Executive branch officials and executive branch employees are
prohibited by Iowa Code section
68B.5A
from engaging in certain types of lobbying activities during the time in which
these officials and employees serve or are employed by the state. In addition,
Iowa Code section
68B.5A
prohibits executive branch officials and executive branch employees from
accepting, under certain situations, employment as lobbyists within two years
of leaving state government.
(1)
Lobbying restrictions -
statewide elected officials and
executive or administrative heads.
a. A person who serves as a statewide elected
official, the executive or administrative head of an agency, or the deputy
executive or administrative head of an agency shall not act as a lobbyist
during the time in which the person serves or is employed by the state unless
the person is designated to represent the official position of the person's
agency.
b. A person subject to this
prohibition may not accept employment as a lobbyist for two years after leaving
state government except as provided in subrule 8.17(4).
(2)
Lobbying restrictions
-
employees of statewide elected officials and other department or
agency employees.
a. The head of a
major subunit of a department or independent state agency whose position
involves substantial exercise of administrative discretion or the expenditure
of public funds or a full-time employee of an office of a statewide elected
official whose position involves substantial exercise of administrative
discretion or the expenditure of public funds shall not act as a lobbyist
during the time in which the person is employed by the state before the agency
that the person is employed by or before state agencies, officials, or
employees with whom the person has substantial or regular contact as part of
the person's duties, unless the person is designated to represent the official
position of the person's agency.
b.
A person subject to this prohibition may not accept employment as a lobbyist
for two years after leaving state government if the employment involves
lobbying before the agency that the person was employed by or before state
agencies, officials, or employees with whom the person had substantial and
regular contact as part of the person's former duties except as provided in
subrule 8.17(4).
(3)
Lobbying restrictions -state employees with conflicts
of interest. A state employee who is not included in subrule 8.17(1)
or 8.17(2) shall not act as a lobbyist in relation to any particular case,
proceeding, or application with respect to which the person is directly
concerned and personally participates as part of the person's employment,
unless the person is designated to represent the official position of the
person's agency. Persons subject to this prohibition may not accept employment
as a lobbyist for two years after leaving state government if the employment
involves lobbying in relation to any particular case, proceeding, or
application with respect to which the person was directly concerned and
personally participated as part of the person's employment.
(4)
Exception. As provided
in Iowa Code section
68B.5A(7),
the prohibition on accepting employment as a lobbyist does not apply to a
person who, within two years of leaving state service or employment, is elected
to, appointed to, or employed by another office of the state, an office of a
political subdivision of the state, or the federal government and represents
the position of the new office or employment.
(5)
Complaints. Complaints
or information provided to the board alleging a violation of Iowa Code section
68B.5A
by an executive branch official or an executive branch employee shall be filed
with the board and governed by the procedures in Iowa Code sections
68B.32B
through
68B.32D.
This rule is intended to implement Iowa Code section
68B.5A.
