2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 68B - GOVERNMENT ETHICS AND LOBBYING
68B.2A - PROHIBITED OUTSIDE EMPLOYMENT AND ACTIVITIES -- CONFLICTS OF INTEREST.

        68B.2A  PROHIBITED OUTSIDE EMPLOYMENT AND ACTIVITIES
      -- CONFLICTS OF INTEREST.
         1.  Any person who serves or is employed by the state or a
      political subdivision of the state shall not engage in any of the
      following conduct:
         a.  Outside employment or an activity that involves the use of
      the state's or the political subdivision's time, facilities,
      equipment, and supplies or the use of the state or political
      subdivision badge, uniform, business card, or other evidences of
      office or employment to give the person or member of the person's
      immediate family an advantage or pecuniary benefit that is not
      available to other similarly situated members or classes of members
      of the general public.  This paragraph does not apply to off-duty
      peace officers who provide private duty security or fire fighters or
      emergency medical care providers certified under chapter 147A who
      provide private duty fire safety or emergency medical services while
      carrying their badge or wearing their official uniform, provided that
      the person has secured the prior approval of the agency or political
      subdivision in which the person is regularly employed to engage in
      the activity.  For purposes of this paragraph, a person is not
      "similarly situated" merely by being or being related to a person
      who serves or is employed by the state or a political subdivision of
      the state.
         b.  Outside employment or an activity that involves the
      receipt of, promise of, or acceptance of money or other consideration
      by the person, or a member of the person's immediate family, from
      anyone other than the state or the political subdivision for the
      performance of any act that the person would be required or expected
      to perform as a part of the person's regular duties or during the
      hours during which the person performs service or work for the state
      or political subdivision of the state.
         c.  Outside employment or an activity that is subject to the
      official control, inspection, review, audit, or enforcement authority
      of the person, during the performance of the person's duties of
      office or employment.
         2.  If the outside employment or activity is employment or
      activity described in subsection 1, paragraph "a" or "b", the
      person shall immediately cease the employment or activity.  If the
      outside employment or activity is employment or activity described in
      subsection 1, paragraph "c", or constitutes outside employment or
      an activity prohibited under rules adopted pursuant to subsection 4
      or under the senate or house codes of ethics, unless otherwise
      provided by law, the person shall take one of the following courses
      of action:
         a.  Cease the outside employment or activity.
         b.  Publicly disclose the existence of the conflict and
      refrain from taking any official action or performing any official
      duty that would detrimentally affect or create a benefit for the
      outside employment or activity.  For purposes of this paragraph,
      "official action" or "official duty" includes but is not
      limited to participating in any vote, taking affirmative action to
      influence any vote, granting any license or permit, determining the
      facts or law in a contested case or rulemaking proceeding, conducting
      any inspection, or providing any other official service or thing that
      is not available generally to members of the public in order to
      further the interests of the outside employment or activity.
         3.  Unless otherwise specifically provided the requirements of
      this section shall be in addition to, and shall not supersede, any
      other rights or remedies provided by law.
         4.  The board shall adopt rules pursuant to chapter 17A further
      delineating particular situations where outside employment or
      activity of officials and state employees of the executive branch
      will be deemed to create an unacceptable conflict of interest.  

         93 Acts, ch 163, § 2; 95 Acts, ch 41, §1; 2008 Acts, ch 1191, §
      38; 2009 Acts, ch 9, §1, 2, 6
         Referred to in § 68B.34
         Incompatibility of offices, see Iowa Constitution, Art.  III, §21
      and 22 and §39.11 and 39.12
         Economic development and conflict disclosure, see §15A.2