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SIU President defends university's FOIA decision

by jason lee, the southern

Tuesday, September 5, 2006 6:11 AM CDT

CARBONDALE - Southern Illinois University President Glenn Poshard has defended the university's decision to withhold copies of employment contracts in the wake of a lawsuit filed by two Southern Illinois newspapers.

Poshard said while salary and benefits of university officials are public record, other information contained in employment contracts could be protected under state privacy laws.

"Contracts include a lot more than just salary and benefits," Poshard said. "In contracts, with public employees, sometimes the university requires other things."

Poshard's contract with the university, for example, includes a provision that requires him to periodically provide statements from his cardiologist stating he is "physically able to carry out the job."

"When the board appointed me, I told people I have a heart condition, and I didn't try to hide that at all," he said. "It's one thing for me to do that on my own, but there are privacy issues with the university releasing such information about employees to the public. Privacy laws cover a lot of things."

Filed Aug. 22 in Sangamon County Circuit Court by the Anna Gazette-Democrat, its publisher Jerry Reppert and The Southern Illinoisan, the lawsuit argues that on April 12, the university unjustly rejected a Freedom of Information Act request for copies of employment contracts for SIUC Chancellor Walter V. Wendler, as well as Poshard, former SIU President James Walker, Paul Simon Public Policy Institute Director Mike Lawrence and visiting professor John Jackson.

The FOIA request, filed March 31 by the Anna Gazette-Democrat, asked the university to provide copies of contracts from 2001 to 2006. The university also denied an appeal of the decision April 28, the lawsuit states.

Enacted in 1984, the Illinois Freedom of Information Act is designed to allow open access to government records while still protecting government interests and privacy of individuals. The primary mandate of the act states that "each public body shall make available to any person for inspection or copying all public records."

Donald M. Craven, attorney for the plaintiffs, said the state constitution requires disclosure of any contract that requires public funding.

In denying the FOIA request, the university cited an "invasion of privacy" exemption related to a past court decision in Peoria, Craven said. The decision cited by the university should not apply to this case and should be clarified, Craven said.

"These contracts are paid for with public dollars and should be made public," Craven said.

SIUC General Counsel Jerry Blakemore did not return phone calls requesting comment.

Lawrence said he would provide a copy of his contract to anyone who requested it, adding that no one from the Anna Gazette-Democrat had contacted him personally to ask for a copy.

"If someone wants my contract, they're welcome to it," Lawrence said. "My life's been an open book for 20 years."

Lawrence said he was unaware the university had denied a FOIA request relating to his contract until he learned of the lawsuit.

"The university's actions, as I've been told, are based on legal advice," Lawrence said. "My general inclination is the public sector ought to be transparent."

Jackson also said he would provide a copy of his employment contract but hadn't been asked for one individually from either newspaper.

The lawsuit, which names Wendler and SIUC as defendants, requests the immediate release of the contracts as well as an award equal to costs incurred relating to the suit.

jason.lee@thesouthern.com

(618) 351-5031