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 under 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 11 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 board. 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.
