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Operations Manual The University of Iowa

PART II. COMMUNITY POLICIES
DIVISION I HUMAN RIGHTS, AFFIRMATIVE ACTION, AND EQUAL EMPLOYMENT OPPORTUNITY

(Written to conform to Regents Procedural Guide 3/74; amended 9/93; 10/95; 9/97)

CHAPTER 35: PROHIBITION ON GIVING AND RECEIVING GIFTS

(10/94; 5/99)
35.1 General Policy
35.2 Definitions
35.3 Honoraria
35.4 Application
35.5 Enforcement

35.1 GENERAL POLICY.
The following outlines the "gift law," Chapter 68B of the Iowa Code, as it relates to University of Iowa employees. The outline is not a substitute for the law, but is intended to guide and put University employees on notice of their responsibilities under the law. The law prohibits public officials, public employees, candidates for public office, and members of their immediate families from soliciting or accepting gifts from a "restricted donor." A transaction is prohibited if all three of the following conditions exist:

35.2 DEFINITIONS.
(Amended 5/99)

Under the law, the following definitions apply:

35.3 HONORARIA.
Honoraria, from a restricted donor, are banned unless for: 1) directly related expenses paid in return for participation in a panel or a speaking engagement (e.g., travel expenses to the engagement); 2) services rendered as part of one's private business, trade, or profession; or 3) when donated within thirty days to an educational or charitable organization or other public body. Note that faculty and staff should consult III-17.13, 17.15, 17.17, and II-18 as the University's policies on conflicts of interest may restrict faculty and staff from accepting payments.
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35.4 APPLICATION.
A public employee, official, or a member of the public employee's immediate family who receives something of value from a restricted donor, and an exclusion does not apply, has received a "gift" and gifts are banned. A prohibited gift may be accepted if donated within thirty days to a public body, the Department of General Services, or an educational or charitable organization. Questions about Chapter 68B, its application, or provisions, should be addressed to the Office of the General Counsel.
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35.5 ENFORCEMENT.
Civil and Criminal Penalties: Civil and criminal penalties may be imposed for violating Chapter 68B. The Ethics and Campaign Disclosure Board administers Chapter 68B and processes civil complaints. It may impose a maximum civil penalty of $2,000 for each violation and/or recommend removal or suspension from office. A criminal conviction of a Chapter 68B violation is a serious misdemeanor for which a penalty of imprisonment for one year and a $1,000 fine may be imposed.

(See also II-34 Lobbying Restrictions Applicable to Public Employees and Officials; II-18 Conflicts of Commitment and Interest.)
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(IC 68B)


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Page last updated June 2013 by Office of the Senior Vice President for Finance and Operations