Executive Order 28

~ti~· ..~. . llJJff&)tap (ji'J~ ~~ J!fxrmiilrE i!B£yarlnumt "' IN THE NAME AND BY THE AUTHORITY OfTHE STATE Of IOWA EXECUTIVE ORDER NUMBER TWENTY- EIGHT WHEREAS, the case of State vs. Pribyl has raised questions about the enforceability of the gift law (1985 Iowa Code Chapter 688) and WHEREAS, the Attorney General has advi sed in a press release dated December 11, 1986, that state officials and employees should conform to the strictest interpretation of the gift law that might be used by a District Court. This would mean conforming to the provisions of the 1979 Iowa Code Chapter 689 in certain respects and the 1980 Iowa Code Chapter 689 in others . WHEREAS, the Governor has authority as chief executive of the State of Iowa to issue an executive order relating to the reporting of gifts made to officials and employees of the executive department of the state and their immediate farni~y members. NOW, THEREFORE, I, Terry E . Branstad, Governor of the State of Iowa, do hereby establish the following gift reporting requirements for the executive department of state government. ARTICLE I. SCOPE OF APPLICATION "Employee" means any full - time, salaried employee of the State of Iowa including clerical employees but not including part- time employees or independe nt contract o r s. "Official" means any official of the State of Iowa receiving a salary or per di em whether serving full-time or part-time including supervisory personne l and members of state agencies but not including members of the general assembly or legislative employees. "Official" or "Employee" includes any firm or association of which an official ·or employee is a member or partner and any corporation of which an official or employee holds t e n percent or more of the stock either directly o r i ndirectly . The use of the a bove terms shall a l s o i nclude spouses and unema ncipat ed minor children. "Immedi a te family members" means the spouse or minor children of a person required to file rep~rts pursuant to this executive o r der . ARTICLE II. GIFTS SOLIC ITED OR ACCEPTED A. Official s a n d employees shall abide by not soliciting , a ccepting or rece iving any gift having a value of $25 or mor e wh ether in the form of money, service, loan, t r avel , e nter tainment, hospitality, thing , o r p r omise, or in any other form in a ny one occur r e nce. B . No person shall offer or give any gift to any official or employee which has a value in excess of $25 in any one occurre nce. C . A gift, for pur poses o f this executive order, does not includ e campaign contributions or gifts which a r e unrelated to s tate government pursuant to 1979 Iowa Code Section 688 . 5 . D. A p e rson shall not directly o r indirectly join with one or mo re p ersons to o f fe r or give any gift or s eri es o f gifts to an o f fic i al or employee which has a tota l value of $25 or more i n any occurrence . I n d etermining the value of a gift to the donee the gift is not divi s ible b y the number of ~ erso n s participating in p r o viding the gift . ARTICLE III. DISCLOSURE REPORT A. An official o r employee who receives or whose immediate family r e c e ives a g i f t in any one occurrence which has a value in excess of fifteen dollars shall file a wr itte n r epo r t with the Secretary of State . B . A person who gives a ny g i ft in any one occurrence to a state o fficial or employee or immediate family member which has a value in excess of fifte e n dollars s h all file a written report with the Se c retary of State . c . An official o r employee o r immediate family member who r eceives a gift or a s eries of gifts exceeding an aggrega t e value of f i fty dollars in any one calenda r year from on e donor, shall file a written report with the Secretary of State . o. If a p erson g i ves a gift o r seri es of gifts exceeding an aggreg ate value o f f ifty dollars in any o ne calendar year to any o ff i cial or employee o r i mmediate family member, the person shall file a wri tten report wi th t he Secretary of State . E . The repo r t sh a l l be fil ed by the fifteenth day of the month following t he month i n which the gjft was received o r given. The r epor t shall show the donor, done e, nature, value and date of the gift . F . The Se cre tary of State shall make available forms fo r filing o f these reports , upon request, to any person required to fi l e a r epor t . The reports shall be availabl e for p ub l i c inspection under conditions consistent with 1985 Iowa Code Chapter 22, relating to public record s. ARTICLE IV. PARTIES IN HONOR OF STATE OFFICIALS OR EMPLOYEES Parties given by a lobbyist OL lobbyists in the honor of officials or employees shall not be allowed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and caused the Great Seal of the State of Iowa to be affixed. Done at Des Moines this_.fi:b._day of March, in the year of our Lord one thousand nine hundred eighty-seven. ~~~93~QGOVERNOR