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SUSTAINING MEMBERS March 22, 2018

Business Record, Des Moines


Cedar Rapids Gazette
Cityview, Des Moines
Community Publishing Co., Armstrong
Des Moines Register Margaret Johnson, Executive Director
Iowa Broadcasters Association Iowa Public Information Board
Iowa Cubs Wallace State Office Building
Iowa Newspaper Association
Iowa Public Television 502 E. Ninth St.
KCCI-TV, Des Moines Des Moines, IA 50319
KCRG-TV, Cedar Rapids
Meredith Corporation RE: Comments on request for 22.7(11) advisory opinion
N’West Iowa REVIEW, Sheldon
Quad-City Times, Davenport
Sioux City Journal Dear Margaret:
Storm Lake Times
WHO-TV, Des Moines I am writing to share the Iowa Freedom of Information Council’s
Woodward Communications Inc., thoughts on the advisory opinion requested recently concerning
Dubuque Telegraph Herald,
Dyersville Commercial, Cascade language the Legislature added last year to Iowa Code section
Pioneer, Manchester Press, Mount 22.7(11).
Vernon-Lisbon Sun, West Branch
Times, West Liberty Index, Marion The Iowa FOI Council has been contacted by journalists in several
Times, Solon Economist, North
Liberty Leader, Linn News-Letter
communities about their local school districts’ interpretation of
section 22.7(11)(a)(5) — interpretations that we believe are contrary
FIRST AMENDMENT MEMBERS
to the clear meaning of the statute. The Council believes an advisory
American Civil Liberties Union of Iowa opinion from the Iowa Public Information Board is needed to
Ames Daily Tribune clarify the meaning of the section in question.
Associated Press, Iowa Bureau
Carroll Daily Times Herald
Rob Davis, Des Moines
The Council has heard from reporters who sought records pertaining
David E. Drake, D.O., and Claire to the resignation in lieu of termination, dismissal or demotion of
Cumbie-Drake, J.D., Des Moines school district employees. School administrators are limiting the
Drake University School of Journalism release of information under the “documented reasons and rationale”
Greenlee School of Journalism and provision of 22.7(11)(a)(5) to phrasing such as “Not meeting
Communication, Iowa State University performance expectations of the district” or “Violation of board
The Hawk Eye, Burlington policies and district expectations.”
Iowa Association for Justice
Iowa Association of School Boards The Iowa FOI Council believes that the position taken by these
Iowa Broadcast News Association school district administrators does not meet the letter of the new
Iowa Center for Public Affairs requirements contained in 22.7(11)(a)(5), nor does their position meet
Journalism, IowaWatch.org
the clear intent of the revised statute.
Iowa High School Press Association
Iowa Institute for Public Accountability
KWWL-TV, Waterloo The section, as amended last year, now states [emphasis added]:
RAYGUN LLC
School of Journalism and Mass “Personal information in confidential personnel records of
Communication, University of Iowa government bodies relating to identified or identifiable
Washington Evening Journal individuals who are officials, officers, or employees of the
Waterloo-Cedar Falls Courier government bodies. However, the following information
David Yepsen, Des Moines

IOWA FREEDOM OF INFORMATION COUNCIL P.O. BOX 8002 DES MOINES, IA 50301 www.IFOIC.org
Margaret Johnson
March 22, 2018
Page 2

relating to such individuals contained in personnel records shall be public records:

“ … 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.

Thank you, Margaret.

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

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