ARC 2090C

ARC 2090C

IOWA PUBLIC INFORMATION BOARD[497]

Adopted and Filed

Pursuant to the authority of Iowa Code section 23.6, the Iowa Public Information Board hereby amends Chapter 1, "Organization and General Administration," Iowa Administrative Code.

These amendments are necessary to ensure that the Board's administrative rule on conflicts of interest applies to all staff members and that the administrative rule reflects the requirements in the State Code of Ethics in Iowa Code chapter 68B.

Notice of Intended Action for these amendments was published in the Iowa Administrative Bulletin on May 27, 2015, as ARC 2013C. The Board received no public comment on the proposed amendments. No changes were made to the amendments as published under Notice of Intended Action.

The Iowa Public Information Board adopted these amendments on July 16, 2015.

After analysis and review of this rule making, no impact on jobs has been found.

These amendments are intended to implement Iowa Code sections 23.6 and 68B.2A.

These amendments will become effective on September 9, 2015.

The following amendments are adopted.

Item 1. Amend rule 497—1.4(84GA,ch1115) as follows:

497—1.4(84GA,ch1115 23) Conflict of interest.

1.4(1) Definition. "Conflict of interest" means that a board member, the executive director an employee of the board, or a board member's immediate family, or an immediate family member of an employee of the board has a significant personal, financial, or employment relationship with: a person who has requested an advisory opinion; a person who has petitioned for a declaratory order; a complainant; or a government employee or official or a governmental body that would be directly impacted by an advisory opinion, a declaratory order, or a complaint. For purposes of this rule, "immediate family" means a member's spouse, child, grandchild, or parent the same as "immediate family members" in Iowa Code section 68B.2(11).

1.4(2) Procedures. As soon as a member of the board or the executive director an employee of the board becomes aware of a conflict of interest, the member or executive director employee of the board shall follow these procedures:

a. If the conflict is known before a meeting, the member or executive director employee of the board shall fully disclose the interest to the chairperson of the board in writing at least 24 hours before the meeting.

b. If the conflict is discovered during a meeting, the member or executive director employee of the board shall orally inform the board, and the nature of the conflict shall be reported in writing to the chairperson of the board within 24 hours after the meeting.

c. The board member or executive director employee of the board who has the conflict shall not participate in discussion or vote on any advisory opinion, declaratory order, or complaint.

1.4(3) State code of ethics. Board members and employees of the board shall comply with the state code of ethics found in Iowa Code chapter 68B and in the corresponding administrative rules adopted by the Iowa ethics and campaign disclosure board.

Item 2. Amend 497—Chapter 1, implementation sentence, as follows:

These rules are This rule is intended to implement 2012 Iowa Acts, chapter 1115, section 6 Iowa Code sections 23.6 and 68B.2A.

[Filed 7/17/15, effective 9/9/15]

[Published 8/5/15]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/5/15.