Employee Handbook

Section 9 — Incompatible Activities

Gifts

As a public employee of the City and the State of Iowa, certain activities relating to the acceptance of gifts are prohibited.

Iowa Code Section 68B.22 prohibits all City representatives (including paid-on-call firefighters and police reserves), their spouses and dependents from soliciting or receiving gifts in any amount from a restricted donor, except as provided below.

A gift includes money, property, services, discounts or anything else of value in return for which something of equal or greater value is not exchanged or given by the employee.

A restricted donor includes a person who is in any of the following categories:

• Is, or is seeking to be, a party to a sale, purchase, lease or contract with the City of West Des Moines.

• Will directly or substantially be affected financially by the performance of the employee’s official duty in a way greater than the public or a class of persons.

• Someone who is personally the subject of, or a party to, a pending matter before a regulatory agency over which the employee has discretionary authority.

• Is a Lobbyist or a client of a Lobbyist within matter subject to the employee’s jurisdiction.

The following are not considered gifts and are acceptable:

• Contributions to candidates for elected office.

• Informational material.

• Items that are free of charge to the public.

• Items received from organizations by dues-paying employees.

• Expenses given in return for participation in a panel or speaking engagement if they relate directly to the presentation (such as registration, food, beverages, travel, and so forth), or if it is commensurate with the actual services rendered and is not made because of the employee’s status, but rather because of some special expertise or other qualifications. Non-monetary items given to the employee must be donated within 30 days to the City.

• Plaques or items of negligible, non-monetary value.

• Non-monetary items (such as food, pencils, calendars, mugs, magnets, and so forth) with a value of less than $3.00 received in one calendar day.

• Gift items valued between $3.00 - $500 may be accepted by the City employee if the gift is donated within 30 days to a charitable organization or a general operating program of the City.  A written record or receipt shall be maintained in such situations and filed with the City Clerk’s office.

• Gift items valued over $500 shall be donated within 30 days to the City Council in a formal City Council action.  If the City Council does not accept the gift, it shall be returned to the donor, or directed to another public body, bona fide educational or charitable organization.

• Gifts given to the City, not to individual employees (such as holiday food trays or fruit baskets) should be made available to all City representatives.

• Public functions (such as ribbon cuttings or open houses) where food and beverages are offered.

• Public discounts or coupons on goods or services.

• Funeral flowers, certain memorials or wedding presents.

• Gifts (no limit) given to staff from someone who can make decisions regarding employment status.
• Food and beverages provided at a meal that is part of a bona fide event or program at which a recipient is being honored for public service.
• Payment of salary or expenses by a person’s employer or firm.
• Actual registration costs for informational meetings or sessions which assist a public employee in performance of the person’s official functions. 

The following are considered some examples of unacceptable gifts:

• Travel expenses paid by a vendor or contractor to view, observe, examine or inspect a piece of equipment, machinery, building, and so forth.

• A "honoraria” (whether monetary or non-monetary) given in consideration for an appearance, speech or article when the honoraria is not for payment of expenses directly related to the presentation.

• Gifts collectively over $3.00, in one calendar day, given to someone who can make decisions regarding an employee’s employment status.
• The cost of food, drink, lodging and travel are not “registration costs” for information meetings or sessions.
• Meetings or sessions which a public employee attends for personal or professional licensing purposes (not considered informational meetings or sessions).

Lobbying

City employees are not permitted to lobby during work hours unless they are officially designated by the City as a Lobbyist. Any employee not specifically designated as a Lobbyist on behalf of the City who lobbies by espousing a position of the City or speaking in favor of or in opposition to a legislative or regulatory proposal is presumed to be exercising his or her own rights to free speech and the right to petition one’s government. Any persons designated as, or employed by the City as, a Lobbyist shall comply with all registration, reporting, campaign contribution and gift requirements set forth in the Iowa Code Section 68B.38.

In addition to any penalty provided by law, any employee who violates this policy may be subject to disciplinary action, up to and including termination of employment.