Changes to Ethics Laws

IC 4-2-6-5.5 no longer allows agency appointing authorities and ethics officers to provide a written statement approving outside employment opportunities.
The Commission is the only entity able to provide a statement that an individual’s outside employment does not violate subsections (a)(1) or (a)(2).

To view the summary of this rule: http://www.in.gov/ig/2348.htm

IC 4-2-6-9(a) now provides that, in addition to participating in decisions or votes themselves, officers, employees, and special state appointees are also prohibited from participating in any matter related to that decision or vote.
“Financial interest” as defined in IC 4-2-6-9(a)(3) now includes business organizations in which state officers, employees, or special state appointees serve as members.
IC 4-2-6-9(b) now provides that when a state officer, employee, or special state appointee identifies a potential conflict, he or she must notify both the person’s agency appointing authority and agency ethics officer in writing. This person also now has the option of either seeking a formal advisory opinion from the Commission or filing a written disclosure statement with the Commission.

To view the summary of this rule: http://www.in.gov/ig/2347.htm

IC 4-2-6-10.5 clarifies the steps required for a state employee, officer, or special state employee to be permitted to have a financial interest in a contract. To be able to enter into a contract with a state agency, an employee, officer, or special state appointee must:
1. not participate in or have contracting responsibility for the contracting agency; and
2. file a written statement (that includes the requirements listed in IC 4-2-6-10.4(c)) with the inspector general before entering into the contract.

To view the summary of this rule: http://www.in.gov/ig/2346.htm

IC 4-2-6-1(a)(10) no longer excludes customers or clients of self-employed individuals, sole proprietorships, or professional practices from the definition of employer. The definition now encompasses any person (including a customer or client) from whom an employee or officer receives payment.
IC 4-2-6-11(f) provides that the cooling off provision in (b) no longer applies to a former state officer, employee, or special state appointee who may have negotiated or administered a contract before the two years preceding the beginning of the employment or consulting negotiations, and the contract is no longer active.
IC 4-2-6-11(h) now provides that the one-year cooling off period in subsection (b) will apply to an employee, officer, or special state appointee who made decisions as an administrative law judge or presided over other types of proceedings that directly applied to the employer or its parent/subsidiary in a material manner.

To view the summary of this rule: http://www.in.gov/ig/2340.htm

Post-employment waivers now include certain signature, content, and approval requirements. Waivers must be signed by the agency appointing authority as well as by the agency ethics officer (attesting to form). Waivers must also include the specific information provided in IC 4-2-6-11(g)(2), and they must be approved by the Commission during a public meeting before the post-employment opportunity begins.

To view the summary of this rule: http://www.in.gov/ig/2589.htm

IC 4-2-6-17 was added to the Code to provide that a state officer, employee, or special state appointee cannot use state property, materials, or funds for purposes other than official state business unless the use is permitted by an agency written policy. Agency limited use policies must also be approved by the Commission.

To view the summary of this rule: http://www.in.gov/ig/2342.htm

IC 4-2-7-5(b) has been added to the Code to prohibit a state officer, employee, or special state appointee from using state property, materials, personnel, or funds for a political purpose. Moreover, an agency cannot create a policy or regulation that would authorize the use of state property, materials, etc. for a political purpose.
Note: A political purpose does not include handling or disposing of unsolicited political communications.
There are certain exceptions to this rule for state officers.

To view the summary of this rule: http://www.in.gov/ig/2349.htm

Indiana Office of Inspector General