§ 4-2-6-9 — Conflict of economic interests; commission advisory opinions; disclosure statement; written determinations

Indiana § 4-2-6-9

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

Text

(a) A state officer, an employee, or a special state
appointee may not participate in any decision or vote, or matter relating
to that decision or vote, if the state officer, employee, or special state
appointee has knowledge that any of the following has a financial
interest in the outcome of the matter:
(1) The state officer, employee, or special state appointee.
(2) A member of the immediate family of the state officer,
employee, or special state appointee.
(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 website.
(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; P.L.1-2025, SEC.5.