2015 Indiana Code TITLE 2. GENERAL ASSEMBLY ARTICLE 2.2. LEGISLATIVE ETHICS CHAPTER 3. LEGISLATIVE ETHICS COMMITTEES
Download as PDF
IC 2-2.2-3
Chapter 3. Legislative Ethics Committees
IC 2-2.2-3-1
Legislative ethics committees; establishment
Sec. 1. (a) The house legislative ethics committee is established.
(b) The senate legislative ethics committee is established.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-2
Membership; chair and vice chair
Sec. 2. (a) An ethics committee consists of the following:
(1) Three (3) members appointed by the presiding officer.
(2) Three (3) members appointed by the minority leader.
(b) The presiding officer shall designate a member of the ethics
committee as chair of the committee. The presiding officer, upon the
recommendation of the minority leader, shall designate a member of
the ethics committee as vice chair of the ethics committee.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-3
Term of member; vacancy
Sec. 3. (a) The term of a member of an ethics committee begins on
the day the member is appointed and ends on the day before the next
general election. However, an appointing authority may replace a
member at any time during the member's term.
(b) An appointing authority may appoint a member of the general
assembly for more than one (1) term on an ethics committee.
(c) A vacancy in an individual's membership on an ethics
committee occurs if the individual ceases to be a member of the
chamber of the general assembly in which the individual was
appointed.
(d) A vacancy on an ethics committee shall be filled in the same
manner as the original appointment.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-4
Adoption of code of ethics; amendments; consistency with law;
effectiveness
Sec. 4. (a) The house and the senate shall each adopt a code of
ethics.
(b) The ethics committee may propose amendments to the code of
ethics for adoption by its respective chamber.
(c) A code of ethics recommended by the ethics committee must
be consistent with the Constitution of the State of Indiana, this article,
and any other applicable law.
(d) Notwithstanding the occurrence of an election for the house or
the senate, the code of ethics remains in effect until amended by the
chamber to which the code of ethics applies.
Indiana Code 2015
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-4.1
Status of current codes of ethics; expiration of section
Sec. 4.1. (a) The code of ethics in effect on July 1, 2015, remains
the code of ethics in effect until it is amended as provided in section
4 of this chapter.
(b) This section expires July 1, 2017.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-5
Powers of ethics committee; requirements for complaint
Sec. 5. (a) The ethics committee may do any of the following:
(1) Act as an advisory body to the general assembly and to
members on questions relating to possible conflicts of interest.
(2) Render opinions interpreting this article and the code of
ethics.
(3) Receive and hear any complaint that alleges:
(A) a breach of any privilege of the ethics committee's house;
(B) misconduct of a member in the course of his or her
official duties as a member of the general assembly; or
(C) a violation of the code of ethics.
(4) Obtain information with respect to a complaint filed under
this section. The ethics committee may compel the attendance
and testimony of witnesses and the production of relevant
documents.
(5) Recommend whatever sanction is appropriate with respect
to a particular member as will best maintain the trust, respect,
and confidence of the public in the general assembly.
(6) Recommend legislation relating to the conduct and ethics of
members.
(b) For a complaint to be considered by an ethics committee, the
complaint must:
(1) describe the acts or omissions that are the basis of the
complaint with reasonable particularity and in sufficient detail
to make it clear to an individual of ordinary understanding the
breach, misconduct, or violation that is the basis of the
complaint;
(2) be submitted to the ethics committee (with a duplicate copy
submitted to the speaker, if the subject of the complaint is a
member of the house of representatives, or the president pro
tempore, if the subject of the complaint is a member of the
senate) in the form and in the manner provided in the rules of
the chamber served by the ethics committee; and
(3) be in writing and verified.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-6
Ethics committee investigations; procedure
Indiana Code 2015
Sec. 6. The ethics committee shall conduct an investigation as
follows:
(1) When a complaint is filed with the ethics committee, a copy
shall be sent promptly to the following:
(A) The person alleged to have committed the violation.
(B) The presiding officer.
(2) If the ethics committee determines the complaint does not
allege facts sufficient to constitute a code or statutory violation,
the complaint shall be dismissed and the complainant and
respondent notified of the dismissal of the complaint.
(3) If the ethics committee determines that the complaint alleges
facts sufficient to constitute a code or statutory violation, the
ethics committee shall promptly investigate the alleged
violation. The ethics committee may meet in executive session
to conduct a preliminary investigation and to determine whether
reasonable cause exists to support an alleged violation. If, after
a preliminary investigation, the ethics committee finds that
reasonable cause does not exist to support an alleged violation,
the complaint shall be dismissed and the complainant and
respondent notified of the dismissal of the complaint. All ethics
committee investigations and records relating to the preliminary
investigation are confidential.
(4) If, after the preliminary investigation, the ethics committee
finds that reasonable cause exists to support an alleged
violation, it shall convene a hearing on the matter not later than
thirty (30) days after making this finding.
(5) If the ethics committee holds a hearing, the respondent shall
be allowed to examine and make copies of all evidence in the
committee's possession relating to the complaint. At the hearing,
a respondent shall be afforded appropriate due process
protection consistent with state administrative procedures,
including the right to be represented by counsel, the right to call
and examine witnesses, the right to introduce exhibits, and the
right to cross examine opposing witnesses.
(6) After the hearing, the ethics committee shall state its
findings of fact. If the committee, based on competent and
substantial evidence, finds the respondent has violated a code or
statutory provision, it shall state its findings in writing in a
report to the presiding officer. The report must be supported and
signed by a majority of the committee members. If the
committee finds the respondent has not violated a code or
statutory provision, it shall dismiss the charges.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-7
Recusal of ethics committee member
Sec. 7. An ethics committee member may not participate in any
matter in which the committee member is involved, except as a
respondent.
Indiana Code 2015
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-8
Review of statements of economic interests; require filer to provide
additional information
Sec. 8. (a) The ethics committee shall provide for the review of
each statement of economic interests filed under IC 2-2.2-2.
(b) The ethics committee may require a filer of a statement of
economic interests to provide additional information about any matter
reported or required to be reported in the filer's statement of
economic interests.
As added by P.L.123-2015, SEC.2.
IC 2-2.2-3-9
Ethics training of members
Sec. 9. (a) Each member shall receive instruction in the ethics
requirements of this article, the ethics rules, and any other relevant
statutes.
(b) Each member must complete not less than one (1) hour of
ethics instruction each year as determined by the presiding officer.
(c) Each member shall comply with the training requirements of
the ethics rules established under this section.
As added by P.L.123-2015, SEC.2.
Indiana Code 2015
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
