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Gifts, Honoraria, Service Contracts

Gifts, Honoraria and Service Contracts- Iowa Court Rules 22.22-22.25

 Rule 22.22 Gifts

22.22(1) Except as otherwise provided in this rule, an official or employee of the judicial branch or a member of that person’s immediate family shall not, directly or indirectly, accept, receive or solicit any gift or series of gifts.

22.22(2) As used in this rule:

a.   “Gift” means a rendering of anything of value in return for which legal consideration of equal or greater value is not given or received, if the donor is:

(1)   A party or other person involved in a case pending before the donee.

(2)   A party or a person seeking to be a party to any sale, purchase, lease or contract involving the judicial branch or any of its offices, if the donee has authority to approve the sale, purchase, lease or contract, or if the donee assists or advises the person with authority to approve the sale, purchase, lease or contract.

(3)   A person who will be directly or substantially affected by the performance or nonperformance of the donee’s official duties in a way that is greater than the effect on the public generally or on a substantial class of persons to which the donor belongs as a member of a profession, occupation, industry or region.

b.   “Gift” does not include:

(1)   Informational material relevant to the official’s or employee’s duties, such as books, pamphlets, reports, documents or periodicals, or the cost of registration for an education conference or seminar which is relevant to the official’s or employee’s duties.

(2)   Anything received from a person related within the fourth degree of kinship or marriage, unless the donor is acting as an agent or intermediary for another person not so related.

(3)   An inheritance or bequest.

(4)   Anything available or distributed to the public generally without regard to the official status of the recipient.

(5)   Actual expenses of a donee for food, beverages, travel, and lodging, which is given in return for participation at a meeting as a speaker, panel member or facilitator, when the expenses relate directly to the day or days on which the donee participates at the meeting, including necessary travel time.

(6)   Plaques or items of negligible resale value given as recognition for public service.

(7)   Nonmonetary items with a value of $3 or less that are received from any one donor during one calendar day.

(8)   Items or services solicited or given to a state, national or regional organization in which the state of Iowa or a political subdivision of the state is a member.

(9)   Items or services received as part of a regularly scheduled event that is part of a conference, seminar or other meeting that is sponsored and directed by any state, national or regional organization in which the judicial branch is a member.

(10)   Funeral flowers or memorials to a church or nonprofit organization.

(11)   Gifts which are given to an official or employee for the official’s or the employee’s wedding or twenty–fifth or fiftieth wedding anniversary.

c.   “Immediate family” means the spouse and minor children of an official or employee of the judicial branch.

22.22(3) For purposes of determining the value of an item, an individual who gives an item on behalf of more than one person shall not divide the value of the item by the number of persons on whose behalf the item is given and the value shall be the value actually received by the donee.

22.22(4) An official or employee of the judicial branch or the person’s immediate family member, may accept a nonmonetary gift or a series of nonmonetary gifts and not be in violation of this rule if the nonmonetary gift or series of nonmonetary gifts is donated within 30 days to a public body, the state court administrator, the department of general services, or a bona fide educational or charitable organization, if no part of the net earnings of the educational or charitable organization inures to the benefit of any private stockholder or other individual. 

 

22.23 Honoraria

22.23(1) An official or employee of the judicial branch shall not seek or accept an honorarium.

22.23(2) As used in this rule:

a.   “Honorarium” means anything of value that is accepted by, or on behalf of, an official or employee of the judicial branch as consideration for an appearance, speech or article if the donor is:

(1)   A party or other person involved in a case pending before the donee.

(2)   A party or person seeking to be a party to any sale, lease, or contract involving the judicial branch or any of its offices, if the donee has authority to approve the sale, lease, or contract or if the donee assists or advises the person with authority to approve the sale, lease, or contract.

(3)   A person who will be directly and substantially affected by the performance or nonperformance of the donee’s official duties in a way that is greater than the effect on the public generally or on a substantial class of persons to which the donor belongs as a member of a profession, occupation, industry or region.

b.   “Honorarium” does not include:

(1)   Actual expenses of a donee for food, beverages, travel, lodging and registration which is given in return for participation at a meeting as a speaker, panel member or facilitator when the expenses relate directly to the day or days on which the donee participates at the meeting, including necessary travel time.

(2)   Payment to an employee for services rendered as part of outside employment which has been approved pursuant to the department’s personnel policies, if the payment is commensurate with the actual activity or services rendered and not based upon the employee’s position within the department, but, rather, because of some special expertise or other qualification.

(3)   Payment to a judge or magistrate for officiating and making return for a marriage pursuant to rule 22.29.

(4)   Payment to a judge or senior judge for instruction at an accredited education institution, if the payment is commensurate with the actual activity or services rendered and not based upon the judge’s official position.

(5)   Payment to a part–time judge for services rendered as part of a bona fide business or profession in which the judge is engaged, if the payment is commensurate with the actual activity or services rendered and not based upon the judge’s official position.

(6)   Payment to a senior judge for services rendered as an arbitrator or mediator, if the payment is commensurate with the actual activity or services rendered and not based upon the senior judge’s official position.

 

Rule 22.24 Interest in Public Contracts

22.24(1) A full–time official or employee of the judicial branch shall not sell any goods or services to any state agency.

Rule 22.24(2) As used in this rule, “services” does not include any of the following:

a.   Instruction at an accredited education institution by a judge, senior judge or magistrate if permitted as a quasi–judicial or extrajudicial activity pursuant to the Code of Judicial Conduct or by an employee as part of outside employment which has been approved pursuant to the judicial branch’s personnel policies.

b.   The preparation of a transcript by an official court reporter.

 

Rule 22.25 Services against the state

22.25(1) No official or employee of the judicial branch shall receive, directly or indirectly, or enter into an agreement, express or implied, for any compensation, in whatever form, for the appearance or rendition of services against the interest of the state in relation to any case, proceeding, application, or other matter before any state agency, any court of the state of Iowa, any federal court, or any federal bureau, agency, commission or department.

Rule 22.25(2) As used in this rule, “appearance or service against the interest of the state” means an appearance or service which conflicts with a person’s duties or employment obligations owed to the state.

 

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