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Saturday, December 31, 2005

Ind. Gov't. - Registration for executive branch lobbyists goes into effect Monday; new state ethics rules

The Indianapolis Star reports today, in a story by Bill Ruthhart headlined "Director appointed to register lobbyists: Ex-prosecutor will ensure those wanting to influence executive branch sign up first," on the new rules that go into effect January 1st.

Here are the new rules regulating the registration of executive branch lobbyists. Here is information about the new rules, including online registration, via the State Department of Administration.

From today's Star story:

Jeff Gill was appointed executive director of executive branch lobbying, Indiana Department of Administration Commissioner Earl Goode announced Friday. Gill, who spent 14 years in the Marion County prosecutor's office, will head a new effort requiring lobbyists to register before trying to contact anyone who works in the state's executive branch. * * *

The new rules, which are effective Sunday, require registration from people who are paid at least $1,000 a year to lobby the executive branch. Lobbyists would be required to give their names, addresses, phone numbers and e-mail information along with the same information about their employers.

Lobbyists also will be required to give a description of the subject they want to influence, the state agencies involved and the compensation or salary they expect. Gill said he's looking forward to enforcing the new rules.

Also effective Jan. 1st is the Office of the Inspector General's Indiana code of ethics, which sets ethical standards for:
(1) the official conduct of the current and former officers, employees, and special state appointees of the executive and administrative branches of state government; and
(2) persons who have or had a business relationship with an agency
Read the entire document here.

I haven't studied these new rules, but one thing caught my eye this morning. Generally, state rules do not incorporate the text of a statute, as the statute may change, creating a variance between the two, and of course the statute would prevail. That seems to be the style followed in the Inspector General's rulemaking. For example, 42 IAC 1-5-5 Moonlighting reads:

Sec. 5. Outside employment restrictions are set forth in IC 4-2-6-5.5.
(Office of the Inspector General; 42 IAC 1-5-5; filed Dec 7, 2005, 2:45 p.m.: 29 IR 1210)
But see 42 IAC 1-5-13 Ghost Employment, which reads:
Sec. 13. A state officer, employee, or special state appointee shall not engage in, or direct others to engage in, work other than the performance of official duties during working hours, except as permitted by general written agency, departmental, or institutional policy or regulation.
(Office of the Inspector General; 42 IAC 1-5-13; filed Dec 7, 2005, 2:45 p.m.: 29 IR 1210)
No reference or acknowledgment is made to the extensive provisions of the statute, IC 35-44-2-4 Ghost employment, which reads:
Sec. 4. (a) A public servant who knowingly or intentionally:
(1) hires an employee for the governmental entity that he serves; and
(2) fails to assign to the employee any duties, or assigns to the employee any duties not related to the operation of the governmental entity;
commits ghost employment, a Class D felony.
(b) A public servant who knowingly or intentionally assigns to an employee under his supervision any duties not related to the operation of the governmental entity that he serves commits ghost employment, a Class D felony.
(c) A person employed by a governmental entity who, knowing that he has not been assigned any duties to perform for the entity,
accepts property from the entity commits ghost employment, a Class D felony.
(d) A person employed by a governmental entity who knowingly or intentionally accepts property from the entity for the performance of duties not related to the operation of the entity commits ghost employment, a Class D felony.
(e) Any person who accepts property from a governmental entity in violation of this section and any public servant who permits the payment of property in violation of this section are jointly and severally liable to the governmental entity for that property. The attorney general may bring a civil action to recover that property in the county where the governmental entity is located or the person or public servant resides.
(f) For the purposes of this section, an employee of a governmental entity who voluntarily performs services:
(1) that do not:
(A) promote religion;
(B) attempt to influence legislation or governmental policy; or
(C) attempt to influence elections to public office;
(2) for the benefit of:
(A) another governmental entity; or
(B) an organization that is exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code;
(3) with the approval of the employee's supervisor; and
(4) in compliance with a policy or regulation that:
(A) is in writing;
(B) is issued by the executive officer of the governmental entity; and
(C) contains a limitation on the total time during any calendar year that the employee may spend performing the services during normal hours of employment;
is considered to be performing duties related to the operation of the governmental entity.
As added by Acts 1977, P.L.340, SEC.58. Amended by P.L.68-1998, SEC. 1.

Posted by Marcia Oddi on December 31, 2005 07:36 AM
Posted to Indiana Government | Indiana Law