Iowa Public Information Board Combines SCRAA Complaints

Des Moines, Iowa – The Iowa Public Information Board met on February 15th, 2024, to discuss the four complaints filed by Mahaska County residents that the SCRAA “Executive Committee” of representatives Jim Hansen (Chair) from Oskaloosa and Kevin Gaul from Pella (Vice-Chair), and with city representatives Amal Eltahir (Oskaloosa), and Mike Nardini (Pella) who are the city managers for each community, held potentially illegal meetings.

The IPIB moved to combine the four complaints into a single case. You can read the meeting packet by clicking the link HERE.

The IPIB has determined that the Executive Committee of the SCRAA is a government body under Iowa Code Chapter 21.

The SCRAA owns four parcels of land, which it has been leasing to private individuals for farming.

On September 13 and November 21, 2023, the Executive Committee held private meetings concerning, among other things, the farm leases.

SCRAA legal representative Amy Beattie argued the executive Committee would be in place once the airport is operational. “We are so far from that at this point.”

Beattie told the Board, “We had no intent of whatsoever to be in violation of Iowa Code Chapter 21.”

“Will make sure that going forward, that anything is posted. We won’t take a chance on that,” Beattie added.

The SCRAA also argues that the Executive Committee’s recommendations do not concern “public policy issues.”

This argument fails for a number of reasons, according to the IPIB.

“First, if it were true that the Committee’s recommendations do not concern issues of public policy, there would be no reason for the Committee to submit these recommendations to the Board for deliberation and action in open session. Second, the Committee’s recommendations clearly do concern issues of public
policy—they are concerned, for example, with the leasing of publicly owned land to private individuals.”

Beattie said changes are coming, “The City of Pella and the City of Oskaloosa will be amending and restating the 28E Agreement to reflect that they are the only two parties in the SCRAA and making appropriate changes, which includes removing any reference to an Executive Committee. This is a matter that has to be handled at the City level and is not something that can be done by the South Central Regional Airport Agency. The cities are targeting a completion date of 60 days. Any amended and restated agreement requires approval of both City Councils.”

The SCRAA also agrees to publish notice of any executive committee meeting. “There have been no committee meetings since the last Board meeting, and there are none planned in the foreseeable future,” Beattie said.

An IPIB member asked Erika Eckley, Executive Director for the Iowa Public Information Board (IPIB), if any of those comments made by Beattie changed her conclusions. Eckley responded, “Short answer would be no, and the executive Committee was created in the 28E agreement. The Executive Committee has been operational for 11 years now, providing recommendations to the airport agency.”

Another Board member added, “To me, this seems like a governmental body. I don’t think there’s a question about that.”

He said, “If they’re recommending items to be added to the agenda, that, to me, would appear to be within Chapter 21 rules.”

In a question to the SCRAA attorney’s earlier comment, a third board member asked, “If the agreement isn’t in effect, how did these people get appointed?”
Under Iowa Code § 21.2(1)(j), the SCRAA Executive Committee is a governmental body. Thus, it is subject to Chapter 21’s open meeting requirements when a majority of its members gather to deliberate or act within the scope of its duty to develop and make recommendations on public policy issues.”

John Bandstra, one of the complainants, shared his thoughts during the public comments portion of the meeting.

“My first comment is that not all the comments are in the packet. There are multiple comments that are missing. And one of those comments concerns this very Board. You have a board member here today that appears to be married to one of the South Central Regional Airport members. That can be construed as a conflict.”

Bandstra went on to say, “I’d also like to say that in regards to this case, future promises do not eliminate past actions. The actions that were taken have financial influence and consequences that were made during those meetings.”

Jack Rempe, one of the landowners, in a written statement to the IPIB, said, “We believe that the SCRAA has indeed violated the open meetings laws set by the state of Iowa. This was confirmed with the emails that were obtained by the Oskaloosa Herald. The only way to settle this, is not by rewriting an 28E agreement(which was not considered legal by The Iowa Supreme Court) between Oskaloosa and Pella, but to sell all the parcels of land and disband the SCRAA.”

The board then moved and seconded a motion to combine the four complaints against the SCRAA into a single case.

The Iowa Public Information Board (IPIB) is a state agency in Iowa that was established to oversee and enforce the provisions of Iowa’s open meetings and public records laws. Created by the Iowa Legislature, its mission is to ensure that government actions and records are open and transparent to the public, promoting accountability and trust in government.

The IPIB provides a mechanism for addressing complaints and disputes regarding open meetings and public records. It guides the public and government entities on the requirements of Iowa’s open meetings (Iowa Code Chapter 21) and public records (Iowa Code Chapter 22) laws. This includes interpreting the laws, offering advisory opinions, and, when necessary, investigating complaints and enforcing the law.

The Board comprises members appointed by the Governor and confirmed by the Iowa Senate, representing various stakeholders, including the media, government officials, and the public. This composition ensures a balanced approach to issues of transparency and confidentiality.

The IPIB’s activities include:

• Providing training and education on open meetings and public records laws.
• Issuing advisory opinions on the interpretation of these laws.
• Serving as a forum for resolving complaints related to government transparency.

Suppose the IPIB determines that a violation has occurred. In that case, it has the authority to take various actions, including recommending mediation, issuing orders for compliance, and, in some cases, initiating legal action to enforce the laws.