NCO School Ethics Anastasia Baker Hurn, J. D.
Introduction Following the letter of the law is not always enough. County officials and employees must consider the impression or appearance that will result from certain actions. In some cases you may do something perfectly legal, but have the appearance of impropriety – which can be just as damaging – both politically and personally – as if you had violated the law.
Official Misconduct Felonious Misconduct Makes or gives any false entry, false return, false certificate or false receipt where those items are authorized by law, or Falsifies any public record or issues any document falsely purporting to be a public document. Class “D” felony – up to 5 years in prison and may include a fine of $500 - $7500.
Official Misconduct Nonfelonious Misconduct Serious Misdemeanor – up to 1 year in prison or a fine from $250 - $1500, or both. Some examples: n n n Making a contract for an expenditure in excess of what is authorized by law. Use power of office to require a person to do anything in excess of what is authorized by law. Using or allowing someone to use public property for a private purpose, for personal gain and to the detriment of the public body. Using public vehicles for political purposes. Failing to perform a duty required by law.
Political Expenditures The County shall not permit the expenditure of public moneys for political purposes, including expressly advocating the passage or defeat of a ballot issue. Iowa Attorney General opined that using public funds to disseminate information regarding why a ballot issue was proposed is permissible. County officials cannot use public funds or resources to assist with re-election.
Bribery and Corruption Public official who solicits or knowingly accepts a promise or anything of value or any benefit given under an arrangement that the promise or thing of value or benefit will influence the public official’s act, vote, opinion, judgment or exercise of discretion commits a Class “C” felony. Imprisonment for up to 10 years and may include a fine of no more than $10, 000.
Removal From Office Any appointed or elected official may be removed from office for: n n n n Willful and habitual neglect or refusal to perform the duties of the office Willful misconduct or maladministration in office Corruption Extortion Upon conviction of a felony For intoxication or upon conviction of being intoxicated Conviction of violation of campaign finance disclosure
Removal From Office Automatic Removal n n Incumbent ceases to be a resident of the county. Supervisor ceases to be a resident of the district from which he or she was elected, if county elects supervisors by district. Conviction of incumbent of a felony, aggravated misdemeanor, or any public offense involving the violation of the incumbent’s oath of office, or Incumbent simultaneously holding more than one elective office at the same level of government.
Nepotism Unlawful for any elected or appointed county official to appoint a close relative as deputy, clerk or helper, if that close relative is to be paid from public funds. Includes children, grandchildren, parents, grandparents, nieces/nephews, greatgrandchildren, aunts/uncles, brothers/sisters. Nepotism law does not prohibit employment by COUNTY BOARDS of persons related to one of the Board members.
Conflicts of Interest County Contracts n An officer or employee of a county is prohibited from having any interest, direct or indirect, in a contract with that county, other than an employment contract. Outside Employment n Any person who serves or is employed by the county shall not engage in any outside employment or activity “which is in conflict with the person’s official duties and responsibilities. ”
Incompatibility of Office Bars a person from holding two public offices that are incompatibility. Incompatibility – is there an inconsistency in the functions of the two offices. Office of Supervisor is incompatible with Office of Mayor. Supervisors can serve on boards and or commissions.
Gift Law County officials or employees are prohibited from directly or indirectly accepting or receiving “any gift or series of gifts. ” There are many things that are excluded from the definition of gift, including: n n Campaign contributions Informational material relevant to officials functions – books, pamphlets, reports Plaques Items of $3. 00 or less
Gift Law Gift law only prohibits the acceptance of gifts given by someone defined as a “restricted donor. ” n n Is doing or seeking to do business with the county. Is engaged in activities which are regulated or controlled by the county. Will be substantially and materially affected financially by the performance or nonperformance of the official’s duty in a manner that is greater than the effect on the public generally, OR Is a lobbyist with respect to matters within the county’s official jurisdiction.
Lobbying Under Iowa law, elected county officials do not have to register to lobby. There are some cases in which nonelected employees have to register.
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