No. 03-I-2
State Ethics Commission Official Advisory Opinion
May 8, 2003

Background
The State Ethics Commission received a request for an advisory opinion from a Director of a County Office, Division of Family and Children, Family and Social Services Administration (FSSA). In the summer of 2001, in addition to her duties as Director of a County Office, the employee was in charge of preparations for Indiana's first federal review to determine Indiana's compliance with federal rules and regulations in child welfare. In preparation for the review, the employee attended a similar review in another state. The State of Indiana paid for her expenses for this review.

The employee was later hired through the federal program as a contract consultant. She participated in other states' reviews on state time with the permission of the Director of the Division of Family and Children. She was paid her state salary and the federal program paid her expenses. She did not accept an honorarium. The employee would like to take leave or lost time to do these reviews and accept the federal honorarium. She would be doing reviews approximately 2-3 weeks per calendar year.

Question
May a state employee who participated in an activity that was once considered part of her state employment, engage in the activity using leave or lost time and accept an honorarium rather than her state salary for the work?

Relevant Law
40 IAC 2-1-6(c) Honoraria (c) An employee shall not accept an honorarium for anything which may be considered part of the employee's official duties. A state employee may accept an honorarium or fee for activities not done in connection with the employee's official duties which are prepared on the employee's own time and without the use of state resources so long as the employee is not participating by reason of state employment, provided the employee shall not accept an honorarium from any person over whom the employee has decision making authority. A state employee may accept reimbursements for travel expenses incurred when the employee is not being paid or reimbursed by the state and when an honorarium is not permitted.

Conclusion
An employee may accept an honorarium for activities that are not the employee's current official duties when the employee is participating as an independent contractor and not by reason of state employment, provided that the employee complies with all the requirements of 40 IAC 2-1-6(c).