Sec. 13. (a) Except as provided in subsection (b), a state officer, an employee, or a special state appointee shall not retaliate or threaten to retaliate against an employee, a former employee, a special state appointee, or a former special state appointee because the employee, former employee, special state appointee, or former special state appointee did any of the following:

(1) Filed a complaint with the commission or the inspector general.

Terms Used In Indiana Code 4-2-6-13

  • Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • 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
  • 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

  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2) Provided information to the commission or the inspector general.

(3) Testified at a commission proceeding.

     (b) A state officer, an employee, or a special state appointee may take appropriate action against an employee who took any of the actions listed in subsection (a) if the employee or special state appointee:

(1) did not act in good faith; or

(2) knowingly or recklessly provided false information or testimony to the commission.

     (c) A person who violates this section is subject to action under section 12 of this chapter and criminal prosecution under IC 35-44.2-1-2.

As added by P.L.15-1992, SEC.8. Amended by P.L.44-2001, SEC.4; P.L.222-2005, SEC.12; P.L.89-2006, SEC.13; P.L.126-2012, SEC.2.

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