Better mix of information, privacy

By The Gazette Editorial Board

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The controversy still swirling around Gov. Terry Branstad's speeding SUV and the fired Division of Criminal Investigation agent who called it in might just lead to a welcome change in Iowa's open records laws.

DCI Agent Larry Hedlund was placed on leave shortly after he witnessed Branstad's SUV doing a “hard 90” on U.S. Highway 20 in April and was fired earlier this month. State officials, including the governor, insist his firing had nothing to do with the speeding incident. Hedlund and his attorney disagree.

Branstad says he's read a 500-page personnel report proving the firing was unrelated and appropriate. But the governor says he can't talk about it, because of state laws that shield personnel records from public view. Iowa Code chapter 22.7 says such records are confidential “unless otherwise ordered by a court, by the lawful custodian of the records, or by another person duly authorized to release such information.”

The state is the lawful custodian, but officials contend disclosure could lead to legal action. Branstad has called on Hedlund to release the information. And the governor wants the new Iowa Public Information Board to look at possible changes that would allow the release of personnel records in high-profile cases.

Aside from the current, ongoing dust-up, we think Branstad is on to something.

Too often, the personnel exemption to open records laws is wielded to keep Iowans from knowing what's going on within the public institutions they pay for with their taxes. Universities use the exemption to close the door on further examination of campus incidents. School districts use it to cast a shadow over the precise reasoning for firing educators and administrators. Top state employees with considerable authority are let go and the public knows little.

These decisions matter, and Iowans deserve to know why they're made.

We think a better balance can be struck between the public's right to know and employees' need for privacy. Keith Luchtel, executive director of the Public Information Board, says the panel will look into the personnel exemption, which he says have been the subject of debate for decades. We're eager to watch that discussion unfold.

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