Indiana Code 4-2-6-9. Conflict of economic interests; commission advisory opinions; disclosure statement; written determinations
(1) The state officer, employee, or special state appointee.
Terms Used In Indiana Code 4-2-6-9
- Agency: means an authority, a board, a branch, a bureau, a commission, a committee, a council, a department, a division, an office, a service, or other instrumentality of the executive, including the administrative, department of state government. See Indiana Code 4-2-6-1
- Appointing authority: means the following:
Indiana Code 4-2-6-1
- Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
- Employee: means an individual, other than a state officer, who is employed by an agency on a full-time, a part-time, a temporary, an intermittent, or an hourly basis. See Indiana Code 4-2-6-1
- Financial interest: means an interest:
Indiana Code 4-2-6-1
- in writing: include printing, lithographing, or other mode of representing words and letters. See Indiana Code 1-1-4-5
- Person: means any individual, proprietorship, partnership, unincorporated association, trust, business trust, group, limited liability company, or corporation, whether or not operated for profit, or a governmental agency or political subdivision. See Indiana Code 4-2-6-1
- Special state appointee: means a person who is:
Indiana Code 4-2-6-1
- State officer: means any of the following:
Indiana Code 4-2-6-1
- Trustee: A person or institution holding and administering property in trust.
(3) A business organization in which the state officer, employee, or special state appointee is serving as an officer, a director, a member, a trustee, a partner, or an employee.
(4) Any person or organization with whom the state officer, employee, or special state appointee is negotiating or has an arrangement concerning prospective employment.
(b) A state officer, an employee, or a special state appointee who identifies a potential conflict of interest shall notify the person’s appointing authority and ethics officer in writing and do either of the following:
(1) Seek an advisory opinion from the commission by filing a written description detailing the nature and circumstances of the particular matter and making full disclosure of any related financial interest in the matter. The commission shall:
(A) with the approval of the appointing authority, assign the particular matter to another person and implement all necessary procedures to screen the state officer, employee, or special state appointee seeking an advisory opinion from involvement in the matter; or
(B) make a written determination that the interest is not so substantial that the commission considers it likely to affect the integrity of the services that the state expects from the state officer, employee, or special state appointee.
(2) File a written disclosure statement with the commission that:
(A) details the conflict of interest;
(B) describes and affirms the implementation of a screen established by the ethics officer;
(C) is signed by both:
(i) the state officer, employee, or special state appointee who identifies the potential conflict of interest; and
(ii) the agency ethics officer;
(D) includes a copy of the disclosure provided to the appointing authority; and
(E) is filed not later than seven (7) days after the conduct that gives rise to the conflict.
A written disclosure filed under this subdivision shall be posted on the inspector general’s Internet web site.
(c) A written determination under subsection (b)(1)(B) constitutes conclusive proof that it is not a violation for the state officer, employee, or special state appointee who sought an advisory opinion under this section to participate in the particular matter. A written determination under subsection (b)(1)(B) shall be filed with the appointing authority.
Formerly: Acts 1974, P.L.4, SEC.2. As amended by P.L.9-1990, SEC.8; P.L.15-1992, SEC.5; P.L.22-1995, SEC.2; P.L.222-2005, SEC.7; P.L.123-2015, SEC.23.