NCO School Ethics

1
NCO SchoolEthics

• Anastasia Baker Hurn, J.D.

2
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.

3
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.

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Official Misconduct

• Nonfelonious Misconduct
• Serious Misdemeanor up to 1 year in prison or a
  fine from 250 - 1500, or both.
• Some examples
• 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.

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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.

6
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 officials 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.

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Removal From Office

• Any appointed or elected official may be removed
  from office for
• 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

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Removal From Office

• Automatic Removal
• 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 incumbents oath of office, or
• Incumbent simultaneously holding more than one
  elective office at the same level of government.

9
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, great-
  grandchildren, aunts/uncles, brothers/sisters.
• Nepotism law does not prohibit employment by
  COUNTY BOARDS of persons related to one of the
  Board members.

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Conflicts of Interest

• County Contracts
• 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
• 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
  persons official duties and responsibilities.

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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.

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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
• Campaign contributions
• Informational material relevant to officials
  functions books, pamphlets, reports
• Plaques
• Items of 3.00 or less

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Gift Law

• Gift law only prohibits the acceptance of gifts
  given by someone defined as a restricted donor.
• 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 officials duty in a manner that is
  greater than the effect on the public generally,
  OR
• Is a lobbyist with respect to matters within the
  countys official jurisdiction.

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Lobbying

• Under Iowa law, elected county officials do not
  have to register to lobby.
• There are some cases in which non-elected
  employees have to register.