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 Consequently, the analysis reflected in the opinion may be outdated.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-10 State Ethics Commission Official Advisory Opinion September 8, 2005
Summary
40 IAC 2-1-6
IC 4-2-6-9
An IDEM employee was asked to serve on an advisory board at Purdue University and, as part of her prospective service, was offered free tickets to a Purdue football game. SEC found there was no conflict of interest for the employee to sit on the board since the board was advisory only and was not encompassed by the rule. In addition, there was no violation of the Gifts rule since gifts from public institutions, such as Purdue, are permitted.
Background:
A state employee of Indiana Department of Environmental Management (IDEM) has been asked by Purdue University to serve on an advisory board for the Earth an Atmospheric Sciences Department (EAS). The state employee is a graduate of Purdue. Earth and Atmospheric Sciences was her college major. The two-year appointment would involve a once-a-year meeting at which she would provide advice on proposed new initiatives for the department, meet with students and faculty, communicate new external opportunities that might be important for EAS’ education and research programs, and discern ways to better serve and connect with department alumni. This year’s meeting will be held the day before the Purdue-Notre Dame game. She will be offered free tickets to the game.
The state employee is a supervisor of the Watershed Management Section in IDEM’s Office of Water Quality. That office uses federal Clean Water Act section 319 funds to provide subgrants to governmental agencies, 501 (C)(3)s, and universities. She supervises staff who oversees grants to Purdue. However, none of those grants go to the EAS department. In the past, the state employee has been involved in proposal review and project activities that involve Purdue.
Issue:
- Is there a conflict of interest if the state employee serves on the Purdue EAS advisory board:
- Is there a violation of the gift rule for the state employee to accept football game tickets from Purdue University?
Relevant Law:
Conflict of interest: IC 4-2-6-9
40 IAC 2-1-6 Acceptable gifts, favors, services, entertainment, food, drink, and honoraria
Conclusion:
There is no violation of the gift rule if the state employee accepts football game tickets from Purdue. Gifts from public institutions are excluded from the gift rule.
There is no conflict of interest in the state employee’s service on an advisory board for the EAS Department of Purdue. The board’s function is advisory only. Advisory boards do not fall within the conflict of interest prohibition concerning service as an “officer, a director, a trustee, partner or an employee.”