68B.32A - DUTIES OF THE BOARD.
68B.32A DUTIES OF THE BOARD.
The duties of the board shall include but are not limited to all
of the following:
1. Adopt rules pursuant to chapter 17A and conduct hearings under
sections 68B.32B and 68B.32C and chapter 17A, as necessary to carry
out the purposes of this chapter, chapter 68A, and section 8.7.
2. Develop, prescribe, furnish, and distribute any forms
necessary for the implementation of the procedures contained in this
chapter, chapter 68A, and section 8.7 for the filing of reports and
statements by persons required to file the reports and statements
under this chapter and chapter 68A.
3. Establish a process to assign signature codes to a person or
committee for purposes of facilitating an electronic filing
procedure. The assignment of signature codes shall be kept
confidential, notwithstanding section 22.2. The board and persons
electronically filing reports and statements shall keep assigned
signature codes or subsequently selected signature codes
confidential. Signature codes shall not be subject to state security
policies regarding frequency of change.
4. Review the contents of all campaign finance disclosure reports
and statements filed with the board and promptly advise each person
or committee of errors found. The board may verify information
contained in the reports with other parties to assure accurate
disclosure. The board may also verify information by requesting that
a candidate or committee produce copies of receipts, bills, logbooks,
or other memoranda of reimbursements of expenses to a candidate for
expenses incurred during a campaign. The board, upon its own motion,
may initiate action and conduct a hearing relating to requirements
under chapter 68A.
5. Receive and file registration and reports from lobbyists of
the executive branch of state government, client disclosure from
clients of lobbyists of the executive branch of state government,
personal financial disclosure information from officials and
employees in the executive branch of state government who are
required to file personal financial disclosure information under this
chapter, and gift and bequest disclosure information pursuant to
section 8.7. The board, upon its own motion, may initiate action and
conduct a hearing relating to reporting requirements under this
chapter or section 8.7.
6. Prepare and publish a manual setting forth examples of
approved uniform systems of accounts and approved methods of
disclosure for use by persons required to file statements and reports
under this chapter, chapter 68A, and section 8.7. The board shall
also prepare and publish other educational materials, and any other
reports or materials deemed appropriate by the board. The board
shall annually provide all officials and state employees with
notification of the contents of this chapter, chapter 68A, and
section 8.7 by distributing copies of educational materials to each
agency of state government under the board's jurisdiction.
7. Assure that the statements and reports which have been filed
in accordance with this chapter, chapter 68A, and section 8.7 are
available for public inspection and copying during the regular office
hours of the office in which they are filed and not later than by the
end of the day during which a report or statement was received.
Rules adopted relating to public inspection and copying of statements
and reports may include a charge for any copying and mailing of the
reports and statements, shall provide for the mailing of copies upon
the request of any person and upon prior receipt of payment of the
costs by the board, and shall prohibit the use of the information
copied from reports and statements for any commercial purpose by any
person.
8. Require that the candidate of a candidate's committee, or the
chairperson of a political committee, is responsible for filing
disclosure reports under chapter 68A, and shall receive notice from
the board if the committee has failed to file a disclosure report at
the time required under chapter 68A. A candidate of a candidate's
committee, or the chairperson of a political committee, may be
subject to a civil penalty for failure to file a disclosure report
required under section 68A.402, subsection 1.
9. Establish and impose penalties, and recommendations for
punishment of persons who are subject to penalties of or punishment
by the board or by other bodies, for the failure to comply with the
requirements of this chapter, chapter 68A, or section 8.7.
10. Determine, in case of dispute, at what time a person has
become a candidate.
11. Preserve copies of reports and statements filed with the
board for a period of five years from the date of receipt.
12. Establish a procedure for requesting and issuing board
advisory opinions to persons subject to the authority of the board
under this chapter, chapter 68A, or section 8.7. Local officials and
local employees may also seek an advisory opinion concerning the
application of the applicable provisions of this chapter. Advice
contained in board advisory opinions shall, if followed, constitute a
defense to a complaint alleging a violation of this chapter, chapter
68A, section 8.7, or rules of the board that is based on the same
facts and circumstances.
13. Establish rules relating to ethical conduct for officials and
state employees, including candidates for statewide office, and
regulations governing the conduct of lobbyists of the executive
branch of state government, including but not limited to conflicts of
interest, abuse of office, misuse of public property, use of
confidential information, participation in matters in which an
official or state employee has a financial interest, and rejection of
improper offers.
14. Impose penalties upon, or refer matters relating to, persons
who discharge any employee, or who otherwise discriminate in
employment against any employee, for the filing of a complaint with,
or the disclosure of information to, the board if the employee has
filed the complaint or made the disclosure in good faith.
15. Establish fees, where necessary, to cover the costs
associated with preparing, printing, and distributing materials to
persons subject to the authority of the board.
16. Establish an expedited procedure for reviewing complaints
forwarded by the state commissioner of elections to the board for a
determination as to whether a supervisor district plan adopted
pursuant to section 331.210A was drawn for improper political reasons
as described in section 42.4, subsection 5. The expedited procedure
shall be substantially similar to the process used for other
complaints filed with the board except that the provisions of section
68B.32D shall not apply.
17. At the board's discretion, develop and operate a searchable
internet site database that provides access to information on
statements or reports filed with the board. For purposes of this
subsection, "searchable internet site database" means an internet
site database that allows the public to search and aggregate
information and is in a downloadable format.
18. At the board's discretion, enter into an agreement with a
political subdivision authorizing the board to enforce the provisions
of a code of ethics adopted by that political subdivision. Section History: Recent Form
93 Acts, ch 163, § 15; 95 Acts, ch 198, §19; 2004 Acts, ch 1091,
§10; 2005 Acts, ch 76, §6; 2006 Acts, ch 1035, §2--4, 9; 2006 Acts,
ch 1185, §69; 2007 Acts, ch 5, §3; 2007 Acts, ch 126, §15; 2008 Acts,
ch 1031, § 85; 2008 Acts, ch 1115, § 106; 2008 Acts, ch 1184, § 25;
2008 Acts, ch 1191, § 42; 2009 Acts, ch 181, §41
Referred to in § 68A.101