NCO SchoolNCO SchoolEthicsEthics

Anastasia Baker Hurn, J.D.Anastasia Baker Hurn, J.D.

IntroductionIntroduction

Following the letter of the law is not always Following the letter of the law is not always enough. County officials and employees must enough. County officials and employees must consider the impression or appearance that will consider the impression or appearance that will result from certain actions.result from certain actions.

In some cases you may do something perfectly In some cases you may do something perfectly legal, but have the appearance of impropriety – legal, but have the appearance of impropriety – which can be just as damaging – both politically which can be just as damaging – both politically and personally – as if you had violated the law.and personally – as if you had violated the law.

Official MisconductOfficial Misconduct

Felonious MisconductFelonious MisconductMakes or gives any false entry, false return, false Makes or gives any false entry, false return, false certificate or false receipt where those items are certificate or false receipt where those items are authorized by law, orauthorized by law, or

Falsifies any public record or issues any document Falsifies any public record or issues any document falsely purporting to be a public document.falsely purporting to be a public document.

Class “D” felony – up to 5 years in prison and may Class “D” felony – up to 5 years in prison and may include a fine of $500 - $7500.include a fine of $500 - $7500.

Official MisconductOfficial Misconduct

Nonfelonious MisconductNonfelonious MisconductSerious Misdemeanor – up to 1 year in prison or a fine from Serious Misdemeanor – up to 1 year in prison or a fine from $250 - $1500, or both.$250 - $1500, or both.Some examples:Some examples:

Making a contract for an expenditure in excess of what is Making a contract for an expenditure in excess of what is authorized by law.authorized by law.

Use power of office to require a person to do anything in excess Use power of office to require a person to do anything in excess of what is authorized by law.of what is authorized by law.

Using or allowing someone to use public property for a private Using or allowing someone to use public property for a private purpose, for personal gain and to the detriment of the public purpose, for personal gain and to the detriment of the public body.body.

Using public vehicles for political purposes.Using public vehicles for political purposes. Failing to perform a duty required by law.Failing to perform a duty required by law.

Political ExpendituresPolitical Expenditures

The County shall not permit the expenditure of The County shall not permit the expenditure of public moneys for political purposes, including public moneys for political purposes, including expressly advocating the passage or defeat of a expressly advocating the passage or defeat of a ballot issue.ballot issue.

Iowa Attorney General opined that using public Iowa Attorney General opined that using public funds to disseminate information regarding why funds to disseminate information regarding why a ballot issue was proposed is permissible.a ballot issue was proposed is permissible.

County officials cannot use public funds or County officials cannot use public funds or resources to assist with re-election. resources to assist with re-election.

Bribery and CorruptionBribery and Corruption

Public official who solicits or knowingly Public official who solicits or knowingly accepts a promise or anything of value or accepts a promise or anything of value or any benefit given under an arrangement any benefit given under an arrangement that the promise or thing of value or that the promise or thing of value or benefit will influence the public official’s benefit will influence the public official’s act, vote, opinion, judgment or exercise of act, vote, opinion, judgment or exercise of discretion commits a Class “C” felony.discretion commits a Class “C” felony.Imprisonment for up to 10 years and may Imprisonment for up to 10 years and may include a fine of no more than $10,000.include a fine of no more than $10,000.

Removal From OfficeRemoval From Office

Any appointed or elected official may be Any appointed or elected official may be removed from office for:removed from office for: Willful and habitual neglect or refusal to perform the Willful and habitual neglect or refusal to perform the

duties of the officeduties of the office Willful misconduct or maladministration in officeWillful misconduct or maladministration in office CorruptionCorruption ExtortionExtortion Upon conviction of a felonyUpon conviction of a felony For intoxication or upon conviction of being For intoxication or upon conviction of being

intoxicatedintoxicated Conviction of violation of campaign finance disclosureConviction of violation of campaign finance disclosure

Removal From OfficeRemoval From Office

Automatic RemovalAutomatic Removal Incumbent ceases to be a resident of the county.Incumbent ceases to be a resident of the county. Supervisor ceases to be a resident of the district from Supervisor ceases to be a resident of the district from

which he or she was elected, if county elects which he or she was elected, if county elects supervisors by district.supervisors by district.

Conviction of incumbent of a felony, aggravated Conviction of incumbent of a felony, aggravated misdemeanor, or any public offense involving the misdemeanor, or any public offense involving the violation of the incumbent’s oath of office, orviolation of the incumbent’s oath of office, or

Incumbent simultaneously holding more than one Incumbent simultaneously holding more than one elective office at the same level of government.elective office at the same level of government.

NepotismNepotism

Unlawful for any elected or appointed county Unlawful for any elected or appointed county official to appoint a close relative as deputy, official to appoint a close relative as deputy, clerk or helper, if that close relative is to be paid clerk or helper, if that close relative is to be paid from public funds.from public funds.Includes children, grandchildren, parents, Includes children, grandchildren, parents, grandparents, nieces/nephews, great- grandparents, nieces/nephews, great- grandchildren, aunts/uncles, brothers/sisters.grandchildren, aunts/uncles, brothers/sisters.Nepotism law does not prohibit employment by Nepotism law does not prohibit employment by COUNTY BOARDS of persons related to one of COUNTY BOARDS of persons related to one of the Board members.the Board members.

Conflicts of InterestConflicts of Interest

County ContractsCounty Contracts An officer or employee of a county is prohibited from An officer or employee of a county is prohibited from

having any interest, direct or indirect, in a contract having any interest, direct or indirect, in a contract with that county, other than an employment contract.with that county, other than an employment contract.

Outside EmploymentOutside Employment Any person who serves or is employed by the county Any person who serves or is employed by the county

shall not engage in any outside employment or shall not engage in any outside employment or activity “which is in conflict with the person’s official activity “which is in conflict with the person’s official duties and responsibilities.”duties and responsibilities.”

Incompatibility of OfficeIncompatibility of Office

Bars a person from holding two public Bars a person from holding two public offices that are incompatibility.offices that are incompatibility.

Incompatibility – is there an inconsistency Incompatibility – is there an inconsistency in the functions of the two offices.in the functions of the two offices.

Office of Supervisor is incompatible with Office of Supervisor is incompatible with Office of Mayor.Office of Mayor.

Supervisors can serve on boards and or Supervisors can serve on boards and or commissions.commissions.

Gift LawGift Law

County officials or employees are prohibited County officials or employees are prohibited from directly or indirectly accepting or receiving from directly or indirectly accepting or receiving “any gift or series of gifts.”“any gift or series of gifts.”

There are many things that are excluded from There are many things that are excluded from the definition of gift, including:the definition of gift, including: Campaign contributionsCampaign contributions Informational material relevant to officials functions – Informational material relevant to officials functions –

books, pamphlets, reportsbooks, pamphlets, reports PlaquesPlaques Items of $3.00 or lessItems of $3.00 or less

Gift LawGift Law

Gift law only prohibits the acceptance of gifts Gift law only prohibits the acceptance of gifts given by someone defined as a “restricted given by someone defined as a “restricted donor.”donor.” Is doing or seeking to do business with the county.Is doing or seeking to do business with the county. Is engaged in activities which are regulated or Is engaged in activities which are regulated or

controlled by the county.controlled by the county. Will be substantially and materially affected financially Will be substantially and materially affected financially

by the performance or nonperformance of the official’s by the performance or nonperformance of the official’s duty in a manner that is greater than the effect on the duty in a manner that is greater than the effect on the public generally, ORpublic generally, OR

Is a lobbyist with respect to matters within the Is a lobbyist with respect to matters within the county’s official jurisdiction.county’s official jurisdiction.

LobbyingLobbying

Under Iowa law, elected county officials do Under Iowa law, elected county officials do not have to register to lobby. not have to register to lobby.

There are some cases in which non-There are some cases in which non-elected employees have to register.elected employees have to register.