CHAPTER 721 OFFICIAL MISCONDUCT
Candidates; see also § 49.120, 49.121

721.1 FELONIOUS MISCONDUCT IN OFFICE.
721.2 NONFELONIOUS MISCONDUCT IN OFFICE.
721.3 SOLICITATION FOR POLITICAL PURPOSES.
721.4 USING PUBLIC MOTOR VEHICLES FOR POLITICAL PURPOSES.
721.5 STATE EMPLOYEES NOT TO PARTICIPATE.
721.6 EXCEPTION TO SECTIONS 721.3 TO 721.5.
721.7 PENALTY FOR VIOLATING SECTIONS 721.3 TO 721.6.
721.8 LABELING PUBLICLY OWNED MOTOR VEHICLES.
721.9 PUNISHMENT FOR VIOLATION OF SECTION 721.8.
721.10 MISUSE OF PUBLIC RECORDS AND FILES.
721.11 INTEREST IN PUBLIC CONTRACTS.
721.12 PROFITING FROM INMATES -- PENALTY.



        

721.1 FELONIOUS MISCONDUCT IN OFFICE. Any public officer or employee, who knowingly does any of the following, commits a class "D" felony: 1. Makes or gives any false entry, false return, false certificate, or false receipt, where such entries, returns, certificates, or receipts are authorized by law. 2. Falsifies any public record, or issues any document falsely purporting to be a public document. 3. Falsifies a writing, or knowingly delivers a falsified writing, with the knowledge that the writing is falsified and that the writing will become a public record of a government body. 4. For purposes of this section, "government body" and "public record" mean the same as defined in section 22.1.

        &nbSection History: Early Form

         [C51, § 2677; R60, § 4304, 4309; C73, § 3968, 3971; C97, § 1136,
      4907, 4910; C24, 27, 31, 35, 39, § 13283, 13311, 13314; C46, 50,
      54, 58, 62, 66, 71, 73, 75, 77, § 738.21, 740.9, 740.12; C79, 81, §
      721.1] 

         Section History: Recent Form

         2001 Acts, ch 31, §1
        

721.2 NONFELONIOUS MISCONDUCT IN OFFICE. 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: 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.

         Section History: Early Form

        

1. [R60, § 216, 2184; C73, § 3976; C97, § 4913; C24, 27, 31, 35, 39, § 13313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.11; C79, 81, § 721.2]

2. [R60, § 216, 2184, 4308--4310; C73, § 3970--3972, 3976; C97, § 4909--4911, 4913; C24, 27, 31, 35, 39, § 13309--13311, 13313; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.7--740.9, 740.11; C79, 81, § 721.2]

3. [C51, § 2560, 2658; R60, § 4167, 4285; C73, § 3840, 3950; C97, § 1297, 4888; S13, § 5028-n; C24, 27, 31, 35, 39, § 13304, 13312, 13317, 13318; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.1, 740.10, 741.1, 741.2; C79, 81, § 721.2]

4. [C51, § 2672; R60, § 4299, 4305, 4306; C73, § 3963, 3969; C97, § 4902, 4908; C24, 27, 31, 35, 39, § 13305, 13306; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.3, 740.4; C79, 81, § 721.2]

5. [C35, § 13316-e1; C39, § 13316.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.20; C79, 81, § 721.2]

6. [C51, § 2657, 2674, 2703, 2800; R60, § 4284, 4301, 4345, 4496; C73, § 3949, 3965, 4005, 4152; C97, § 4887, 4904, 4929, 5150; C24, 27, 31, 35, 39, § 13280, 13316, 13338, 13345; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 738.18, 740.19, 742.8, 743.7; C79, 81, § 721.2]

7. [C79, 81, § 721.2]

         Section Hist 87 Acts, ch 221, §35 Referred to in § 15A.2, 16.3A

721.3 SOLICITATION FOR POLITICAL PURPOSES. It shall be unlawful for any person or political organization either directly or indirectly to solicit or demand from any employee of any commission, board or agency created under the statutes of Iowa, any contribution of money or any other thing of value for election purposes or for the purpose of paying expenses of any political organization or any person seeking election to public office.

         Section History: Early Form

         [S13, § 2727-a36; C24, 27, 31, 35, § 13315; C39, § 13315.1;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.13; C79, 81, § 721.3]
         Referred to in § 721.6, 721.7
        

721.4 USING PUBLIC MOTOR VEHICLES FOR POLITICAL PURPOSES. It shall be unlawful for any person to use or permit to be used any motor vehicle owned by the state of Iowa or any political subdivision thereof for the purpose of transporting any political literature or any person or persons engaging in a political campaign for any political party or any person seeking an elective office.

         Section History: Early Form


         [C39, § 13315.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      740.15; C79, 81, § 721.4]
         Referred to in § 721.6, 721.7
        

721.5 STATE EMPLOYEES NOT TO PARTICIPATE. It shall be unlawful for any state officer, any state appointive officer, or state employee to leave the place of employment or the duties of office for the purpose of soliciting votes or engaging in campaign work during the hours of employment of any such officer or employee.

         Section History: Early Form

         [C39, § 13315.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      740.16; C79, 81, § 721.5]
         Referred to in § 721.6, 721.7
        

721.6 EXCEPTION TO SECTIONS 721.3 TO 721.5. The provisions of sections 721.3 to 721.5 shall not be construed as prohibiting any such officer or employee who is a candidate for political office to engage in campaigning at any time or at any place for the officer's or employee's self.

         Section History: Early Form

         [C39, § 13315.5; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §
      740.17; C79, 81, § 721.6]
         Referred to in § 721.7
        

721.7 PENALTY FOR VIOLATING SECTIONS 721.3 TO 721.6. Any person who violates any provision of sections 721.3 to 721.6 shall be guilty of a serious misdemeanor.

         Section History: Early Form

         [S13, § 2727-a36; C24, 27, 31, 35, § 13315; C39, § 13315.6;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 740.18; C79, 81, § 721.7]
        

721.8 LABELING PUBLICLY OWNED MOTOR VEHICLES. All publicly owned motor vehicles shall bear at least two labels in a conspicuous place, one on each side of the vehicle. This label shall be designed to cover not less than one square foot of surface. This section does not apply to a motor vehicle which is specifically assigned by the head of the department or office owning or controlling it, to enforcement of police regulations or to motor vehicles issued ordinary registration plates pursuant to section 321.19, subsection 1.

         Section History: Early Form

         [C35, § 13316-e2; C39, § 13316.2; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, § 740.21; C79, 81, § 721.8] 

         Section History: Recent Form

         85 Acts, ch 115, §3
         Referred to in § 721.9
        

721.9 PUNISHMENT FOR VIOLATION OF SECTION 721.8. A violation of section 721.8 shall be a serious misdemeanor.

         Section History: Early Form

         [C35, § 13316-e3; C39, § 13316.3; C46, 50, 54, 58, 62, 66, 71,
      73, 75, 77, § 740.22; C79, 81, § 721.9]
        

721.10 MISUSE OF PUBLIC RECORDS AND FILES. A public officer or employee who, by reason of the officer's or employee's employment, has access to any public record, or to any file, dossier, or accumulation of information of any kind, and who gives or transfers to any person, in exchange for anything of value other than fees authorized by law, any such record, file, dossier, or accumulation of information, or any part thereof, or who imparts to any person any information contained therein, in exchange for anything of value other than fees authorized by law, commits a serious misdemeanor.

         Section History: Early Form

         [C79, 81, § 721.10]
        

721.11 INTEREST IN PUBLIC CONTRACTS. Any officer or employee of the state or of any subdivision thereof who is directly or indirectly interested in any contract to furnish anything of value to the state or any subdivision thereof where such interest is prohibited by statute commits a serious misdemeanor. This section shall not apply to any contract awarded as a result of open, public and competitive bidding.

         Section History: Early Form

         [S13, § 468-a; C24, 27, 31, 35, 39, § 13327; C46, 50, 54, 58,
      62, 66, 71, 73, 75, 77, § 741.11; C79, 81, § 721.11]
        

721.12 PROFITING FROM INMATES -- PENALTY. A peace officer as defined by section 801.4, subsection 11, a jailer, or an employee of a penal or correctional facility shall not be the purchaser, directly or indirectly, of property being sold by a prisoner who is in the person's custody. However, a peace officer, jailer, or employee of a penal or correctional facility may purchase inmate made items at an art or craft sale or show, but only when the items are offered for sale to the public and the price paid for the item is the same price offered to any other prospective purchaser. A sale made in violation of this section is void. A peace officer, jailer, or employee of a penal or correctional facility who violates this section, commits a simple misdemeanor.

         Section History: Early Form

         [82 Acts, ch 1145, § 1]

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