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State of Indiana Financial

 Disclosure Regulations

 

1.  This form is intended to meet  the requirements for disclosure of a pecuniary (financial) interest under Indiana's Conflicts of Interest Law, I.C. 35-44-1-3, as amended. Public servants can avoid violating that law by making a disclosure of their pecuniary interests in contracts or purchases made by the governmental entity which they serve, provided that the disclosure is submitted to the entity prior to final action on the contract or purchase and complies with I.C. 35-44-1-3(d) or (i).

2. DEFINITIONS:  A public servant has a "PECUNIARY INTEREST" in a contract or purchase if the contract or purchase will result or is intended to result in an ascertainable increase in the income or net worth of the public servant or a dependent of the public who (a) is under direct or indirect administrative control or the public servant, or (b) receives a contract or purchase order that is reviewed, approved, or directly or indirectly administered by the public servant. "Dependent" means any of the following: (1) the spouse of a public servant; (2) a child, stepchild or adoptee of a public servant who is unemancipated and less than 18 years of age; or (3) any individual more than one-half of whose support during a year is provided by the public servant. The following interests should also be disclosed: that of an owner or partner of a proprietorship, firm, partnership, or association; or that of a shareholder, director, trustee or officer of a corporation, whether for profit or not for profit. An employment relationship need not be disclosed unless that employee shares directly or indirectly in the revenues or profits of his/her employer.

A "PUBLIC SERVANT" is defined in I.C. 35-44-1-24 as a person who:

1. Is authorized perform an official function on behalf of, and is paid by, a governmental entity;

2. Is elected or appointed to office to discharge a public duty for a governmental entity; or

3. With or without compensation, is appointed in writing by a public official to act in an advisory capacity to a governmental entity concerning a contract or purchase to be made by the entity.

     According to an Opinion issued by the Attorney General or Indiana, all of the university's trustees, officers and employees are considered to be "public servants" as that term is used in I.C. 35-44-1-3/. Therefore, such persons should follow the statutory procedures for disclosing any pecuniary interest that they may have in a contract or purchase made by the University (other than their contracts or employment with the University).

3.  In cases where a state supported college or university makes contracts or purchases or a particular type on a regular basis from a particular vendor, a public servant who has a pecuniary interest in such contracts or purchases is only required to file a disclosure statement on an annual basis.

4. Criminal liability cannot be imposed on account of a conflict of interest in the following situations, even though no disclosure is made:

(a) Where the contract or  purchase involves utility services from a utility whose rate structure is regulated by the state and federal government;

(b) Where the public servant's interest in the contract or purchase and all other contracts and purchases made by the governmental entity during the 12 months before the date of the contract or purchase was $250 or less;

(c) Where the public servant acts only in an advisory capacity for a state supported college or university and does not have authority to act on behalf of the college or university in a matter involving a contract or purchase.

NOTICE:  It is the responsibility of each public servant --- not the University or its representatives --- to determine whether he/she is required to make a disclosure under the Conflicts of Interest Law and, if he/she determines that such a disclosure is necessary, to make it in a timely and proper manner. Violation of this law is a Class D felony, punishable by imprisonment for 1 1/2  years and a fine of not more than $10,000.

Employee Disclosure Form should be sent to the Office of the Vice President for Business Affairs and Treasurer for consideration and action by the Board of Trustees.