Section 351.6.19. Prohibition on receipt of an honorarium.

Pursuant to Iowa Code section 68B.23, an official or employee shall not accept an honorarium from a restricted donor.

       6.19(1) Definitions. For purposes of this rule, the following definitions apply:

“Honorarium” means a payment of compensation or the giving of anything of value to an official or employee in relation to a speaking engagement.

“Restricted donor” means a person as defined in Iowa Code section 68B.2(24).

       6.19(2) Exceptions. An official or employee may receive and accept an honorarium provided that the honorarium consists of:

        a.           Payment of actual expenses for registration, food, beverages, travel, or lodging paid in return for participation on a panel or for a speaking engagement at a meeting. The expenses shall relate directly to the day or days on which the official or employee has participation or speaking responsibilities.

        b.           Receipt of a nonmonetary item or a series of nonmonetary items that the official or employee donates within 30 days of receipt to any of the following:

       (1)             A public body;

       (2)             A bona fide educational or charitable organization; or

       (3)             The department of administrative services. Items donated to the department of administrative services shall be disposed of by assignment to state agencies for official use or by public sale.

        c.           Payment to an official or employee for services rendered as part of a bona fide private business, trade, or profession in which the official or employee is engaged so long as both of the following conditions are met:

       (1)             The payment is commensurate with the actual services rendered; and

       (2)             The payment is being made due to a special expertise or other qualification the recipient possesses separate from the recipient’s status as a public official or public employee.

       6.19(3) Solicitation prohibited. An official or employee shall not solicit, demand, or otherwise request an honorarium from a restricted donor.

This rule is intended to implement Iowa Code sections 68B.23 and 68B.32A(13).

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