Statement from Luke Britt, Indiana Public Access Counselor
Please be advised I am in receipt of Ivy Tech’s request for reconsideration of the matter in 16-FC-302. I will always review when asked, but it is the usual course of practice of this office not to amend published opinions unless I or my staff have committed an egregious error. The way I interpreted Ivy Tech’s original response was that they were using “termination” as a term of art to distinguish it from being “discharged” as contemplated by the statute. As I stated in my opinion, any involuntary separation of a public employee demands a public record stating a factual basis. This includes downsizing, a violation of policy, malfeasance or wrongdoing, or a performance deficiency. The public policy being, of course, that all public employees are stewards of the public’s trust and resources. If an agency considers a public employee to have lapsed in her responsibilities to that agency – for whatever named reason – the public has the right to know. This includes situations when an employee is issued an ultimatum to resign or face termination.

In Mr. Lux’s request for reconsideration, Ivy Tech is now stating the personnel report listing the employee’s status as ‘termination’ was a clerical error. If accurate, that argument should have been stated in the original response. After review, my original interpretation stands and the opinion will not be revised. The opinion is merely advisory. Please note that I only made a recommendation as opposed to a conclusive determination. It is neither a mandate nor an enforceable order. I believe the opinion still serves as good guidance. The process was an educational exercise for both parties and those who read it.
Indiana's public access counselor isn't changing his opinion that Ivy Tech Community College officials should explain why the college's regional financial director is no longer employed at the college.

"... any involuntary separation of a public employee demands a public record stating a factual basis. This includes downsizing, a violation of policy, malfeasance or wrongdoing, or a performance deficiency. The public policy being, of course, that all public employees are stewards of the public’s trust and resources," PAC Luke Britt wrote in a statement issued this week.

"If an agency considers a public employee to have lapsed in her responsibilities to that agency – for whatever named reason – the public has the right to know. This includes situations when an employee is issued an ultimatum to resign or face termination," he wrote.

Despite this, Ivy Tech administrators still won't explain why the financial director is no longer employed there.

No additional information will be released, Jeff Fanter, a senior vice president with the college's Indianapolis office, said via email.

Karen Vargo, executive director of finance, facilities and security for the college’s north-central and northwest regions, left the college on Sept. 30. Her salary was $116,091 per year.
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