CAUTION: The following advice may be based on a rule that has been revised since the opinion was first issued. Consequently, the analysis reflected in the opinion may be outdated.
No. 05-I-1 State Ethics Commission Official Advisory Opinion May 27, 2005
Summary
IC 4-2-6-11
During her employment with FSSA, a Case Manager had referred a family to a facility for counseling and support services. SEC found there was no violation of IC 4-2-6-11 for the employee to accept employment with the facility once she left the State since she had not had contact with the facility for more than a year, and she neither negotiated nor administered a contract with the facility while she worked for FSSA.
Background
An employee has worked as a Family Case Manager II with the FSSA since January 2, 2002. She works in the Shelby County Division of Family and Children. In early 2003, the employee investigated a family regarding sex abuse issues and subsequently made a referral to the Indianapolis Institute for Families for counseling and supportive services. The referral was completed in July, 2003. Her last contact with Indianapolis Institute for Families was September, 2003. At that time, the case was transferred to a different case manager.
Question
Can the Case Manager accept a post-employment position with the Indianapolis Institute for Families?
Findings
- The relationship between Shelby County Department of Families and Children and the Indianapolis Institute for Families terminated over a year ago.
- The employee did not have or exercise any authority in negotiating the contract between the Shelby County Department of Family and Children and the Indianapolis Institute for Families.
- The employee did not administer the contract between Shelby County Division of Family and Children and the Indianapolis Institute for Families.
Relevant Law
IC 4-2-6-11(b) (As Amended by Public Law 222, Section 9)
Conclusion
There is no violation of the post-employment rule in IC 4-2-6-11(b) for the Case Manger to accept employment with the Indianapolis Institute for Families after she terminates her employment with FSSA.