[Vision2020] ID Public Records Law: UI

[Donovan Arnold]

Saundra,
 
I have found that you cannot really sue the University of Idaho for two reasons, it is the State, and they have every half-way decent lawyer on retainer within 75 miles. 
 
But I did discover when they ignored the American with Disabilities Act you can get them to comply by filing a complaint with the Department of Education. The Department of Education will force them to comply with federal law, or they cut funding for the University. This gets their attention and your problem is usually solved right away by the President of the University or another high ranking administrator. 
 
I speak from experience only, but, If I were you, I would decide "exactly" what information and records you wanted. Write a letter detailing the request and citing "The Privacy Act of 1974" Or 5 U.S.C. § 552a, Public Law No. 93-579.
 
If you don't get a response within 30 days, send another exact letter by certified mail. If you still don't get a response file a complaint with the US Department of Education and the US Department of Justice, with a copy of the certified letter requesting the information. 
 
Keep in mind, however, this could take a long, long, time to get results. As the Federal Government moves at the speed sub-snail. The best way to get information is to simply talk to the people that have it and ask them for it. Most people are very kind and willing to help out others if they are able to do so. 
 
Donovan Arnold
 
 
 


--- On Sun, 10/4/09, Saundra Lund <v2020 at ssl.fastmail.fm> wrote:


From: Saundra Lund <v2020 at ssl.fastmail.fm>
Subject: [Vision2020] ID Public Records Law: UI
To: "'Moscow Vision 2020'" <vision2020 at moscow.com>
Cc: board at osbe.idaho.gov, governor at gov.idaho.gov
Date: Sunday, October 4, 2009, 6:13 AM


Visionaries:

As some of you know, I'm on a quest to understand why UI employees pay so
much more for health insurance than other state employees, and Rose Huskey
has kindly been helping.

The cost difference is shocking -- we're not talking chump change here.  For
those interested in details, an employee in the state insurance pool with a
spouse and two children pays $109 per MONTH for decent Blue Cross of Idaho
PPO coverage while it would cost a UI employee about $191 PER PAY PERIOD for
similar but inferior coverage.  This doesn't include the mandatory $5.50 per
pay period "wellness" TAX Moscow campus employees are assessed.

Reviewing publicly available information has raised more questions about
what in the world is going on than have been answered.

The unfortunate situation is that the UI has been . . . less than responsive
to our questions and to public records requests.  Indeed, it's been
suggested more than once that the UI's secrecy and unwillingness to offer
reasonable explanations is reminiscent of previous UI scandals.

It doesn't help the situation that the UI chose -- unbeknownst to employees
-- to get into bed with a *huge* Tea Bagger, and that publicly available
information points the finger at this tea bagger and his company for the
September, 2008 deductible debacle.

In any case, the UI has opted to completely ignore one public records
request -- the clock is still ticking on a second public records request.
According to public records law, failure to respond within ten business days
of a request deems the request denied, and the only recourse is district
court.  It certainly doesn't speak well of UI counsel that they can't even
compose a basic denial letter that complies with Idaho Public Records law.

So, the purpose of this post is to ask if any Visionaries have needed to go
to district court to force compliance with Idaho Public Records law?  If so,
Rose & I would greatly appreciate hearing from you, either here on the Viz
or privately, particularly if you've opted to represent yourself because we
lack resources to retain an attorney to force the UI to comply with Idaho
Public Records Law.


As Always TIA,
Saundra Lund
Moscow, ID

The only thing necessary for the triumph of evil is for good people to do
nothing.
~ Edmund Burke

***** Original material contained herein is Copyright 2009 through life plus
70 years, Saundra Lund.  Do not copy, forward, excerpt, or reproduce outside
the Vision 2020 forum without the express written permission of the
author.*****









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