Moonlighting Rule

Summary of the Moonlighting Rule

Do not work in outside employment that uses state property, time or information.

Noteworthy Changes - Effective July 1, 2015

Only a written opinion from the State Ethics Commission can provide conclusive proof that an individual's outside employment does not violate this rule.

Examples of the Rule

• You are a trooper with the Indiana State Police and have been offered a position to work at a book store on the weekends. You may accept the employment if such employment does not violate any ethics rules or agency policies.
• You are an employee of the Department of Insurance who has been approached by an insurance company over which your agency exercises regulatory authority to provide consulting advice on any medical malpractice issues that arise out of its policies. You may not accept the outside employment because of the inherent incompatibility with your state position.
• The local community development committee in which you participate has asked you to use your resources as a State Fair board member to help them start up a new project. You may not use your position as a State Fair board member to procure benefits of substantial value that would not otherwise be available to similarly situated individuals outside state government.
• You are a Caseworker for the Family & Social Services Administration. Within your caseload, you determine eligibility for welfare and other state benefits, such as job training. You have a second job working for a job-training corporation. Through your duties as a Caseworker, you are often in a position to refer individuals to job-training through your company. You may not moonlight at this position.

Past Advisory Opinions on the Moonlighting Rule

• All Opinions on the Moonlighting Rule

The Rule: 42 IAC 1-5-5 Moonlighting

Outside employment restrictions are set forth in IC 4-2-6-5.5.

1. A current state officer, employee, or special state appointee may not knowingly:
   1. accept other employment involving compensation of substantial value if the responsibilities of that employment are inherently incompatible with the responsibilities of public office or require the individual's recusal from matters so central or critical to the performance of the individual's official duties that the individual's ability to perform those duties would be materially impaired;
   2. accept employment or engage in business or professional activity that would require the individual to disclose confidential information that was gained in the course of state employment; or
   3. use or attempt to use the individual's official position to secure unwarranted privileges or exemptions that are:
      1. of substantial value; and
      2. not properly available to similarly situated individuals outside of state government.
2. A written advisory opinion issued by the commission stating that an individual's outside employment does not violate subsection (a)(1) or (a)(2) is conclusive proof that an individual is not in violation of subsection (a)(1) or (a)(2).