Date:
08/18/2022
Subject:
Nicholas Ryan/South Central Regional Airport Agency - Dismissal Order
Opinion:
The Iowa Public Information Board
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In re the Matter of: Nicholas Ryan, Complainant And Concerning: South Central Regional Airport Agency, Respondent |
Case Number: 22FC:0065
Dismissal Order
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COMES NOW, Margaret E. Johnson, Executive Director for the Iowa Public Information Board (IPIB), and enters this Dismissal Order.
Nicholas Ryan filed formal complaint 22FC:0065 on July 6, 2022, alleging that the South Central Regional Airport Agency (SCRAA) violated Iowa Code chapter 21 on June 28, 2022.
Mr. Ryan alleged that the SCRAA held a meeting on June 28, 2022, and during that meeting improperly went into a closed session. He alleged that the stated purpose for the closed session was under Iowa Code section 21.5(1)(c), to “discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation.”
When Mr. Ryan asked what litigation was to be discussed, no one answered him. He added that the only possible litigation involving the SCRAA was a matter that had recently been decided by the Iowa Supreme Court and was no longer in litigation, nor was any litigation “imminent.”1
He also alleged that one member of the SCRAA was told that he could not participate in the closed session.
Legal counsel for the SCRAA responded to the complaint on July 14, 2022. Legal counsel was present at the June 28, 2022, SCRAA meeting and advised the members that this closed session was appropriate. The purpose of the closed session was to discuss the opinion filed by the Iowa Supreme Court on June 24, 2022.
Procedendo had not yet been issued on the appeal. In addition, the Supreme Court reversed and remanded the case to the District Court for further litigation. Therefore, the matter was still in litigation and an appropriate topic for the closed session.
One SCRAA member was excluded from the closed session as he was appointed to the SCRAA by Mahaska County, an adverse party to the SCRAA in the litigation.
Iowa Code section 21.5(4) allows the exclusion of a member in limited circumstances:
4. A governmental body shall not exclude a member of the governmental body from attending a closed session, unless the member’s attendance at the closed session creates a conflict of interest for the member due to the specific reason announced as justification for holding the closed session.
Because this member was appointed to the SCRAA by an adverse party, the use of this code section to exclude his attendance at the closed session was appropriate.
Mr. Ryan also asked the IPIB to review the recording of the closed session. Iowa Code section 21.5(b)(1) requires that the detailed minutes and recording of the minutes be sealed.
The SCRAA provided sworn affidavits from the litigation attorney present at the closed session and from the Chair of the SCRAA. Both affidavits stated that the requirements of Iowa Code section 21.5 were followed during the closed session.
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.
IT IS SO ORDERED: Formal complaint 22FC:0065 is dismissed as legally insufficient pursuant to Iowa Code section 23.8(2) and Iowa Administrative Rule 497-2.1(2)(b).
Pursuant to Iowa Administrative Rule 497-2.1(3), the IPIB may “delegate acceptance or dismissal of a complaint to the executive director, subject to review by the board.” The IPIB will review this Order on August 18, 2022. Pursuant to IPIB rule 497-2.1(4), the parties will be notified in writing of its decision.
By the IPIB Executive Director
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Margaret E. Johnson
1. Site A Landowners vs. SCRAA, City of Pella, and City of Oskaloosa and Mahaska County, No. 20-1323, filed June 24, 2022.
CERTIFICATE OF MAILING
This document was sent by electronic mail on the ___ day of August, 2022, to:
Nicholas Ryan
Amy Beattie, legal counsel for the South Central Regional Airport Agency