Iowa Ethics and Campaign Disclosure Board Overview
The Iowa Ethics and Campaign Disclosure Board, an independent agency under the executive branch, plays a vital role in ensuring integrity in political campaigns, ethical standards for government officials, and lawful conduct of lobbyists. Established in 1973 and reorganized in 1993, the board investigates complaints, provides legal guidance, audits campaign finance reports, assists candidates in compliance, conducts ethics reviews, and engages in public outreach with a mission to uphold public trust in government.
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Iowa Ethics and Campaign Disclosure Board An Independent Agency of the Executive Branch 2023 New County Officer s School Iowa State Association of Counties BOARD MEMBERS: James Albert, Chair Elaine Olson, Vice Chair Jonathan Roos Mary Rueter Daniel Jessop Leah Rodenberg ZACH GOODRICH Executive Director and Legal Counsel
ABOUT US Created in 1973 Reorganized in 1993 Six board members Board appoints Director/Counsel Six additional staff members Iowa Code chapters 68A and 68B
OUR MISSION The mission of the Iowa Ethics and Campaign Disclosure Board is to promote the public's trust and confidence in government by ensuring the integrity of political campaigns, the ethical standards for officials and employees of the executive branch of state government, and the lawful conduct of executive branch lobbyists.
OUR ACTIVITIES Investigating complaints Providing legal information and guidance Auditing campaign finance reports Assisting candidates/campaigns to ensure compliance Reviewing ethics reports Public outreach
ETHICS CAMPAIGNS
ETHICS Conflicts of Interest Gifts Honoraria
CONFLICTS OF INTEREST Iowa Code section 68B.2A(1) prohibits: to members of the public 1) Using public time/resources for an advantage or benefit not available 2) Compensation from an outside source for performing an official act the government body 3) Involvement in outside employment/activities that is subject to control by
CONFLICTS OF INTEREST 1) Using public time/resources for an advantage or benefit not available to members of the public: - Using the county s time, facilities, equipment, and supplies - Using badge, uniform, business card, or other evidence of office/employment family - Not just for personal benefit, but also prohibited for benefit of immediate
CONFLICTS OF INTEREST 2) Compensation from an outside source for performing an official act: - Outside employment/activity that involves the receipt, promise, or acceptance of money or other consideration by the person (or of their immediate family) member - From anyone other than the county - For the performance of any act that the person would be required or expected to perform as part of regular duties or during hours of work
CONFLICTS OF INTEREST 3) Involvement in outside employment/activities that is subject to control by the government body: - Outside employment/activity that is subject to control of the county person s duties of office - Official control, inspection, review, audit, or enforcement authority of the
CONFLICTS OF INTEREST REMEDIES: 1) Using public time/resources for an advantage or benefit not available to members of the public STOP IMMEDIATELY 2) Compensation from an outside source for performing an official act STOP IMMEDIATELY
CONFLICTS OF INTEREST REMEDIES: 3) Involvement in outside employment/activities that is subject to control by the government body Option #1: STOP IMMEDIATELY Option #2: Publicly disclose the conflict and refrain from taking any official action that would affect the outside employment/activity.
GIFTS It is the goal of the general assembly that public officials and public employees of the state be extremely cautious and circumspect about accepting a gratuity or favor, especially from persons that have a substantial interest in the legislative, administrative, or political actions of the official or employee. Even where there is a genuine personal friendship, the acceptance of personal benefits from those who could gain advantage by influencing official actions raises suspicions that tend to undermine the public trust. It is therefore the intent of the general assembly that the provisions of this subchapter be construed to discourage all gratuities, but to prohibit only those that create unacceptable conflicts of interest or appearances of impropriety.
GIFTS Iowa Code section 68B.22: 1) A public official/employee or candidate (and their immediate family members) shall not, directly or indirectly, solicit, accept, or receive any gift(s) from a restricted donor. 2) A restricted donor shall not, directly or indirectly, offer or make a gift to a public official/employee or candidate
GIFTS Restricted Donors: - Someone who does/wants to do business with your agency - Someone who will be affected financially by your duties - Someone who is a party to a matter pending before a regulatory agency within the donee s jurisdiction - Someone who is a lobbyist or a lobbyist s client with respect to matters
GIFTS EXCEPTIONS: - You can donate a prohibited nonmonetary gift within 30 days to: - A public body - Department of Administrative Services - A bona fide educational or charitable organization
GIFTS Exceptions: - Contributions to candidates - Informational material relevant to duties - Anything received from anyone related within the fourth degree or marriage - Inheritance - Anything given free to the public without regard to status - Items from an organization to which you are a dues-paying member - Actual expenses for food, registration, travel, etc. for participating in a speaking engagement - Plaques or items of negligible resale value given for recognition of service
GIFTS Exceptions: - Food or beverages that are part of a program or event - Nonmonetary items worth less than $3 (even from restricted donors) - Funeral flowers or memorials to a church/non-profit - Gifts given for a 25th or 50th wedding anniversary - Actual registration costs for meetings which assist a public official/employee in the performance of their official duties
GIFTS Is the person giving the gift a restricted donor? NO YES Does one of the exceptions apply? You may accept the gift. YES NO You may accept the gift. You can t accept the gift.* * a nonmonetary gift may be received and then donated as previously mentioned
HONORARIA ... anything of value that is accepted or given as consideration for an appearance, speech, or article. Iowa Code section 68B.23: - A public official/employee shall not seek or accept an honorarium from a restricted donor
HONORARIA Exceptions: - It consists of payment of actual expenses of the donee in return for participation in a panel or speaking engagement - It consists of a nonmonetary item that is donated within 30 days - It consists of a payment made to the official/employee for services rendered if the payment is commensurate with the actual services rendered and not because of their status
ENFORCEMENT OF ETHICS LAWS Penalties: - Serious misdemeanor - Reprimand, suspension, dismissal, or other sanctions The Board s Role: - Local matters are handled by county attorneys - Advisory Opinions - Agreements with political subdivisions
CAMPAIGNS Committee Responsibilities Prohibited Acts Political Materials
COMMITTEE RESPONSIBILITES - Statement of Organization - Treasurer - Keep funds with an Iowa financial institution - Need name and mailing address of contributors
COMMITTEE RESPONSIBILITES - Can t use funds or committee property for personal use - Keep track of all disbursements made from contributions - File campaign disclosure reports - Reports cover: - Monetary and in-kind contributions - Expenditures - Loans - Debts and obligations - Property worth $500 or more
PROHIBITED ACTS - Can t spend funds from an unknown source - Making a contribution in the name of someone else - No contributions from insurance companies, savings associations, banks, credit unions, or corporations (both for-profit and non-profit)
PROHIBITED ACTS Iowa Code section 68A.505: Can t use public moneys/resources for political purposes - Political purpose: expressly advocating for the nomination, election, or defeat of a candidate or passage/defeat of a ballot issue - Express advocacy: the use of words, terms, or symbols that exhort someone to vote in a particular manner or can have no other meaning than to urge the outcome of an election
PROHIBITED ACTS Exceptions: - If a public resource is made available to all members of the public - Governmental bodies can adopt resolutions advocating for the passage/defeat of a ballot issue - Public officials/employees can use their job titles - Public officials/employees can wear buttons/clothing
POLITICAL MATERIALS 1) Attribution Statements ballot issue shall include an attribution statement disclosing who is responsible for the material - Published materials designed to expressly advocate for a candidate or - The language shall be Paid for by... the name of the committee include their name and address - If the person/group responsible has not filed with the Board, they shall
POLITICAL MATERIALS Exceptions: - Editorials - Small items that make including a statement impracticable - Bumper stickers - Pens - Articles of Clothing - Best Practice: just include it!
POLITICAL MATERIALS 2) Campaign Signs Where can you place them? - Residential property - Agricultural land owned by individuals or a family farm operation - Property used as campaign HQ - Property owned by an individual/organization that is not a prohibited contributor - PROHIBITED CONTRIBUTORS: Insurance Company, Savings Association, Bank, Credit Union, or Corporation (for-profit and non-profit)
POLITICAL MATERIALS 2) Campaign Signs Where can t you place them? - Public property (including right-of-way areas) - Property owned, leased, or occupied by a prohibited contributor - On property without the permission of the owner/lessee
POLITICAL MATERIALS 2) Campaign Signs Where can t you place them? - On the premises of or within 300 feet of*: - Polling place on election day - Absentee voting site - Satellite absentee voting sites *Except on private property
POLITICAL MATERIALS 2) Campaign Signs - Upon determination that a sign has been improperly placed, the sign shall be removed - There is no rule mandating the removal of signs within a time period following an election - No jurisdiction over signs for federal candidates
Iowa Ethics and Campaign Disclosure Board An Independent Agency of the Executive Branch QUESTIONS? - Visit our website - Contact our office - ethics.iowa.gov - ethicsboard@iowa.gov
