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A statement from The University of Iowa Foundation regarding the recent Iowa Supreme Court decision involving the Iowa State University Foundation
Posted February 11, 2005
IOWA CITY -- On Friday, February 4, 2005, the Iowa Supreme Court ruled that the Iowa State University Foundation (ISUF), while not a government body, is performing a government function (fund raising) because of its contractual and historical relationship to Iowa State University. In the Court's view, this makes at least some of the ISUF's records open to the public under Iowa's open records law (Chapter 22 of the Iowa Code), although the Court did not make clear which records, if any, are to be kept confidential. Even though the Court stated the ruling applied only to the Iowa State University Foundation, the decision will have possible ramifications for The University of Iowa Foundation (UIF) and other Iowa nonprofit organizations whose sole purpose is to support public universities, schools, libraries, parks, and other functions of government. The UIF management team, legal counsel, and volunteer leadership continue to evaluate the implications of this complex decision, the full impact of which may take us some time to understand. The Iowa Supreme Court remanded the case back to the District Court for further consideration that may be helpful to all of us in better understanding how specific records are to be treated. Further, the Iowa Attorney General's office may become involved to help clarify the procedural aspects of Chapter 22 regarding public records that may be held by non-governmental organizations such as the UIF. Even though these processes will take some time, the resulting clarification will be very useful to the hundreds of organizations potentially impacted by this ruling. We hope that thoughtful observers will recognize the UIF's responsibility to balance the recent media interest in our operations (even though the legal process is not complete) against the honest and understandable desire for a reasonable level of confidentiality on the part of our donors. We are taking care to proceed deliberately because the actions we take now could set a precedent for years to come. We want to respond quickly, but more important, we want to respond correctly -- and in the best interests of both the public and our donors. Over the years, the greatest public concern expressed to us has been from donors who wish to be assured that the personal and financial information they share with us will remain confidential. In administering our records policy, we will remain committed to protecting our donors' confidential information. We fully intend to build on our long history of sharing more information with the media than is legally required, and to continue to be as open and responsive as we possibly can to media inquiries. Even now we are responding to several such requests received since the Court's ruling. The UIF makes a great deal of information available to the public regarding our activities*, and we encourage the media and public to contact us directly with questions about our fund-raising performance or related operations and procedures. The UIF's mission is to support The University of Iowa for the benefit of the people of Iowa. We will continue to build on 49 years of fund-raising success, which is made possible by the trust and confidence of donors and friends who understand the critical mission we perform. We are pleased and grateful that the support and confidence of our donors helped make 2004 the most successful year in the Foundation's history. * For those who want to know more: It's important to note that Iowa's public records law applies only to government bodies, a category of organizations that does not include the UIF. With this in mind, requests for information made under Chapter 22 should be submitted directly to The University of Iowa. However, we welcome requests for information made directly to us. On the UIF web site (and otherwise available on request) is detailed information on our history, mission, and accomplishments; and about our commitment to public accountability and information sharing, which exceeds what is legally required of IRC Sec. 501(c)(3) organizations such as the UIF. For more information, visit the following links at www.uifoundation.org/about/faq/faq3.shtml:
Contact Information
Susan Shullaw Additional information about supporting UI colleges and programs also is available on this site. |