Date:
02/17/2022
Subject:
Kiajuana Lawton/Iowa Vocational Rehabilitation Services - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Kiajuana Lawton, Complainant And Concerning: Iowa Vocational Rehabilitation Services, Respondent |
Case Number: 21FC:0113
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 December 6, 2021, Kiajuana Lawton filed formal complaint 21FC:0113, alleging that the Iowa Vocational Rehabilitation Services (IVRS) violated Iowa Code chapter 22 on December 1, 2021.
Ms. Lawton alleged that she submitted a request for eight identifiable public records on November 11, 2021. (See Attachment A). She further alleged that the IVRS responded to her request on December 1, 2021, and improperly withheld release of the requested records.
Legal counsel for the IVRS responded to the complaint and stated that the records requested were confidential personnel records pursuant to Iowa Code section 22.7(11) (See Attachment B for a summary of the responses provided to Ms. Lawton for the first eight records.)
Iowa Code section 22.7(11)(a) states that certain portions of personnel records are deemed 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.
Ms. Lawton requested these records as public records subject to Iowa Code chapter 22, not as documents necessary for her grievance procedure. While she may be entitled to her personnel records pursuant to other sections of the Iowa Code, the public records law allows these records to be withheld as confidential pursuant to Iowa Code section 22.7(11).1
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 these requirements.
IT IS SO ORDERED: Formal complaint 20FC:0113 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 February 17, 2022. 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. Subsequent to filing of this complaint, Ms. Lawton continued to file additional requests for records and engage in conversations with legal counsel for IVRS concerning release of those records. Ms. Lawton stated that the additional records are needed for a grievance hearing she initiated. Those record requests and the grievance hearing are separate issues and will not be further addressed in this Order.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of February, 2022, to:
Kijuana Lawton
Kelley Rice, legal counsel for the Iowa Vocational Rehabilitation Services