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University of Cambridge

Partially Complete: Non-Disclosure of Names of 11 Non-Academic Staff
-- Original Response (12 Nov 2014): Cambridge1.pdf
-- Review Response, Denying Non-Academic Names (6 Jan 2015): Cambridge2.pdf

From: JJ Hermes
Sent: 20 October 2014 12:15
To: foi@admin.cam.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
On Mon, Oct 20, 2014 at 12:07 PM, FOI (foi@admin.cam.ac.uk) wrote (FOI-2014-373 (Hermes)):

This is to acknowledge receipt of your request for information. Your reference number is given in the subject line of this email. We will respond on or before 17 November 2014.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk
On Wed, Nov 12, 2014 at 4:32 PM, FOI (foi@admin.cam.ac.uk) wrote (FOI-2014-373 (Hermes) response):

Further to your request for information, please find attached the University's response.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk

-- Attachment: Cambridge1.pdf
On Wed, Dec 3, 2014 at 8:55 AM, JJ Hermes wrote (RE: FOI-2014-373 (Hermes) response):

To whom it may concern,

Thank you for your positive response on 12 Nov 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, FOI-2014-373 (Hermes). 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 would ask for two additional points of clarification in your response:

1. Could you please confirm that there are eight members of staff (Person 7, Person 15, Person 21, Person 35, Person 36, Person 70, Person 76, Person 100) whose salaries were less than £100,000 in 2012/13 and had a salary of more than £150,000 in 2013/14. Additionally, could you please confirm the salary in 2009/10 for Person 78, which went from £10,000-20,000 to £200,000-£210,000 in just one year. I am simply checking for any mistyped entries in the University's response.

2. Could you please identify by name and title all members of the University's senior administrative staff (e.g., pro-vice-chancellors, chief financial officer, chief operating officer, directors of institutes, etc.).

Supporting evidence for the second point of clarification comes from 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
On Fri, Dec 5, 2014 at 11:34 AM, FOI (foi@admin.cam.ac.uk) wrote (Re: FOI-2014-373 (Hermes) follow up):

Dear Mr Hermes,

To answer your points of clarification:

1. All of the information supplied was accurate. In each case the individual started employment part-way through the year in question.

2. The University of Cambridge does not have a committee or group that equates to the "Principal's Central Team" as described in the First-tier Tribunal decision concerning King's College London (EA/2014/0054), nor does it hold a list of "senior administrative staff".

The University has handled the subsidiary enquiries in your email of 3 December 2014 as a further part of your original request dated 20 October 2014. Your right to seek a review therefore remains as set out in the letter from the Information Compliance Officer dated 12 November 2014.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk
On Tue, Dec 9, 2014 at 3:33 PM, JJ Hermes wrote (Re: FOI-2014-373 (Hermes) follow up):

To whom it may concern,

Thank you for your 5 Dec e-mail correspondence clarifying two points in your response to my 20 Oct FOI request, FOI-2014-373 (Hermes).

As a point of clarification to your second response -- "The University of Cambridge does not have a committee or group that equates to the 'Principal's Central Team' as described in the First-tier Tribunal decision concerning King's College London (EA/2014/0054), nor does it hold a list of 'senior administrative staff'" -- I would set out that all 12 members of staff identified in your 12 Nov response as "non-academic" and making more than £150,000 in total emoluments are by any reasonable definition "senior administrative staff" and should be identified by name and title for this request.

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
On Wed, Dec 10, 2014 at 10:16 AM, FOI (foi@admin.cam.ac.uk) wrote (Re: FOI-2014-373 (Hermes) follow up):

Dear Mr Hermes,

Your email of 9 December 2014 does not constitute a new request for information under the Act but rather asks again the questions raised in your original email of 20 October 2014 in relation to specific members of non-academic staff who were included in the University's original reply dated 12 November 2014. The University's 12 November 2014 letter explained the basis on which names and job titles were withheld, including in relation to the eleven members of non-academic staff in the list. If you wish the University to carry out a review of its handling of that aspect of your request, please let us know.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk
On Wed, Dec 10, 2014 at 1:57 PM, JJ Hermes wrote (Re: FOI-2014-373 (Hermes) follow up):

To whom it may concern,

Yes, please consider this a formal request for an internal review to the withholding of the names and titles of the 11 non-academic, senior members of staff identified in your 12 Nov 2014 response making more than £150,000 in total emoluments for the year ended 31 July 2014, FOI-2014-373 (Hermes). As a reminder, my original 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.

Support for naming the 11 non-academic members of staff comes from a First-Tier Tribunal decision 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). Non-academic managers (for example, the registrar, the finance director, bursars, etc.) making more than £150,000 in total emoluments are no doubt members of a senior management team whose names and salaries should be made public in light of the First-Tier Tribunal's 2 Oct 2014 ruling.

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
On Wed, Dec 10, 2014 at 2:25 PM, FOI (foi@admin.cam.ac.uk) wrote (FOI-2014-373 (Hermes) review):

This is to acknowledge receipt of your request for a review of our handling of request number FOI-2014-373. We will respond on or before 13 January 2015.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk
On Tue, Jan 6, 2015 at 4:17 PM, FOI (foi@admin.cam.ac.uk) wrote (FOI-2014-373 (Hermes) review response):

Further to your request for a review, please find attached the University's response.

Regards,

Freedom of Information Office
University of Cambridge
Registrary's Office, The Old Schools
Trinity Lane, Cambridge, CB2 1TN
T: (01223 7)64142
F: (01223 3)32332
E: foi@admin.cam.ac.uk

-- Attachment: Cambridge2.pdf