I wanted to post some more of possible relevant Code sections related to the City Council vote that took place last Thursday night.
Iowa Code Section 15A.2 states:
15A.2 Conflicts of interest .
1. a. If a member of the governing body of a city or county or an employee of a state, city, or county board, agency, commission, or other governmental entity of the state, city, or county has an interest , either direct or indirect, in a private person for which grants, loans, guarantees, tax incentives, or other financial assistance may be provided by the governing board or governmental entity, the interest shall be disclosed to that governing body or governmental entity in writing. The member or employee having the interest shall not participate in the decision-making process with regard to the providing of such financial assistance to the private person. (emphasis added)
b. Employment by a public body, its agencies, or institutions or by any other person having such an interest shall not be deemed an indicia of an interest by the employee or of any ownership or control by the employee of interests of the employee's employer.
c. The word "participate" or "participation" shall be deemed not to include discussion or debate preliminary to a vote of a local governing body or agency upon proposed ordinances or resolutions relating to such a project or any abstention from such a vote.
d. The designation of a bank or trust company as depository, paying agent, or agent for investment of funds shall not be deemed a matter of interest or personal interest .
e. Stock ownership in a corporation having such an interest shall not be deemed an indicia of an interest or of ownership or control by the person owning the stocks when less than five percent of the outstanding stock of the corporation is owned or controlled directly or indirectly by that person.
f. The phrase "decision-making process" shall not be deemed to include resolutions advisory to the local governing body or agency by any citizens group, board, body, or commission designated to serve a purely advisory approving or recommending function for economic development.
2. A violation of a provision of this section is misconduct in office under section 721.2. (emphasis added) However, a decision of the governing board or governmental entity is not invalid because of the participation of the member or employee in the decision-making process or because of a vote cast by a member or employee in violation of this section unless the participation or vote was decisive in the awarding of the financial assistance.
Iowa Code 15A.2 has a possible application in:
Section 15A.2 indicates that city council members who work at one of their city's major industries, or whose spouses work there, may participate in council discussions on a proposed “economic development grant” involving the employer and vote on a resulting award of financial assistance to it. These council members should exercise great caution whenever an economic development measure involving the employer comes before the council for discussion or vote; disclose on the record the facts and general circumstances of their employment or a spouse's employment before the council discusses or otherwise considers any such measure; and consult with the city attorney before participating in any matter involving a financial benefit unique to the employer. Council members who wish to exercise caution in resolving conflicts of interest should abstain from participating in the decision making process or voting on any resulting award of financial impropriety. (emphasis added) Section 362.5 prohibits these council members from participating in council discussions on the employer's proposed purchase of vacated streets and alleys and from voting on any resulting contract with the employer.
The above was taken from Op.Atty.Gen No. 98-5-3.
Finally, Code section 15A.2 talks about a possible violation under section 721.2. Code 721.2 states:
Any public officer or employee, or any person acting under color of such office or employment, who knowingly does any of the following, commits a serious misdemeanor: (emphasis added)
1. Makes any contract which contemplates an expenditure known by the person to be in excess of that authorized by law.
2. Fails to report to the proper officer the receipt or expenditure of public moneys, together with the proper vouchers therefor, when such is required of the person by law.
3. Requests, demands, or receives from another for performing any service or duty which is required of the person by law, or which is performed as an incident of the person's office or employment, any compensation other than the fee, if any, which the person is authorized by law to receive for such performance.
4. By color of the person's office and in excess of the authority conferred on the person by that office, requires any person to do anything or to refrain from doing any lawful thing.
5. Uses or permits any other person to use the property owned by the state or any subdivision or agency of the state for any private purpose and for personal gain, to the detriment of the state or any subdivision thereof.
6. Fails to perform any duty required of the person by law.
7. Demands that any public employee contribute or pay anything of value, either directly or indirectly, to any person, organization or fund, or in any way coerces or attempts to coerce any public employee to make any such contributions or payments, except where such contributions or payments are expressly required by law.
8. Permits persons to use the property owned by the state or a subdivision or agency of the state to operate a political phone bank for any of the following purposes:
a. To poll voters on their preferences for candidates or ballot measures at an election; however, this paragraph does not apply to authorized research at an educational institution.
b. To solicit funds for a political candidate or organization.
c. To urge support for a candidate or ballot measure to voters.
This post is very law intensive; however, I felt I should post some relevant Iowa Code sections that may relate to the vote in addition to the Iowa Code sections that I posted earlier.
I would like to thank you for starting this blog. It is very frustrating to have a local newspaper that is so bias.
ReplyDeleteNice job on the letter. It is sad when the paper is so biased that they don't want any opposing views.
ReplyDeleteI saw nothing in this information that shows there was a conflict of interest in council person Gallentine voting on the part-time help at the golf course. This State Code has to do with Grants, Loans, Tranfer or Lease of Property.
ReplyDeleteSo just a question to ask everyone. Do you think (no matter what the legality is) that there was no conflict of interest with an elected government official voting for their offspring into a paid government position?
ReplyDeleteTo the statement posted at 4:13 PM, I will point out that courts have found that a council member who has a direct personal interest, a financial interest, or an appearance of impropriety in a matter coming before the council is not eligible to vote in that matter. Furthermore, one Iowa court case has stated: "We doubt if any rule of law has more longevity than that which condemns conflict between the public and private interests of governmental officials and employees nor any which has been more consistently and rigidly applied." This case also goes on to state: "These rules, whether common law or statutory, are based on moral principles and public policy. They demand complete loyalty to the public and seek to avoid subjecting a public servant to the difficult, and often insoluble, task of deciding between public duty and private advantage."
ReplyDelete