University of Birmingham
Incomplete, Challenged original response, an absolute refusal of information
-- Original Response (20 Nov 2014): Birmingham1.pdf
-- Follow-Up Response (23 Dec 2014): Birmingham2.pdf
-- Review Response (19 Mar 2015): Birmingham3.pdf
From: JJ Hermes
Sent: 20 October 2014 12:14
To: foi@contacts.bham.ac.uk
Subject: FOI request
To whom it may concern,
I respectfully request the following information under the Freedom of Information (FOI) Act:
1. The names and titles of all senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. These individuals are considered "higher-paid staff" by the Higher Education Funding Council (HEFCE).
2. Please identify the number of individuals identified in the first request who are (a) tenured faculty, (b) clinical staff, or (c) serve in a non-classroom capacity, such as administrative staff.
3. The total emoluments for the past five (5) years for each of the senior staff identified in the first request.
There is wide precedent across publicly funded entities in the UK of regularly disclosing this type of information. The Accounts and Audit (Amendment no 2) Regulations of 2009 require local authorities to publish the actual salaries, allowances, bonuses, compensation and employer's pension contributions paid to each employee who earned over £50,000, and in addition to publish the names of those staff who earned over £150,000 (http://www.legislation.gov.uk/uksi/2009/3322/made). It is not necessary to disclose the exact salary of the employees earning more than £150,000, but rather to quote that amount in bands of £10,000, as directed by the HEFCE.
The request holds significant public interest, given that the university is a publicly funded institution of higher education that derives a significant portion of funding from public taxation. In addition, openness is, in itself, something in the public interest in promoting accountability and transparency in the spending of public money. As suggested by the Information Commissioner's Office, "It is reasonable to expect that a
public authority would disclose more information relating to senior employees than more junior ones. Senior employees should expect their posts to carry a greater level of accountability." Employees earning more than £150,000 annually can be considered senior employees, since this compensation is more than twice the highest grade on the human resources salary scale.
I look forward to hearing back from you regarding this request. Please do not hesitate to contact me with any follow-up questions. I would prefer all correspondence be sent digitally through this e-mail address, including the response to this request. Thank you for your time in addressing this query.
Sincerely,
JJ Hermes
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On Tue, Oct 21, 2014 at 11:04 AM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Jhermes
Thank you for your request for information below which the University of Birmingham is processing under the terms of the Freedom of Information Act 2000.
In some circumstances a fee may be payable and if that is the case, we will let you know. If a fee is payable a fees notice will be issued to you, and you will be required to pay before we will proceed to deal with your request.
If you have any queries about this email, please contact us. Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
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On Tue, Nov 18, 2014 at 11:15 AM, JJ Hermes wrote (RE: FOI request - [Ref: 2014.10.312]):
To whom it may concern,
On 20 Oct 2014, I submitted a request for information from the University under the Freedom of Information (FOI) Act regarding emoluments for senior members of staff for the year ended 31 July 2014.
Your response should have been provided by 17 Nov 2014, as 20 business days have now passed since my initial request. Please let me know when you will be able to reply to my FOI request.
I look forward to hearing back from you.
Sincerely,
JJ Hermes
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On Tue, Nov 18, 2014 at 12:24 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
Please accept our apologies for the delay in responding to your request.
Unfortunately due to unforeseen circumstances it is taking longer to deal with your request.
Please be assured that the University will respond as soon as it able.
If you have any queries about this email, please contact us. Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
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On Thu, Nov 20, 2014 at 12:24 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
Further to your recent request for information please see the attached response. If you have any queries please do not hesitate to contact us.
Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
Attachment: Birmingham1.pdf
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On Wed, Dec 3, 2014 at 8:53 AM, JJ Hermes wrote (RE: FOI request - [Ref: 2014.10.312]):
To whom it may concern,
I write to respectfully dispute your response to my 20 Oct 2014 FOI request for information about senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. As a reminder, that request comprised three parts:
1. The names and titles of all senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. These individuals are considered "higher-paid staff" by the Higher Education Funding Council (HEFCE).
2. Please identify the number of individuals identified in the first request who are (a) tenured faculty, (b) clinical staff, or (c) serve in a non-classroom capacity, such as administrative staff.
3. The total emoluments for the past five (5) years for each of the senior staff identified in the first request.
I understand from your 20 Nov 2014 response that the University reserves the right to withhold public disclosure of individual staff and their salaries as refusal Notice 3, which was part (1) of this request. However, the University has completely ignored parts (2) and (3) of this request. Thus, I request the University respond to this original request in full:
Please identify all senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. Please categorize them as one of the following, as per part (2) of this request: (a) academic staff, (b) clinical staff, or (c) senior management. Then, please provide the annual emoluments for the past five (5) years for each of the senior staff making more than £150,000 in total emoluments identified in the first part of this request. Please identify by name and title all members of the University's senior administrative team and management (e.g., staff in the Vice-Chancellor's Office such as pro-vice-chancellors, chief financial officer, chief operating officer, directors of institutes, etc.).
I have submitted this identical request to each of the 24 members of the Russell Group of universities, and a response from the University of Exeter (attached) exemplifies what I consider a complete fulfillment of my request. Note that it protects the personal data of all senior staff with the exception of the senior management team, and provides salary information in bands of £10,000 annually for the past five years. This information is not accessible from the University by any other means than a FOI request, so your Refusal Notices 1 and 2 are not relevant to my request.
Moreover, a First-Tier Tribunal has ruled in a very similar case that universities must disclose the names/titles and salaries of all members of the PSS (Professional Services staff; ie, the senior management team) making more than £100,000 in total emoluments. The Information Commissioner's Office found in case FS50513117 dated 17 Feb 2014 that King's College London must release the names/titles and salaries of *all* staff making more than £100,000 in total emoluments (http://ico.org.uk/~/media/documents/decisionnotices/2014/fs_50513117.pdf). However, the First-Tier Tribunal ruled on 2 Oct 2014 in Case No. EA/2014/0054, an appeal from King's College, that only the names and salaries of members of the PSS (Professional Services staff; ie, the senior management team) making more than £100,000 in total emoluments are subject to disclosure (http://www.informationtribunal.gov.uk/DBFiles/Decision/i1390/Kings%20College%20London%20EA.2014.0054%20(30.09.14).pdf).
I appreciate your response in full to this request under the Freedom of Information Act of 2000. I look forward to hearing back from you regarding this request. Please do not hesitate to contact me with any follow-up questions. I would prefer all correspondence be sent digitally through this e-mail address, including the response to this request. Thank you for your time in addressing this query.
Sincerely,
JJ Hermes
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On Mon, Dec 8, 2014 at 3:42 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
We acknowledge receipt of your email below.
If you have any queries about this email, please contact us. Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
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On Tue, Dec 23, 2014 at 12:40 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
Further to your email received on 3 December 2014 please see the attached response. If you have any queries please do not hesitate to contact us.
Regards
Freedom of Information Team
University of Birmingham
-- Attachment: Birmingham2.pdf
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On Tue, Jan 27, 2015 at 10:29 AM, JJ Hermes wrote (RE: FOI request - [Ref: 2014.10.312]):
To whom it may concern,
Thank you for your positive response on 23 Dec 2014 to my 20 Oct 2014 FOI request for information about senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014.
I would ask for two additional points of clarification in your response:
- Instead of summing the salary information over five years, could you please provide the information per member of staff, so that their annual salaries can be tracked over this five-year period?
- Additionally, could you please provide an explanation as for why the university feels as though it can disclose the salary information for nearly all of its clinicians making more than £150,000 in total emoluments, but not its four administrative staff making more than £150,000 in total emoluments? What makes these members of staff -- who are arguably the least likely to have an expectation of privacy, given their prominence in University decision-making -- granted special dispensation to hide their salary information from the public?
I look forward to hearing back from you, and please do not hesitate to contact me with any follow-up questions.
Sincerely,
JJ Hermes
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On Fri, Jan 30, 2015 at 10:47 AM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
We acknowledge receipt of your email below.
Regards
Freedom of Information Team
University of Birmingham
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On Mon, Mar 16, 2015 at 11:01 AM, JJ Hermes wrote (RE: FOI request - [Ref: 2014.10.312]):
Could you please let me know when I can expect a response regarding my points of clarification to your FOI response? It has been well more than 20 business days since I submitted this request for clarification. Thank you.
Sincerely,
JJ Hermes
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On Mon, Mar 16, 2015 at 4:16 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes
We apologise for the delay in responding to you. The University is considering your response and will respond to you as quickly as it is able.
If you have any queries about this email, please contact us. Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
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On Mon, Mar 16, 2015 at 4:18 PM, JJ Hermes wrote (RE: FOI request - [Ref: 2014.10.312]):
Thank you for your response regarding Ref: 2014.10.312. Please respond to this request for a review in full by Friday 20 Mar 2015, or I will formally complain to the Information Commissioner's Office.
Sincerely,
JJ Hermes
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On Thu, Mar 19, 2015 at 3:50 PM, FOI (foi@contacts.bham.ac.uk) wrote (RE: FOI request - [Ref: 2014.10.312]):
Dear Mr Hermes,
Further to your email of the 16 March 2015 please find attached the University of Birmingham's response.
If you have any queries about this email, please contact us. Please remember to quote the reference number above in any future communications.
Regards
Freedom of Information Team
University of Birmingham
-- Attachment: Birmingham3.pdf
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