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Monday, November 10, 2008

Indiana Inspector General's Political Activity Rules

Summary of the Political Activity Rule

Don't engage in political activity during work.

Examples of the Rule

You are a diehard politico who works for the Finance Authority and would like to attend a political rally in support of a candidate for the upcoming election. So long as you are not on duty, you would not be prohibited from attending the rally.

You are a procurement officer for the Finance Authority and have been asked by a personal friend to help with her campaign for the upcoming election. You would not be allowed to solicit political contributions on your friend’s behalf since you exercise procurement authority for your agency.

You are a BMV employee. You support a candidate for the next gubernatorial election. You may not walk the office and ask other employees for contributions on behalf of this candidate. You may solicit campaign contributions for this candidate on your own time, except from those whom you supervise at the BMV or those who you know have a business relationship with the BMV.
You are an employee of the Budget Agency. You may not stage a protest against the governor in front of the statehouse during business hours.

Past Advisory Opinions on the Political Activity Rule
08-I-8, September 2008
08-I-3, March 2008
07-I-5, July 12, 2007
06-I-2, February 16, 2006
06-I-5, January 30, 2006
05-I-16, December 21, 2005
96-I-1, January 19, 1996
90-I-6, April 9, 1990

The Rule: 42 IAC 1-5-4 Political Activity
A state employee or special state appointee shall not engage in political activity including solicitation of political contributions from:

another employee or special state appointee; or
any other person when on duty or acting in an official capacity.

This section does not prohibit a state employee or special state appointee from engaging in such activity when not on duty.

A state employee or special state appointee shall not solicit political contributions at any time from:
persons whom the employee or special state appointee knows to have a business relationship with the employee's or the special state appointee's agency; or
state employees or special state appointees directly supervised by the employee or the special state appointee.

The appointing authority of an agency and all employees or special state appointees with purchasing or procurement authority on behalf of the state shall not solicit political contributions on behalf of any candidate for public office, unless that individual is a candidate for public office himself or herself.

Visit the Indiana Ethics Commission site, here.

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