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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.
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