Citations Affected: IC 4-15.
Synopsis: State government nepotism. Provides that an individual may
not be employed in the same state agency in which the individual's
relative is employed or serving as an elected officer or a special state
appointee. Provides that it is not a violation for a person to be
employed or serve as an elected officer or special state appointee in the
same agency in which the individual's relative is an employee, elected
officer, or special state appointee if: (1) the individual's relative has
been employed in the agency for at least 12 consecutive months
immediately preceding the date the individual is employed in the
agency; and (2) the related employees are not in a direct supervisory
relationship. Prohibits an employee, elected officer, or special state
appointee from being placed in a direct supervisory relationship with
a relative or business entity of which the relative is a partner, executive
officer, or sole proprietor. Provides that a person within an agency who
violates the nepotism statute may be subject to the penalties enforced
by the state ethics commission. Repeals provisions concerning
employment of relatives in state agencies.
Effective: July 1, 2012.
January 9, 2012, read first time and referred to Committee on Government and Regulatory
January 25, 2012, amended, reported _ Do Pass.
A BILL FOR AN ACT to amend the Indiana Code concerning state
offices and administration.
employment, including full-time, part-time, intermittent, and
contractual employment. The term includes service as an elected
officer or special state appointee.
Sec. 3. As used in this chapter "relative" means any of the following:
(1) Father or mother.
(2) Brother or sister.
(3) Uncle or aunt.
(4) Husband or wife.
(5) Son or daughter.
(6) Son-in-law or daughter-in-law.
(7) Niece or nephew.
Sec. 4. As used in this chapter, "special state appointee" means a person who is:
(1) not a state officer or employee; and
(2) elected or appointed to an authority, a board, a commission, a committee, a council, a task force, or other body designated by any name that:
(A) is authorized by statute or executive order; and
(B) functions in a policy or an advisory role in the executive (including the administrative) department of state government, including a separate body corporate and politic.
Sec. 5. Except as provided in section 7 of this chapter, an individual may not be employed in the same agency in which an individual's relative is employed.
Sec. 6. An individual employed in an agency may not hire or be placed in a direct supervisory relationship with:
(1) a relative; or
(2) a business entity of which a relative is a partner, executive officer, or sole proprietor;
to perform services for the agency in which the individual is employed.
Sec. 7. Section 5 of this chapter is not violated if:
(1) an individual's relative has been employed in the same agency for at least twelve (12) consecutive months immediately preceding the date the individual is employed in the same agency; and
(2) the employment does not violate section 6 of this chapter.
Sec. 8. Any person within an agency who participates in a violation of this chapter is subject to the penalties set forth in IC 4-2-6-12.