Iowa Public Information Board:
I respectfully submit the following formal complaint regarding an alleged violation of Iowa Code Chapter 22 by Jasper County officials, including County Attorney Scott Nicholson and CIO Ryan Eaton. This complaint outlines concerns arising from IPIB Case 25FC:0014, supported by attached evidence and analysis.
Please note: This email also includes a forwarded copy of my formal complaint to the Iowa Supreme Court Attorney Disciplinary Board against Attorney Scott Nicholson (USPS Tracking: 9505 5125 5188 5149 6203 22). That submission—and its supporting documentation—provides further context relevant to the violations described herein.
I respectfully request that the Board review the enclosed complaint and initiate a corresponding investigation in accordance with your authority under Iowa Code § 23.6(4).
Please confirm receipt of this submission. I am available for any follow-up questions or clarification.
Date of Alleged Violation:
28 MAY 2025
Government Officials Involved:
Scott Nicholson, County Attorney, Jasper County, IA
📞 (641) 792-5010 | ✉️ snicholson@jaspercoatty.org
Ryan Eaton, CIO, Jasper County, IA
✉️ reaton@jasperia.org
Government Entity Involved:
Jasper County, Iowa
Alleged Violation of:
Iowa Code Chapter 22
Other Persons with Knowledge:
Erika Eckley, Executive Director, Iowa Public Information Board
📞 (515) 393-8339 | ✉️ erika.eckley@iowa.gov
Description of Alleged Violation
On February 5, 2025, IPIB Executive Director Erika Eckley acknowledged receipt of complaint 25FC:0014.
On March 5, 2025, Executive Director Eckley formally accepted the complaint for further investigation.
On 13 APR 2025, the Complainant requested and proposed:
“Jasper County, IA Attorney Nicholson can either provide a copy of the record request and historical documentation of the fee that I allegedly failed to pay, which I will most likely be able to dismantle with statewide evidence from similar-sized Iowa government bodies that use Microsoft 365.”
To date, Mr. Nicholson has provided no historical records or invoices validating the alleged fee the Jasper County, IA, Attorney’s office alleged during IPIB case 25FC:0014.
Further, there is no evidence that Director Eckley formally requested or compelled Jasper County to produce documentation substantiating its claims during IPIB case 25FC:0014—despite the Executive Director’s obligations under Iowa Code § 23.6(4) and 23.6(5).
On May 6, 2025, Director Eckley disregarded Jasper County’s original justification for denying the Complainant’s earlier records requests and instead proposed that the Complainant
“agrees to withdraw his records request concerning Mr. Jon Dunwell and any subsequent unresolved requests to the County that may exist to this point;”, “In exchange, Jasper County will provide the current request for the Office 365 Invoice free of charge to Mr. Merritt.”
On 07 MAY 2025, Jasper County, IA, Attorney Scott Nicholson responded:
“Ms. Eckley, Jasper County approves this proposal and will comply. Thank-you.”
On 08 MAY 2025, the Complainant formally requested:
“Jasper County, IA, is requested to provide a copy of the records request and the historical record that shows the fee that was allegedly communicated to the originator of this records request. A public records fee that Jasper County, IA alleges was not paid (see attached document) regarding the historical Jon Dunwell records request as reported by Jasper County, IA to the Iowa Public Information Board during IPIB case: 25FC:0014.”
As of 28 MAY 2025, Jasper County, IA Attorney Scott Nicholson has failed to provide evidence of fulfilling this request for public records authenticating his claims during 25FC:0014.
Analysis
The Iowa Supreme Court communicated in Horsfield Materials, Inc. v City of Dyersville, No. 12–0491, “Civil enforcement of Iowa’s Open Records Act initially places the burden of showing three things on the party seeking enforcement (Horsfield). That party must “demonstrate[] to the court that the defendant is subject to the requirements of this chapter, that the records in question are government records, and that the defendant refused to make those government records available for examination and copying by the plaintiff.” Iowa Code § 22.10(2). Once a party makes these showings, the defendant has the burden to show compliance, and the court must issue an injunction if it finds the defendant has not complied by a preponderance of the evidence. Id. § 22.10(3)(a); see also Diercks, 806 N.W.2d at 653 (“Once the citizen shows the city denied his or her request to access government records, the burden shifts to the city to demonstrate it complied with the chapter’s requirements.”).”
The Iowa Public Information Board’s failure to obtain basic supporting documentation from Jasper County during IPIB case 25FC:0014—despite their authority under § 23.6(4) and 23.6(5)—necessitated my May 8 records request.
This sequence highlights a larger concern: IPIB’s ongoing failure to require substantiating evidence during formal investigations undermines both its statutory mandate and the principles of due process. Over multiple years, the IPIB has demonstrated a pattern of disregarding its duty to verify government body assertions—often choosing instead to shift the burden onto the citizen requester.
Rather than protecting public access and government transparency, this board appears to function more as a shield for unaccountable officials than as a safeguard for transparency, while penalizing citizens who attempt to exercise their rights under Iowa Code Chapter 22.
Conclusion
The historical record in this case—considered alongside evidence from numerous other Iowa Public Information Board complaints—raises grave concerns. These include documented patterns of:
- Disability-based discrimination,
- False criminal allegations,
- Misrepresentation of public records during investigations (See:Michael J. Merritt v. Jasper County, IA, 22FC:0126), and
- Falsification of information in board dismissals (See:Michael J. Merritt v. City of Newton, IA, 23FC:0023 and 23FC:0057).
Taken together, this record calls into question whether the Board’s leadership and members possess the competence and ethical integrity necessary to faithfully uphold Iowa Code Chapter 23 in service of the people of Iowa—not in protection of its officials. The era of the Iowa Public Information Board engineering false dismissals, misrepresenting facts, criminalizing innocent citizens, and discriminating against protected classes—conduct which may give rise to violations pursuant to Iowa Code Chapter 216—is over.
Respectfully,
Michael J. Merritt, USN (Ret.)
Founder, Cipher Hunter
Information Warfare Specialist
Information Systems Manager
📍 2510 S 6th St. D24
Marshalltown, IA 50158
📞 (641) 387-9935
✉️ mj.merritt@cipherhunter.net
🌐 cipherhunter.net
“Tyranny breeds within government infrastructure that does not provide information with the same freedoms, rights, and liberties as the citizens who produced it.”
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