this complaint as successfully completed.
Vanessa Miller filed formal complaint 21FC:0068 on August 2, 2021, alleging that the University of Iowa (UI) violated Iowa Code chapter 22.
The IPIB accepted this complaint on October 21, 2021. Pursuant to Iowa Code section 23.9, the parties have agreed to the terms of an Informal Resolution.
The terms of the Informal Resolution will to be completed within 60 days of the adoption of this Informal Resolution. Upon successful completion of the Informal Resolution, the formal complaint will be dismissed.
This Informal Resolution was reviewed and approved by Ms. Miller on December 17, 2021, and by Nathan Levin, legal counsel for UI on December 17, 2021.
On January 11, 2022, Mr. Levin provided a copy of the search waiver release policy. Ms. Miller approved the proposed policy. She has received copies of the records she requested. All terms of the informal resolution have been completed.
THEREFORE, the IPIB approves the proposed informal resolution, directs the IPIB chair to sign the informal resolution, and dismisses this complaint as succesfully completed in accordance with the terms of the informal resolution.
_______________________________
IPIB Chair
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
Vanessa Miller
Nathan Levin, attorney for the University of Iowa
Before The Iowa Public Information Board
|
In re the Matter of: Vanessa Miller, Complainant And Concerning: The University of Iowa, Respondent |
Case Number: 21FC:0068
Informal Resolution Report |
COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and respectfully submits this Informal Resolution Report:
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.”
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).”
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. UI now considered the records to be confidential pursuant to Iowa Code section 22.7(11). Counsel added that UI would 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.”
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 request contains a justification for the waiver, “which is akin to a performance evaluation as it describes the candidate’s performance in recent positions.”
Information provided by Ms. Miller raised 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 complaint, the information required to be released to Ms. Miller pursuant to Iowa Code section 22.7(11) was not released.
The IPIB accepted this complaint on October 21, 2021. Pursuant to Iowa Code section 23.9, the parties have agreed to the terms of an Informal Resolution.
The Terms of the Informal Resolution are:
- The University of Iowa will agree that certain portions of search waiver requests are public records.
- The University of Iowa will adopt a search waiver release policy that will require the release of search waiver request forms, package comments, and position requirements/job descriptions, with the redaction of any confidential personnel information as well as personal information such as social security numbers, dates of birth, and University ID number.
- The University of Iowa will include in the policy an agreement to release the information that is required to be released pursuant to Iowa Code section 22.7(11) if the individual becomes an employee.
- The University of Iowa will include in the policy that the final signed offer letter will be released if the individual is hired.
- The policy will be provided to the IPIB for approval within 45 days of the approval of this Informal Resolution.
- The University of Iowa will release the records and information necessary to properly respond to the record request from Vanessa Miller..
The terms of the Informal Resolution will be completed within 60 days of the adoption of this Informal Resolution. Upon successful completion of the Informal Resolution, the formal complaint will be dismissed.
This Informal Resolution has been reviewed and approved by Ms. Miller on December 17, 2021, and by Nathan Levin, legal counsel for UI on December 17, 2021.
On January 11, 2022, Mr. Levin provided a copy of the search waiver release policy (Attachment A). Ms. Miller approved the proposed policy. She has received copies of the records she requested. All terms of the informal resolution have been completed.
It is recommended that the IPIB approve the proposed informal resolution, direct the IPIB chair to sign the informal resolution, and dismiss this complaint as succesfully completed in accordance with the terms of the informal resolution.
Respectfully submitted,
Margaret E. Johnson, J.D.
Executive Director
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of January, 2022, to:
Vanessa Miller
Nathan Levin, attorney for the University of Iowa