2009 Iowa Code
Title 2 - Elections and Official Duties
Subtitle 2 - Public Officers and Employees
CHAPTER 68B - GOVERNMENT ETHICS AND LOBBYING
68B.32A - DUTIES OF THE BOARD.

        68B.32A  DUTIES OF THE BOARD.
         The duties of the board shall include but are not limited to all
      of the following:
         1.  Adopt rules pursuant to chapter 17A and conduct hearings under
      sections 68B.32B and 68B.32C and chapter 17A, as necessary to carry
      out the purposes of this chapter, chapter 68A, and section 8.7.
         2.  Develop, prescribe, furnish, and distribute any forms
      necessary for the implementation of the procedures contained in this
      chapter, chapter 68A, and section 8.7 for the filing of reports and
      statements by persons required to file the reports and statements
      under this chapter and chapter 68A.
         3.  Establish a process to assign signature codes to a person or
      committee for purposes of facilitating an electronic filing
      procedure.  The assignment of signature codes shall be kept
      confidential, notwithstanding section 22.2.  The board and persons
      electronically filing reports and statements shall keep assigned
      signature codes or subsequently selected signature codes
      confidential.  Signature codes shall not be subject to state security
      policies regarding frequency of change.
         4.  Review the contents of all campaign finance disclosure reports
      and statements filed with the board and promptly advise each person
      or committee of errors found.  The board may verify information
      contained in the reports with other parties to assure accurate
      disclosure.  The board may also verify information by requesting that
      a candidate or committee produce copies of receipts, bills, logbooks,
      or other memoranda of reimbursements of expenses to a candidate for
      expenses incurred during a campaign.  The board, upon its own motion,
      may initiate action and conduct a hearing relating to requirements
      under chapter 68A.
         5.  Receive and file registration and reports from lobbyists of
      the executive branch of state government, client disclosure from
      clients of lobbyists of the executive branch of state government,
      personal financial disclosure information from officials and
      employees in the executive branch of state government who are
      required to file personal financial disclosure information under this
      chapter, and gift and bequest disclosure information pursuant to
      section 8.7.  The board, upon its own motion, may initiate action and
      conduct a hearing relating to reporting requirements under this
      chapter or section 8.7.
         6.  Prepare and publish a manual setting forth examples of
      approved uniform systems of accounts and approved methods of
      disclosure for use by persons required to file statements and reports
      under this chapter, chapter 68A, and section 8.7.  The board shall
      also prepare and publish other educational materials, and any other
      reports or materials deemed appropriate by the board.  The board
      shall annually provide all officials and state employees with
      notification of the contents of this chapter, chapter 68A, and
      section 8.7 by distributing copies of educational materials to each
      agency of state government under the board's jurisdiction.
         7.  Assure that the statements and reports which have been filed
      in accordance with this chapter, chapter 68A, and section 8.7 are
      available for public inspection and copying during the regular office
      hours of the office in which they are filed and not later than by the
      end of the day during which a report or statement was received.
      Rules adopted relating to public inspection and copying of statements
      and reports may include a charge for any copying and mailing of the
      reports and statements, shall provide for the mailing of copies upon
      the request of any person and upon prior receipt of payment of the
      costs by the board, and shall prohibit the use of the information
      copied from reports and statements for any commercial purpose by any
      person.
         8.  Require that the candidate of a candidate's committee, or the
      chairperson of a political committee, is responsible for filing
      disclosure reports under chapter 68A, and shall receive notice from
      the board if the committee has failed to file a disclosure report at
      the time required under chapter 68A.  A candidate of a candidate's
      committee, or the chairperson of a political committee, may be
      subject to a civil penalty for failure to file a disclosure report
      required under section 68A.402, subsection 1.
         9.  Establish and impose penalties, and recommendations for
      punishment of persons who are subject to penalties of or punishment
      by the board or by other bodies, for the failure to comply with the
      requirements of this chapter, chapter 68A, or section 8.7.
         10.  Determine, in case of dispute, at what time a person has
      become a candidate.
         11.  Preserve copies of reports and statements filed with the
      board for a period of five years from the date of receipt.
         12.  Establish a procedure for requesting and issuing board
      advisory opinions to persons subject to the authority of the board
      under this chapter, chapter 68A, or section 8.7.  Local officials and
      local employees may also seek an advisory opinion concerning the
      application of the applicable provisions of this chapter.  Advice
      contained in board advisory opinions shall, if followed, constitute a
      defense to a complaint alleging a violation of this chapter, chapter
      68A, section 8.7, or rules of the board that is based on the same
      facts and circumstances.
         13.  Establish rules relating to ethical conduct for officials and
      state employees, including candidates for statewide office, and
      regulations governing the conduct of lobbyists of the executive
      branch of state government, including but not limited to conflicts of
      interest, abuse of office, misuse of public property, use of
      confidential information, participation in matters in which an
      official or state employee has a financial interest, and rejection of
      improper offers.
         14.  Impose penalties upon, or refer matters relating to, persons
      who discharge any employee, or who otherwise discriminate in
      employment against any employee, for the filing of a complaint with,
      or the disclosure of information to, the board if the employee has
      filed the complaint or made the disclosure in good faith.
         15.  Establish fees, where necessary, to cover the costs
      associated with preparing, printing, and distributing materials to
      persons subject to the authority of the board.
         16.  Establish an expedited procedure for reviewing complaints
      forwarded by the state commissioner of elections to the board for a
      determination as to whether a supervisor district plan adopted
      pursuant to section 331.210A was drawn for improper political reasons
      as described in section 42.4, subsection 5.  The expedited procedure
      shall be substantially similar to the process used for other
      complaints filed with the board except that the provisions of section
      68B.32D shall not apply.
         17.  At the board's discretion, develop and operate a searchable
      internet site database that provides access to information on
      statements or reports filed with the board.  For purposes of this
      subsection, "searchable internet site database" means an internet
      site database that allows the public to search and aggregate
      information and is in a downloadable format.
         18.  At the board's discretion, enter into an agreement with a
      political subdivision authorizing the board to enforce the provisions
      of a code of ethics adopted by that political subdivision.  

         93 Acts, ch 163, § 15; 95 Acts, ch 198, §19; 2004 Acts, ch 1091,
      §10; 2005 Acts, ch 76, §6; 2006 Acts, ch 1035, §2--4, 9; 2006 Acts,
      ch 1185, §69; 2007 Acts, ch 5, §3; 2007 Acts, ch 126, §15; 2008 Acts,
      ch 1031, § 85; 2008 Acts, ch 1115, § 106; 2008 Acts, ch 1184, § 25;
      2008 Acts, ch 1191, § 42; 2009 Acts, ch 181, §41
         Referred to in § 68A.101