By PETER HUSSMANN
The Newton City Attorney has made an open records request to the counsel for the Skiff Medical Center Board of Trustees seeking copies of "confidentiality agreements" allegedly signed by board members at the request of its consulting firm B.E. Smith.
In a letter dated Tuesday to Edwin McIntosh of the Dorsey & Whitney law firm in Des Moines, Newton City Attorney Darrin Hamilton is requesting copies of any confidentiality documents signed by Skiff board members.
"B.E. Smith has requested members of the Skiff Hospital Board of Trustees to sign a document or documents regarding confidentiality," the letter states. "At the direction of the Mayor, I am requesting a copy of these 'confidentiality agreements.'"
Hamilton goes on to note a section of state code that prohibits an elected board from denying access to a public document by contracting with a nongovernmental entity.
"Presumably the Skiff Hospital Board of Trustees are aware that a 'governmental body shall not prevent the examination or copying of a public record by contracting with a nongovernment body to perform any of its duties or functions," Hamilton writes citing Iowa Code Chapter 22.2 (2).
"Should this open records request be denied, please advise what section or sections of the Iowa Code are being relied upon in determining the requested record(s) is/are not an open record," the letter continues. "To the extent the document can have redactions so non-confidential information can be provided, it is requested this be done."
In September, Skiff Medical Center denied the City of Newton's official public records request for the operational assessment conducted by B.E. Smith.
In denying that request, the hospital concluded "that the confidentiality of marketing and advertising budget and strategy records may be protected."
Baxter Mayor Steve Smith was also denied a copy of the operational assessment. He has since taken the matter to the Iowa Attorneys General office seeking clarification on whether the document may be released as a public record in whole or in part. He is also seeking direction concerning the hiring of the B.E. Smith firm to conduct the follow through on the operational assessment's findings.
The Newton Independent was also denied its request for the operational assessment. However, the hospital did provide the N.I. its request for the contracts with B.E. Smith that show the consulting firm stands to collect more than $1 million in fees over the course of its contractual timeframe for services to Skiff Medical Center.
Hamilton's letter seeking the "confidentiality agreements" was sent to all members of the Newton City Council, all hospital board trustees, Interim Skiff CEO Francie Jahn, Newton City Administrator Tom Wardlow, as well as counsel for the city-owned hospital.
