Food Bank of Iowa contract prohibits public disparaging
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The Food Bank of Iowa (FBOI) is requiring the charities it assists to sign a contract prohibiting both parties from publicly disparaging one another, according to an unsigned copy obtained by Axios.
Why it matters: It shows an aversion to criticism that can keep donors — including government entities and taxpayers — in the dark, Randy Evans, executive director of the Iowa Freedom of Information Council, tells Axios.
Catch up fast: The food bank is like a wholesale distributor and provides hundreds of central Iowa charities access to federal commodities like milk and eggs.
- Many of the Des Moines Area Religious Council (DMARC) food banks still have no access to those commodities following an almost year-long contract dispute with the FBOI.
Driving the news: FBOI's executive committee last week denied contract revisions that the Drake Area Food Pantry proposed in order to sign it, including rewording a clause which read, "We will publicly support one another and will not publicly disparage one another."
- The Drake site is affiliated with DMARC and, like two other Polk County government-sponsored pantries, remains without an FBOI contract.
Zoom in: The proposed contract changes were both for clarity and to remain in compliance with other funding requirements, Anne Bacon, CEO of IMPACT, the group that helps run the Drake pantry, tells Axios.
- The clause about public disparagement was recently added to pending contracts and was not in the versions offered last year, Bacon says.
The other side: The language speaks to "collaboration, integrity and ethical behaviors for all parties," FBOI spokesperson Annette Hacker tells Axios.
- Hundreds of FBOI partners have "universally accepted" the contracts, which are reviewed annually by the Iowa Department of Health and Human Services, she says.
What they're saying: The public disparagement clause is not that different from terms commonly found in nondisclosure agreements, Joe Schomberg, an assistant law professor at Drake University, tells Axios.
Yes, but: It's not hard to imagine the meaning of the provision potentially being disputed by either party, Schomberg says.
Meanwhile, Evans contends the FBOI's contract language means less public dialogue about important problems such as the ongoing contract disputes.
- "Such organizations rely on the support of the public," he says. "But you don't build public support and confidence through forced secrecy."
What's next: IMPACT hopes for further discussions with FBOI officials, Bacon says.