22FC:0066 Vanessa Miller/University of Iowa - Dismissal Order

Date:
09/15/2022

Subject:
Vanessa Miller/University of Iowa - Dismissal Order

Opinion:

The Iowa Public Information Board

COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.

Vanessa Miller filed formal complaint 22FC:0066 on July 7, 2022, alleging that the University of Iowa (UI) violated Iowa Code chapter 22 on June 6, 2022.

Ms. Miller provided copies of email correspondence between UI and herself concerning a request for records she sent to UI on May 19, 2022, requesting the “waiver UI documented for the hires” of two named individuals.  She also provided a copy of the information she received from UI on May 20, 2022.

Based upon this response from UI, Ms. Miller engaged in a series of emails questioning whether the information released met the requirements of Iowa Code chapter 22, as determined by the IPIB in a previous resolution of a similar complaint to the IPIB in 2021.1

Ms. Miller alleged that UI did not release the information required by Iowa Code chapter 22, as interpreted by formal complaint 21FC:0068 and as indicated by UI policy (See Exhibit 2).  She provided a copy of the response she received in her request for the information required to be released pursuant to Iowa Code section 22.7(11) (See Exhibit 3).  Her complaint alleges that she should have received copies of the actual documents, not just the information from the documents.2

Legal counsel responded to the complaint on August 4, 2022, and argued that Iowa Code section 22.7(11) requires the release of ‘information’ relating to personnel records and does not require a release of the actual records.  He referenced term 3 of the informal resolution that reads:

3.  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.

Counsel indicated that the information required to be released was released.  He requested that the complaint be dismissed.  

Copies of additional emails and record releases were provided to the IPIB by both parties in response to the IPIB request for additional information.

On September 6, 2022, legal counsel provided a copy of an email sent by UI to Ms. Miller on June 9, 2022, which asked her to confirm, “Specifically the INFORMATION FROM the justification letter, CV/resume, and letters of reference that meets the requirements of information to be released pursuant to Iowa Code section 22.7(11) if the individual becomes an employee.”  (Emphasis in original).

Ms. Miller responded to this email later that day, “Yes, that’s all I’m requesting at this time.”

Legal counsel also noted that UI released all the records and the information required to be released by Iowa code section 22.7(11).  He added that “There were no package comments created for either employee” (subjects of the record request).

The University of Iowa policy, as well as the informal resolution term number 2, 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.”

Legal counsel is correct that the UI policy and Iowa law do not require the release of all documents concerning a search waiver. The specific documents required to be released, such as search waiver request forms, package comments, and job descriptions/position requirements, were released.

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 the necessary requirements for acceptance.

IT IS SO ORDERED:  Formal complaint 22FC:0068 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 September 15, 2022.  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

1. Formal complaint 21FC:0068, resolved through informal resolution and ultimately dismissed on January 20, 2022 (See Exhibit 1).
2. She also alleged that she is entitled to “the ‘documented reason and rationale’ for changes in employment.”  This is a reference to information pertaining to a resignation in lieu of termination, a discharge, or a demotion as a result of a disciplinary action and is not relevant to her record request (See Iowa Code section 22.7(11)(a)(5)).

CERTIFICATE OF MAILING

This document was sent by electronic mail on the ___ day of September,  2022, to:

Vanessa Miller

Nathan Levin, deputy legal counsel for the University of Iowa