12-14-15 Agenda, Packet & Committee Meeting Notice

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Inspector General: Post-Employment Restrictions Page 3 of 3 A. State Officer or appointing authority authorizing the waiver, and B. Agency ethics officer attesting to form. 2. The waiver must include the following information: A. Whether the employee's prior job duties involved substantial decision-making authority over policies, rules, or contracts. B. The nature of the duties to be performed by the employee for the prospective employer. C. Whether the prospective employment is likely to involve substantial contact with the employee's former agency and the extent to which any such contact is likely to involve matters where the agency has the discretion to make decisions based on the work product of the employee. D. Whether the prospective employment may be beneficial to the state or the public, specifically stating how the intended employment is consistent with the public interest. E. The extent of economic hardship to the employee if the request for a waiver is denied. 3. The waiver must be filed with and presented to the commission by the state officer or appointing authority authorizing the waiver. 4. The waiver must be limited to an employee or special state appointee who obtains the waiver before engaging in the conduct that would give rise to a violation of subsection (b) or (c). The commission may conduct an administrative review of a waiver and approve a waiver only if the commission is satisfied that the information provided under subdivision (2) is specifically and satisfactorily articulated. The inspector general may adopt rules under IC 4-22-2 to establish criteria for post employment waivers. h. Subsection (b) applies, subject to waiver under subsection (g), to a former state officer, employee, or special state appointee who: 1. Made decisions as an administrative law judge; or 2. Presided over information gathering or order drafting proceedings; that directly applied to the employer or to a parent or subsidiary of the employer in a material manner. i. A former state officer, employee, or special state appointee who forms a sole proprietorship or a professional practice and engages in a business relationship with an entity that would otherwise violate this section must file a disclosure statement with the commission not later than one hundred eighty (180) days after separation from state service. The disclosure must: 1. be signed by the former state officer, employee, or special state appointee; 2. certify that the former state officer, employee, or special state appointee is not an employee of the entity; and 3. state in detail the treatment of taxes, insurance, and any other benefits between the entity and the former state officer, employee, or state appointee. J. The inspector general may not seek a state elected office before the elapse of at least three hundred sixty-five (365) days after leaving the inspector general position. http://www.in.gov/ig/2340.htm 11/13/2015