§ 4-2-6-10.5 — Prohibition against financial interest in contract; exceptions; disclosure statement; penalty for failure to file statement

Indiana § 4-2-6-10.5

• Jurisdiction: Indiana
• Art. 2: STATE OFFICERS GENERALLY
• Ch. 6: Ethics and Conflicts of Interest

Text

5. (a) Subject to subsection (b), a state officer,
an employee, or a special state appointee may not knowingly have a
financial interest in a contract made by an agency.
(b) The prohibition in subsection (a) does not apply to a state
officer, an employee, or a special state appointee who:
(1) does not participate in or have contracting responsibility for
the contracting agency; and
(2) files a written statement with the inspector general before the
state officer, employee, or special state appointee executes the
contract with the state agency.
(c) A statement filed under subsection (b)(2) must include the
following for each contract:
(1) An affirmation that the state officer, employee, or special state
appointee does not participate in or have contracting
responsibility for the contracting agency.
(2) An affirmation that the contract:
(A) was made after public notice and, if applicable, through
competitive bidding; or
(B) was not subject to notice and bidding requirements and the
basis for that conclusion.
(3) A statement making full disclosure of all related financial
interests in the contract.
(4) A statement indicating that the contract can be performed
without compromising the performance of the official duties and
responsibilities of the state officer, employee, or special state
appointee.
(5) In the case of a contract for professional services, an
affirmation by the appointing authority of the contracting agency
that no other state officer, employee, or special state appointee of
that agency is available to perform those services as part of the
regular duties of the state officer, employee, or special state
appointee.
A state officer, employee, or special state appointee may file an
amended statement upon discovery of additional information required
to be reported.
(d) A state officer, employee, or special state appointee who:
(1) fails to file a statement required by rule or this section; or
(2) files a deficient statement;
before the contract start date is, upon a majority vote of the
commission, subject to a civil penalty of not more than ten dollars
($10) for each day the statement remains delinquent or deficient. The
maximum penalty under this subsection is one thousand dollars
($1,000).

Legislative History

As added by P.L.222-2005, SEC.8. Amended by P.L.123-2015, SEC.24.