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IOWA FREEDOM OF INFORMATION COUNCIL P.O. BOX 8002 DES MOINES, IA 50301 www.IFOIC.org
Margaret Johnson
March 22, 2018
Page 2
“ … 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. …”
The Iowa FOI Council believes the clear meaning of the term “documented reasons and rationale”
requires government entities to provide more than a generic four- or five-word statement to explain
why an employee’s resignation in lieu of termination was requested or why the employee was
discharged or demoted as part of disciplinary action. These generic explanations shed very little light
on either the rationale or the documented reasons for the personnel action the employer has taken.
The Council believes the legal definition of “documented” in this context goes well beyond a four- or
five-word capsulation. Legal dictionaries tells us that “documented” means “to furnish with a document
or documents, to methodically record the details of, to support with evidence or decisive information, to
support with written references or citations.”
A four– or five-word synopsis does not constitute the methodical record of details and evidence that
was envisioned by lawmakers when they wrote the new language in section 22.7(11)(a)(5).
The purpose behind the change the Legislature made last year in the language in section 22.7(11) was
to remove a legal obstacle that government officials had said was preventing them from fully
explaining to taxpayers or residents of a government jurisdiction how and why an employee was
disciplined or removed from employment for his/her conduct.
The Iowa FOI Council believes that learning about ongoing performance issues or progressive
disciplinary actions are an important element of the “documented reasons and rationale” that the
Legislature chose to require government officials to now make public when an employee is demoted,
terminated or resigns in lieu of termination.
It is through the release of memorandums to the employee about his/her job performance, or the
notifications, correspondence or other communications with the employee, that the residents of a
government entity will more fully understand why an employee’s resignation in lieu of termination was
sought or why administrators chose to discharge or demote the employee and in what way or ways each
employee’s job performance or job-related actions were failing to meet the standards and expectations
the government entity has for its staff.
Had the Legislature not intended for government administrators to be required to produce documents
about the reasons and rationale that leads to such disciplinary action against an employee, the language
in section 22.7(11)(a)(5) would simply have omitted the phrase “the documented reasons and
IOWA FREEDOM OF INFORMATION COUNCIL P.O. BOX 8002 DES MOINES, IA 50301 www.IFOIC.org
Margaret Johnson
March 22, 2018
Page 3
rationale.”
But lawmakers chose to include this important phrase, and the governor chose to sign the legislation into
law. Therefore, we believe the Legislature’s intent was clear in the wording chosen for this subsection.
For these reasons, the Iowa FOI Council hopes the Iowa Public Information Board will provide
important clarification of the meaning of this phrase with the advisory opinion that has been requested.
If you have follow-up questions or wish to discuss this further, don’t hesitate to contact me. My number is
(515) 745-0041.
Respectfully,
Randy Evans
Executive Director
(515) 745-0041
IowaFOICouncil@gmail.com
IOWA FREEDOM OF INFORMATION COUNCIL P.O. BOX 8002 DES MOINES, IA 50301 www.IFOIC.org