University of Liverpool
Incomplete, Original Response Total Refusal
-- Original Response (17 Nov 2014)
From: JJ Hermes
Sent: 20 October 2014 12:18
To: foi@liverpool.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 11:06 AM, foi Uof Liverpool (foi@liverpool.ac.uk) wrote (RE: FOI request):
Dear Mr Hermes,
Thank you for your email of 20th October 2014 requesting information about senior staff salaries. I am writing to let you know that we have received your request and will process it as soon as possible, and in any case within 20 working days of the day we received the request. You will hear back from us by 17th November 2014 at the latest.
Yours sincerely,
Mrs Lesley Jackson
FOI Co-ordinator
The University of Liverpool
Foundation Building
765 Brownlow Hill
LIVERPOOL L69 7ZX
Fax: 0151 794 3272
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On Mon, Nov 17, 2014 at 2:14 PM, foi Uof Liverpool (foi@liverpool.ac.uk) wrote (RE: FOI request):
Dear Mr. Hermes,
Thank you for your email of 20th October 2014 requesting the names and titles of all senior staff members earning more than £150,000, their staffing classification and emoluments for the past 5 years.
Although the University does hold the information requested it will not supply it because this information is exempt under Section 40 (Personal Information) of the Freedom of Information Act 2005 (FOIA) and is therefore being withheld.
Section 40 confirms that a request for personal information about other individuals is exempt from disclosure if it does not comply with the principles set out in the Data Protection Act 1998. Personal data is defined as data relating to a living individual who can be identified from those data and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual. In this instance the University is the data controller and it has a legal obligation to protect the personal data of the individuals you refer to. The information is therefore exempt from disclosure.
You will be aware that the Information Tribunal decision in the Kings College London case is subject to appeal and therefore, the details of salaries for senior staff members will not be disclosed until the law on this matter is clarified.
If you are not satisfied with the University's response to your request, you may ask the University to review it. If you wish to do this, please write to the Freedom of Information Reviewer, Legal, Risk & Compliance, The University of Liverpool, The Foundation Building, 765 Brownlow Hill, Liverpool, L69 7ZX (email foi@liverpool.ac.uk), enclosing a copy of your original request and explaining your complaint. Please include an address for correspondence.
If you remain dissatisfied with the handling of your request, you ave a right to appeal to the Information Commissioner at:-
The Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Telephone: 08456 30 60 60 or 01625 54 57 45
Website: www.ico.gov.uk
Yours sincerely,
Lesley Jackson
Freedom of Information Co-ordinator
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On Wed, Dec 3, 2014 at 9:02 AM, JJ Hermes wrote (RE: FOI request):
Dear Lesley,
I appreciate your e-mail regarding 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 17 Nov 2014 response that the University is waiting until the matter involving King's College London is clarified. In summary, the First-Tier Tribunal ruled 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. Prior to that, 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).
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.
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 Tue, Jan 27, 2015 at 10:31 AM, JJ Hermes wrote (RE: FWD: FOI request):
To whom it may concern,
On 3 Dec 2014, I requested a review of your response to a FOI request I submitted on 20 Oct 2014 for information about senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. It has been well more than 20 working days since I last heard from you regarding a review of my FOI request. Could you please let me know where that now stands?
Sincerely,
JJ Hermes
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On Tue, Feb 17, 2015 at 8:45 AM, JJ Hermes wrote (RE: FWD: FOI request):
To whom it may concern,
On 3 Dec 2014, I requested a review of your response to a FOI request I submitted on 20 Oct 2014 for information about senior staff members making more than £150,000 in total emoluments for the year ended 31 July 2014. It has been well more than 20 working days since I last heard from you regarding a review of my FOI request. Could you please let me know where that now stands?
Sincerely,
JJ Hermes
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On Tue, Mar 3, 2015 at 2:07 PM, foi Uof Liverpool (foi@liverpool.ac.uk) wrote (RE: FOI request):
Dear Mr. Hermes,
With apologies for the delay in responding, I write to inform you that your request for a review is being dealt with.
Yours sincerely,
Mrs Lesley Jackson
FOI Co-ordinator
The University of Liverpool
Foundation Building
765 Brownlow Hill
LIVERPOOL L69 7ZX
Fax: 0151 794 3272
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