Iowa Public Information Board Says Complaint Legally Insufficient
August 19th, 2022
Oskaloosa, Iowa – The Iowa Public Information Board (IPIB) recently ruled that a complaint filed by Nicholas Ryan was dismissed as legally insufficient under Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Nicholas Ryan filed a formal complaint on July 6th, 2022, alleging that the South Central Regional Airport Agency or SCRAA had violated Iowa Code chapter 21 during their June 28th, 2022 meeting.
He alleged that he asked the Board what litigation was going to be discussed, referencing the recent decision by the Iowa Supreme Court allowing Mahaska County to leave a 28E agreement that created the airport board, and in turn, the airport project.
Ryan said he got no response from the SCRAA Board regarding what litigation they would discuss. Ryan also questioned why one member of the SCRAA Board wasn’t allowed to participate in the closed session.
In response to the complaint, the letter from the IPIB stated the closed session was to discuss the opinion filed by the Iowa Supreme Court on June 24th, 2022.
The response by the IPIB also said that the SCRAA Board member excluded from the closed session was appointed by Mahaska County, “an adverse party to the SCRAA in the litigation,” and Iowa Code allows the exclusion of a member in limited circumstances.
The letter from the IPIB says, “Iowa Code section 23.8 requires that a complaint be within the IPIB’s jurisdiction, appear legally sufficient, and could have merit before the IPIB accepts a complaint. This complaint does not meet the necessary requirements for acceptance.”
Oskaloosa News reached out to Ryan for a comment on the IPIB decision. His response was as follows, “I think much like the initial district court decisions regarding this matter… it may require a second opinion. The extremely creative interpretations of the law by the cities and the SCRAA, and the initial decisions of State agencies, namely the lower courts, is what got us here in the first place. I look forward to seeking additional opinions on the PIBs decision regarding the SCRAA’s suspicious behavior and potential violations of law from other attorneys and state authorities.”
