Sec. 1.
(a) A state
employee or special state appointee, or the spouse or unemancipated child of a
state employee or special state appointee, shall not knowingly solicit, accept,
or receive any:
(1) gift;
(2) favor;
(3) service;
(4) entertainment;
(5) food;
(6) drink;
(7) travel expenses; or
(8) registration fees;
from a person who has a business relationship with the
employee's or special state appointee's agency or is seeking to influence an
action by the employee or special state appointee in his or her official
capacity.
(b) The
following shall not be subject to this rule:
(1) Gifts, favors, services, entertainment,
food, drink, travel expenses, or registration fees from public agencies or
public institutions.
(2) Food or
drink consumed at a public meeting to which at least twenty-five (25)
individuals are invited. A meeting will be considered public if:
(A) the event is a reception or other
gathering for public officials that is not arranged to solicit government
procurement of goods or services;
(B) the employee is giving a speech or
participating in a presentation in the employee's official capacity;
or
(C) the meeting has a formal
educational program that the employee is attending to assist him or her in
performing official duties.
(3) Mementos or souvenirs of nominal
value.
(4) Food or drink consumed
by an employee during negotiations or other activities related to an Indiana
economic development corporation economic development project.
(5) Gifts, favors, services, entertainment,
food, or drinks from relatives, or a person with whom the employee or special
state appointee has an ongoing social relationship, so long as:
(A) the gifts or other items of value are not
deducted as a business expense; and
(B) the gift giver is not seeking to
influence an action by an employee or special state appointee in that person's
official capacity.
(6)
Political contributions subject to IC 3-9-2 that are reported in accordance
with applicable law.
(7) Nominal
refreshments offered to a state employee or a special state appointee
conducting official state business while the employee or special state
appointee is at a workplace of a person who:
(A) has a business relationship; or
(B) seeks to influence official action;
with the employee's or special state appointee's
agency.
(8)
Discount and other promotional programs approved and made available to state
employees and special state appointees through the state personnel department
or the Indiana department of administration.
(c) An employee's or special state
appointee's state officer or appointing authority may waive application of
subsection (a) of this rule in individual cases when consistent with the public
interest. The waiver shall:
(1) be in writing;
and
(2) identify the following:
(A) The employee or special state
appointee.
(B) The nature and value
of the gift.
(C) The donor of the
gift.
(D) Why acceptance of the
gift is consistent with the public interest.
(d) Written waivers must be filed with the
commission within thirty (30) days of receipt of the gift. The commission may
review the written waivers. An appointing authority or state officer may
designate authority to the agency's ethics officer to waive application of this
rule on behalf of the appointing authority or state officer. The designation
shall be in writing and filed with the commission.
(e) If a person wishes to reimburse the state
for any part or all of the expenses incurred by the state for appearances of a
state officer, employee, or special state appointee or their official
representatives on behalf of the state, the person shall remit to the treasurer
of state any such amounts. The treasurer of the state shall quietus the funds
into the general fund.
