Section 351.6.6. Dual executive branch compensation prohibited.

Pursuant to Iowa Code section 68B.2B, an executive branch official or employee shall not receive compensation simultaneously from more than one executive branch agency unless the official or employee provides notice to the board within 20 business days of accepting employment with another executive branch agency.

       6.6(1) Definitions. For purposes of Iowa Code section 68B.2B and this rule, the following definitions apply:

“Executive branch agency” means “agency of state government” or “state agency” as defined in Iowa Code section 68B.2(2). However, the “legislative branch” is not considered an “agency of state government” or “state agency” for purposes of Iowa Code section 68B.2B or this rule.

“Employment with a second executive branch agency” includes services provided as an independent contractor with another executive branch agency.

       6.6(2) Exceptions. The prohibitions in Iowa Code section 68B.2B and this rule do not apply to the following:

        a.           Employment with any governmental entity other than simultaneous employment with two or more executive branch agencies.

        b.           Service in the Iowa national guard.

        c.           An official or employee who is interchanged from one executive branch agency to another executive branch agency pursuant to Iowa Code chapter 28D unless the official or employee is simultaneously receiving compensation from both the “receiving agency” and the “sending agency.”

        d.           Serving on the board, commission, or authority of two or more executive branch agencies.

       6.6(3) Reporting form. An official or employee of the executive branch who accepts simultaneous employment with another executive branch agency shall file Form Dual-Comp within 20 business days of accepting employment with the second executive branch agency. The form shall be filed with the board at 510 East 12th Street, Suite 1A, Des Moines, Iowa 50319; by fax at [phone]; or as an E-mail attachment. The failure to timely file Form Dual-Comp may subject the executive branch official or employee to board sanctions under Iowa Code chapter 68B and rule 351—9.4(68B).

[ARC 9035B, IAB 8/25/10, effective 9/29/10]