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.
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
Structure Iowa Code
Title II - ELECTIONS AND OFFICIAL DUTIES
Chapter 68B - GOVERNMENT ETHICS AND LOBBYING
Section 68B.2A - Prohibited outside employment and activities — conflicts of interest.
Section 68B.2B - Executive branch compensation.
Section 68B.2C - Prohibited outside employment and activities — agents of foreign principals.
Section 68B.3 - When public bids required — disclosure of income from other sales.
Section 68B.4 - Sales or leases by regulatory agency officials and employees.
Section 68B.4A - Sales by legislative employees.
Section 68B.4B - Sales or leases by members of the office of the governor.
Section 68B.5 - Gifts solicited or accepted.
Section 68B.5A - Ban on certain lobbying activities.
Section 68B.6 - Services against state prohibited.
Section 68B.7 - Prohibited use of influence.
Section 68B.8 - Lobbying activities by state agencies.
Section 68B.21 - Legislative intent.
Section 68B.22 - Gifts accepted or received.
Section 68B.23 - Honoraria — banned.
Section 68B.24 - Loans — receipt from lobbyists prohibited.
Section 68B.25 - Additional penalty.
Section 68B.26 - Actions commenced.
Section 68B.31 - Legislative ethics committee.
Section 68B.31A - Investigation by independent special counsel — probable cause.
Section 68B.32 - Independent ethics and campaign disclosure board — established.
Section 68B.32A - Duties of the board.
Section 68B.32B - Complaint procedures.
Section 68B.32C - Contested case proceedings.
Section 68B.32D - Penalties — recommended actions.
Section 68B.33 - Judicial review — enforcement.
Section 68B.34 - Additional penalty.
Section 68B.34A - Actions commenced against local officials or employees.
Section 68B.36 - Applicability — lobbyist registration required.
Section 68B.37 - Lobbyist reporting.