No. 08-I-4 State Ethics Commission Official Advisory Opinion April 2008
The Indiana State Ethics Commission (“Commission”) issues the following advisory opinion concerning the State Code of Ethics pursuant to IC 4-2-6(b)(1).
Summary:
42 IAC 1-5-5 Outside employment (IC 4-2-6-5.5)
A DCS Family Case Manager sought to volunteer with a city’s Police Reserve Program. SEC found the potential for a conflict of interest to arise for the Case Manager—namely disclosing confidential information—during the execution of his duties as a Program participant would prohibit him from participating in the Program.
Background:
A Family Case Manager employed by the Huntington County office of the State Department of Child Services (“DCS”) was seeking a position as a volunteer with the Huntington City Police Reserve Program (“Reserve Program”). The Reserve Program is voluntary and would require a time commitment of sixteen (16) hours per month from the Family Case Manager.
As a participant of the Reserve Program, the Family Case Manager would be charged with enforcing federal, state and local laws. In addition, he could participate in supervised patrols, investigations, and various other duties as assigned.
The Family Case Manager submitted a request to DCS for approval of his intended participation in the Reserve Program. In turn, DCS declined to approve the Family Case Manager’s request. The agency specifically cited the great potential for a conflict of interest as the reason for denying his request.
In his request, the Family Case Manager indicated that he would fulfill the sixteen-hour time commitment required by the program on his personal time and would be screened from participating in a matter(s) that may present a conflict of interest with his state duties. In addition, the Family Case Manager presented a letter from the Chief of Police of the Huntington Police Department outlining the Family Case Manager’s duties more specifically.
Issue:
May the employee serve as a volunteer for the Huntington City Police Reserve Program while serving as a Family Case Manager for DCS?
Relevant Law:
IC 4-2-6-5.5: Conflict of interest; advisory opinion by inspector general
Analysis
Based on the facts presented, the Family Case Manager would be prohibited from participating in the Reserve Program. Specifically, while the Family Case Manager’s intended volunteer service with the Reserve Program would not trigger subsection (1), it does invoke consideration of the restriction set forth in subsection (2). The restriction in subsection (2) prohibits a state employee from engaging in business or professional activity that would require the individual to disclose confidential information that was gained in the course of state employment.
In this case, it is possible that a conflict of interest may arise if, in his capacity as a Reserve Program participant, would be required to disclose confidential information that he gained throughout the course of his employment as a DCS Family Case Manager. The duties and responsibilities of a Reserve Program participant could subject the Family Case Manager to a possible conflict of interest. Specifically, the Family Case Manager could be required to disclose confidential information gained while at DCS if he is called to the home of a parent or child who may be involved with DCS. According, the Commission finds that the potential for a conflict of interest to arise for the Family Case Manager during the execution of his duties as a volunteer Reserve Program participant would prohibit him from participating in the Program.
Conclusion
For the foregoing reasons, the Commission finds that the employee is prohibited from serving as a volunteer for the Huntington City Police Reserve Program while serving as a Family Case Manager for DCS.