Section 351.6.12. Sales or leases by members of the office of the governor.

A permanent full-time member of the office of the governor shall not directly or indirectly sell or lease any goods or services to registered lobbyists before the general assembly or the executive branch or to individuals, associations, or corporations that employ persons who are registered lobbyists before the general assembly or the executive branch except as provided in Iowa Code section 68B.4B and this rule. This prohibition does not apply to sales or leases that are part of the member’s state duties.

       6.12(1) Request for consent. A request submitted by a member of the office of the governor for consent to sell or lease goods or services shall comply with all of the following:

        a.           The request shall be in writing and shall be filed at least 20 calendar days in advance of the proposed sale or lease of any goods or services with the person responsible for hiring or approving the hiring of the member.

        b.           The request shall include all of the following:

       (1)             The name of the lobbyist, individual, association, or corporation to which the goods or services are to be sold or leased;

       (2)             The relationship of the lobbyist, individual, association, or corporation to the office of the governor;

       (3)             A description of the goods or services;

       (4)             The date or dates that the goods or services will be delivered; and

       (5)             A statement by the member explaining how the proposed sale or lease of the goods or services will not violate the provisions of Iowa Code section 68B.4B or create a conflict of interest under Iowa Code section 68B.2A.

       6.12(2) Guidelines for granting consent. In determining whether to grant consent, the person responsible for hiring or approving the hiring of the member shall take the following guidelines into consideration:

        a.           The duties and functions performed by the member are not related to the authority of the office of the governor over the lobbyist, individual, association, or corporation.

        b.           The selling or leasing of goods or services by the member to the lobbyist, individual, association, or corporation does not affect the member’s duties or functions at the office of the governor.

        c.           The selling or leasing of any goods or services by the member to a lobbyist, individual, association, or corporation does not include lobbying the office of the governor.

        d.           The selling or leasing of any goods or services by the member does not cause the member to sell or lease goods or services to the office of the governor on behalf of the lobbyist, individual, association, or corporation.

        e.           The selling or leasing of the goods or services will not result in a conflict of interest as provided in Iowa Code section 68B.2A.

        f.            The request complies with the procedural requirements of subrule 6.12(1).

        g.           A blanket consent may be granted for sales or leases to classes of lobbyists, individuals, associations, or corporations when such blanket consent is consistent with subrule 6.12(2) and the granting of single consents is impractical or impossible to determine.

These guidelines shall be publicized and made known to members of the office of the governor.

       6.12(3) Decision. The person responsible for hiring or approving the hiring of the member shall issue a written consent or denial within 14 calendar days following the date the request was filed. The deadline may be extended by agreement of both the member and the person. If the request is denied, the person shall state the reasons for the denial.

       6.12(4) Appeal of denial. A member who receives a denial may file a request with the board for a contested case proceeding pursuant to 351—Chapter 11 for a determination of whether the situation described in the request complies with the requirements of Iowa Code section 68B.2A, Iowa Code section 68B.4B and this rule. The final order of the board constitutes final agency action for purposes of seeking judicial review.

       6.12(5) Copy of consent filed with board. Pursuant to Iowa Code section 68B.4B, a copy of the consent granted to a member shall be filed with the board within 20 days of the granting of consent. The board shall treat the consent as a public record. The failure to provide a copy of the consent may result in the imposition of board sanctions against the person who granted the consent.

       6.12(6) Consent not a defense. Consent granted under this rule shall not constitute a defense to a complaint alleging a violation of any law or rule. It is the responsibility of the member of the office of the governor to ensure compliance with all applicable laws and rules.

This rule is intended to implement Iowa Code section 68B.4B.

[Editorial change: IAC Supplement 4/8/09]