68B.2A - PROHIBITED OUTSIDE EMPLOYMENT AND ACTIVITIES -- CONFLICTS OF INTEREST.
68B.2A PROHIBITED OUTSIDE EMPLOYMENT AND ACTIVITIES
-- CONFLICTS OF INTEREST.
1. Any person who serves or is employed by the state or a
political subdivision of the state shall not engage in any of the
following conduct:
a. Outside employment or an activity that involves the use of
the state's or the political subdivision's time, facilities,
equipment, and supplies or the use of the state or political
subdivision badge, uniform, business card, or other evidences of
office or employment to give the person or member of the person's
immediate family an advantage or pecuniary benefit that is not
available to other similarly situated members or classes of members
of the general public. This paragraph does not apply to off-duty
peace officers who provide private duty security or fire fighters or
emergency medical care providers certified under chapter 147A who
provide private duty fire safety or emergency medical services while
carrying their badge or wearing their official uniform, provided that
the person has secured the prior approval of the agency or political
subdivision in which the person is regularly employed to engage in
the activity. For purposes of this paragraph, a person is not
"similarly situated" merely by being or being related to a person
who serves or is employed by the state or a political subdivision of
the state.
b. Outside employment or an activity that involves the
receipt of, promise of, or acceptance of money or other consideration
by the person, or a member of the person's immediate family, from
anyone other than the state or the political subdivision for the
performance of any act that the person would be required or expected
to perform as a part of the person's regular duties or during the
hours during which the person performs service or work for the state
or political subdivision of the state.
c. Outside employment or an activity that is subject to the
official control, inspection, review, audit, or enforcement authority
of the person, during the performance of the person's duties of
office or employment.
2. If the outside employment or activity is employment or
activity described in subsection 1, paragraph "a" or "b", the
person shall immediately cease the employment or activity. If the
outside employment or activity is employment or activity described in
subsection 1, paragraph "c", or constitutes outside employment or
an activity prohibited under rules adopted pursuant to subsection 4
or under the senate or house codes of ethics, unless otherwise
provided by law, the person shall take one of the following courses
of action:
a. Cease the outside employment or activity.
b. Publicly disclose the existence of the conflict and
refrain from taking any official action or performing any official
duty that would detrimentally affect or create a benefit for the
outside employment or activity. For purposes of this paragraph,
"official action" or "official duty" includes but is not
limited to participating in any vote, taking affirmative action to
influence any vote, granting any license or permit, determining the
facts or law in a contested case or rulemaking proceeding, conducting
any inspection, or providing any other official service or thing that
is not available generally to members of the public in order to
further the interests of the outside employment or activity.
3. Unless otherwise specifically provided the requirements of
this section shall be in addition to, and shall not supersede, any
other rights or remedies provided by law.
4. The board shall adopt rules pursuant to chapter 17A further
delineating particular situations where outside employment or
activity of officials and state employees of the executive branch
will be deemed to create an unacceptable conflict of interest. Section History: Recent Form
93 Acts, ch 163, § 2; 95 Acts, ch 41, §1; 2008 Acts, ch 1191, §
38; 2009 Acts, ch 9, §1, 2, 6
Referred to in § 68B.34
Incompatibility of offices, see Iowa Constitution, Art. III, §21
and 22 and §39.11 and 39.12
Economic development and conflict disclosure, see §15A.2