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Regents' e-mail swaps legal, expert says
UI search messages put openness into question; regents defend methods
Diane Heldt
The Gazette
December 20, 2006
Costs Exceed $211,000 for UI Presidential Search
[Note: This material is copyright by The Gazette, 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 Gazette.]
But the practice, used often in government, is not in the spirit of the law, said Kathleen Richardson, executive secretary of the Iowa Freedom of Information Council.
‘‘The public meetings law is to ensure that the basis and rationale of government decisions are easily accessible to the people,’’ she said. ‘‘If a lot of discussions are being done by e-mails, it defeats the purpose of the law.’’
UI faculty leaders raised questions about e-mail the regents exchanged before the regents convened a meeting by telephone Monday. The regents unanimously chose College of Dentistry Dean David Johnsen to lead the relaunched UI presidential search.
E-mail is an evolving area, with not much case law in Iowa to look to, Richardson said. But government bodies do it a lot, she said. ‘‘It’s one of the biggest complaints I get from citizens,’’ she said.
Regents President Michael Gartner said e-mail or phone discussions between two regents are essential because the regents, who oversee Iowa’s public universities and two special schools, meet only eight times a year. The regents are not trying to be secretive, said Gartner, of Des Moines.
Gartner said he sent an e-mail to all regents before the meeting to be more efficient, because having a long discussion during telephonic meetings is difficult. His e-mail asked questions about the new search, including if it should be led by a dean, if it should be limited to academics and if regents and students should be represented. Regents’ e-mail did not mention specific names as possible search leaders, he said.
‘‘I was just trying to get a sense . . . to give us a framework to move forward,’’ he said. ‘‘If I couldn’t send e-mails I couldn’t govern.’’
Regent Rose Vasquez of Des Moines said Monday she prefers to have discussions that will lead to board decisions during meetings, so she can hear other regents’ thoughts.
Regent Robert Downer of Iowa City said Tuesday he agrees, but added that the e-mail before Monday’s meeting was appropriate. ‘‘It was just an exchange of information and everybody was going to have the opportunity to articulate their views during the meeting,’’ he said.
Public bodies cannot vote via e-mail, and e-mail between public officials is subject to open-records laws.
UI Faculty Senate President Sheldon Kurtz, a professor of law, told faculty Tuesday the regents moved the search ahead with no consultation with faculty, staff and student leaders. Despite that, Kurtz urged those at the UI to back Johnsen’s search leadership.
The first presidential search ended Nov. 17 when the regents voted 6-2 to reject four recommended candidates. UI faculty, staff and student groups passed resolutions of no confidence in regents’ leadership last week.
The Gazette
December 20, 2006
IOWA CITY — The University of Iowa has paid more than $211,000 for the presidential search so far, new documents released by the regents office Tuesday show. That’s up from more than $195,000 reported last month. It includes nearly $9,500 in hotel, catering, meals and travel during interviews on Nov. 10 and 11 of seven candidates in Des Moines by all nine regents, a search committee and campus advisory committee members.
Also: $1,115 for a brochure and $2,978 for travel to Iowa City by Regent Teresa Wahlert, who led the first search committee, and by Regents Executive Director Gary Steinke and Regents President Michael Gartner.