A permanent full-time member of the office of the governor
shall not directly or indirectly sell or lease any goods or services to
registered lobbyists before the general assembly or the executive branch or to
individuals, associations, or corporations that employ persons who are
registered lobbyists before the general assembly or the executive branch except
as provided in Iowa Code section
68B.4B
and this rule. This prohibition does not apply to sales or leases that are part
of the member's state duties.
(1)
Request for consent. A request submitted by a member of the
office of the governor for consent to sell or lease goods or services shall
comply with all of the following:
a. The
request shall be in writing and shall be filed at least 20 calendar days in
advance of the proposed sale or lease of any goods or services with the person
responsible for hiring or approving the hiring of the member
b. The request shall include all of the
following:
(1) The name of the lobbyist,
individual, association, or corporation to which the goods or services are to
be sold or leased;
(2) The
relationship of the lobbyist, individual, association, or corporation to the
office of the governor;
(3) A
description of the goods or services;
(4) The date or dates that the goods or
services will be delivered; and
(5)
A statement by the member explaining how the proposed sale or lease of the
goods or services will not violate the provisions of Iowa Code section
68B.4B
or create a conflict of interest imder Iowa Code section
68B.2A.
(2)
Guidelines
for granting consent. In determining whether to grant consent, the
person responsible for hiring or approving the hiring of the member shall take
the following guidelines into consideration:
a. The duties and functions performed by the
member are not related to the authority of the office of the governor over the
lobbyist, individual, association, or corporation.
b. The selling or leasing of goods or
services by the member to the lobbyist, individual, association, or corporation
does not affect the member's duties or functions at the office of the
governor
c. The selling or leasing
of any goods or services by the member to a lobbyist, individual, association,
or corporation does not include lobbying the office of the governor
d. The selling or leasing of any goods or
services by the member does not cause the member to sell or lease goods or
services to the office of the governor on behalf of the lobbyist, individual,
association, or corporation.
e. The
selling or leasing of the goods or services will not result in a conflict of
interest as provided in Iowa Code section
68B.2A.
f. The request complies with the procedural
requirements of subrule 6.12(1).
g. A blanket consent may be
granted for sales or leases to classes of lobbyists, individuals, associations,
or corporations when such blanket consent is consistent with subrule 6.12(2)
and the granting of single consents is impractical or impossible to determine.
These guidelines shall be publicized and made known to members
of the office of the governor.
(3)
Decision. The person
responsible for hiring or approving the hiring of the member shall issue a
written consent or denial within 14 calendar days following the date the
request was filed. The deadline may be extended by agreement of both the member
and the person. If the request is denied, the person shall state the reasons
for the denial.
(4)
Appeal
of denial A member who receives a denial may file a request with the
board for a contested case proceeding pursuant to 351-Chapter II for a
determination of whether the situation described in the request complies with
the requirements of Iowa Code section
68B.2A,
Iowa Code section
68B.4B
and this rule. The final order of the board constitutes final agency action for
purposes of seeking judicial review.
(5)
Copy of consent filed with
hoard. Pursuant to Iowa Code section
68B.4B,
a copy of the consent granted to a member shall be filed with the board within
20 days of the granting of consent. The board shall treat the consent as a
public record. The failure to provide a copy of the consent may result in the
imposition of board sanctions against the person who granted the
consent.
(6)
Consent not a
defense. Consent granted under this rule shall not constitute a
defense to a complaint alleging a violation of any law or rule. It is the
responsibility of the member of the office of the governor to ensure compliance
with all applicable laws and rules.
This rule is intended to implement Iowa Code section
68B.4B.
