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Lyness to investigate UI denial

P-C appeals to county about records request

Brian Morelli

Iowa City Press-Citizen

January 18, 2007

[Note: This material is copyright by the Press-Citizen, and is reproduced here as a matter of "fair use" for non-commercial, educational purposes only. Any other use may require the prior approval of the Iowa City Press-Citizen.]


Johnson County Attorney Janet Lyness said Wednesday that she is going to investigate a denied open records request directed at University Hospitals' Director Emeritus John Colloton.

"I am going to investigate it," Lyness said. "It is part of the duty of the county attorney."

The University of Iowa, on the advice of the Iowa Attorney General, has refused to hand over documents and correspondence held by Colloton and his secretary, Nancy Kirkpatrick, stating Colloton has no public duties and therefore his documents are private.

Because the possible violation of Iowa's open records laws occurred in Johnson County, it falls under Lyness' jurisdiction. She said any aggrieved taxpaying citizen can seek action from the county.

"At this time, I don't have an opinion on it. I am going to have to do some investigation," Lyness said, adding that she hoped for resolution as soon as possible, but had no timetable.

Press-Citizen managing editor Jim Lewers sent Lyness a letter Wednesday asking her to investigate the denied records request.

"We believe strongly that a blanket denial of access to these records is wrong and that the public deserves to know how decisions regarding UI and UIHC are made. The county attorney is one official who has jurisdiction in these cases, and that is why we're appealing to her," Lewers said.

The Press-Citizen filed an open records request Nov. 29 to authenticate documents received anonymously that appear to show Colloton's correspondence with former Gov. Tom Vilsack, Regents' President Michael Gartner and former UI President David Skorton among others on the topics of the Wellmark contract controversy of 2004 and 2005, the UI presidential search and the restructuring of UI and University Hospitals.

UI denied the Colloton request Dec. 28 and a request directed at Kirkpatrick, a state employee, on Jan. 5.

Some legislators and regents have scoffed at the denial.

"I am not sure what (Colloton) is doing here with an office period," Davenport Regent Amir Arbisser said. "He should be subject to the same level of scrutiny that is affected by a (open records request). He is subject to scrutiny like anyone else on campus."

Sen. Bob Dvorsky, D-Coralville, said earlier in the week that Colloton should come under the public domain.

Colloton has not responded to phone or e-mail messages.

Mark McCormick, Colloton's attorney, said last week that Colloton's records are private.

Colloton maintains an office in the John Colloton Pavilion on the hospital campus, utilizes state equipment, a state-provided secretary and UI's highest level parking permit, and presents himself as part of UI through use of UI letterhead and a UI e-mail account.

Since 2001, Colloton has been director emeritus of University Hospitals after a long and, by many accounts, visionary tenure from 1971 to 1993 as director. Colloton also has been on the Wellmark Board of Directors since 1974 and served as the board chairman from 1993 to 2000 and as the lead director since 2000.