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   4.39              Conflict of Interest of Public Officers and Employees Gifts (see Iowa Code 68B)  

A.                  Policy  

1.         Members of the Board of Regents, employees of the Board, and the immediate family members of each shall not, directly or indirectly, solicit, accept, or receive from any one donor, a gift as defined in Iowa Code 68B.22.  

2.         Members of the Board of Regents, employees of the Board, and immediate family members of each shall not, directly or indirectly, offer or make a gift as defined in Iowa Code 68B.22 to an official, employee, local official, local employee, member of the General Assembly, candidate, or legislative employee.  

           B.                 Lobbyist Registration                

                As applied to the Board of Regents, a lobbyist is defined as an individual who works to encourage the passage, defeat, or modification of legislation or regulations or to influence the decisions of the members of the general assembly, a state agency, or any statewide elected official and is in one of the following categories:  

                        1.     is paid by the Board of Regents or a Regent institution for such work.  

                        2.     represents on a regular basis the Board of Regents or its institutions.  

                        The definition of lobbyist does not include:  

                        1.     persons whose activities are limited to formal appearances at public committee meetings or hearings of state agencies and whose appearances are officially recorded.  

                        2.     lawyers representing clients in cases before state agencies.  

                        3.     employees of the Board of Regents trying to influence decisions of the Board of Regents or its institutions.  

                        4.     persons whose activities are limited to providing information to or soliciting information from the Executive or Legislative Branch of state government or to state agencies.  

                C.    Financial Disclosure  

                Certain officials are required to file financial disclosure.  Financial disclosure involves reporting all sources of income and the nature of business for each source as well as all investments in which an individual holds more than a five percent interest.  

                D.    Guidelines for Regent Institutions  

                The Board of Regents has developed guidelines for certain situations likely to be encountered by faculty and staff as follows:  

                        1.     Honoraria for scholarly presentations are permitted but cannot be sought or accepted from individuals or groups seeking to do business with or regulated by the institution.  

                        2.     Tickets to concerts and athletic events can be distributed to legislators, Board members, and officials on the same basis as tickets made available to the general public.  

                        3.     Informational materials can be provided to legislators or Board members because these do not constitute a gift.  

                        4.     Meals, travel, and accommodations for Regents in conjunction with meetings are generally not permissible.  The host institutions can provide refreshments within the three dollar limit.   

                        5.     Complimentary textbooks and software are not gifts because they are informational materials relevant to faculty and staff performance of official functions.  

                        6.     Gift exchanges among employees are permissible under certain circumstances. If the donee has the ability to set salaries, approve expenditures, and hire and promote an individual, such gifts would be prohibited unless they are food and drink worth less than $3.00 per day.  Gifts to subordinates are permissible.  

                        7.     Travel and accommodations for product evaluation would constitute a gift if provided by a prospective seller of the product and if the recipients of the travel and accommodations are in a position to evaluate or recommend the purchase of the product.  

8.          Institutional heads can accept gifts only on behalf of the institutions and then direct them appropriately to a charitable organization such as a museum.  

                E.     Applicable Law  

                Notwithstanding the guidance provided by this policy, members of the Board of Regents, lobbyists, and other employees of the Board are required to comply with Iowa Code Chapter 68B, to which they should refer for further information.