Sec. 5.5. (a) A current state officer, employee, or special state appointee may not knowingly do any of the following:

(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.

Terms Used In Indiana Code 4-2-6-5.5

  • Commission: refers to the state ethics commission created under section 2 of this chapter. See Indiana Code 4-2-6-1
  • Compensation: means any money, thing of value, or financial benefit conferred on, or received by, any person in return for services rendered, or for services to be rendered, whether by that person or another. 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
  • 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

(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.

(3) Use or attempt to use the individual’s official position to secure unwarranted privileges or exemptions that are:

(A) of substantial value; and

(B) not properly available to similarly situated individuals outside state government.

     (b) 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 the individual’s outside employment does not violate subsection (a)(1) or (a)(2).

As added by P.L.222-2005, SEC.5. Amended by P.L.89-2006, SEC.6; P.L.123-2015, SEC.22.