IC 4-2-7-1 Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Agency" means an authority, a board, a branch, a
commission, a committee, a department, a division, or other
instrumentality of the executive, including the administrative,
department of state government. The term includes a body
corporate and politic established as an instrumentality of the
state. The term does not include the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A political subdivision (as defined in IC 4-2-6-1).
(2) "Business relationship" has the meaning set forth in
IC 4-2-6-1.
(3) "Employee" means an individual who is employed by an
agency on a full-time, a part-time, a temporary, an intermittent,
or an hourly basis. The term includes an individual who
contracts with an agency for personal services.
(4) "Ethics commission" means the state ethics commission
created by IC 4-2-6-2.
(5) "Lobbyist" means an individual who seeks to influence
decision making of an agency and who is registered as an
executive branch lobbyist under rules adopted by the Indiana
department of administration.
(6) "Person" has the meaning set forth in IC 4-2-6-1.
(7) "Special state appointee" has the meaning set forth in
IC 4-2-6-1.
(8) "State officer" has the meaning set forth in IC 4-2-6-1. As added by P.L.222-2005, SEC.14.
IC 4-2-7-2 Inspector general; powers and duties; appointment and removal;
reappointment; compensation
Sec. 2. (a) There is established the office of the inspector general.
The office of the inspector general consists of the inspector general,
who is the director of the office, and an additional staff of deputy
inspectors general, investigators, auditors, and clerical employees
appointed by the inspector general as necessary to carry out the
duties of the inspector general. The inspector general shall provide
rooms and staff assistance for the ethics commission.
(b) The inspector general is responsible for addressing fraud,
waste, abuse, and wrongdoing in agencies.
(c) The governor shall appoint the inspector general. The
inspector general:
(1) except as provided in subdivision (2), shall be appointed for
a term that expires on the earlier of the date that:
(A) the term of the governor who appointed the inspector
general expires; or
(B) the governor leaves office;
(2) may only be removed from office by the governor for:
(A) neglect of duty;
(B) misfeasance;
(C) malfeasance; or
(D) nonfeasance;
(3) must be an attorney licensed to practice law in Indiana; and
(4) is entitled to receive compensation set by the governor and
approved by the budget agency.
If the governor is reelected, the governor may reappoint the inspector
general for an additional term. The inspector general's compensation
may not be reduced during the inspector general's continuance in
office.
(d) Subject to the approval of the budget agency, the inspector
general shall fix the salary of all other employees of the office of the
inspector general.
(e) Except for information declared confidential under this
chapter, records of the office of the inspector general are subject to
public inspection under IC 5-14-3.
(f) IC 5-14-1.5 (the open door law) applies to public meetings of
the office of the inspector general. As added by P.L.222-2005, SEC.14.
IC 4-2-7-3 Duties; criminal investigation; recommendations; annual report
Sec. 3. The inspector general shall do the following:
(1) Initiate, supervise, and coordinate investigations.
(2) Recommend policies and carry out other activities designed
to deter, detect, and eradicate fraud, waste, abuse,
mismanagement, and misconduct in state government.
(3) Receive complaints alleging the following:
(A) A violation of the code of ethics.
(B) Bribery (IC 35-44-1-1).
(C) Official misconduct (IC 35-44-1-2).
(D) Conflict of interest (IC 35-44-1-3).
(E) Profiteering from public service (IC 35-44-1-7).
(F) A violation of the executive branch lobbying rules.
(G) A violation of a statute or rule relating to the purchase
of goods or services by a current or former employee, state
officer, special state appointee, lobbyist, or person who has
a business relationship with an agency.
(4) If the inspector general has reasonable cause to believe that
a crime has occurred or is occurring, report the suspected crime
to:
(A) the governor; and
(B) appropriate state or federal law enforcement agencies
and prosecuting authorities having jurisdiction over the
matter.
(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this
chapter.
(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to
implement a code of ethics.
(7) Ensure that every:
(A) employee;
(B) state officer;
(C) special state appointee; and
(D) person who has a business relationship with an agency;
is properly trained in the code of ethics.
(8) Provide advice to an agency on developing, implementing,
and enforcing policies and procedures to prevent or reduce the
risk of fraudulent or wrongful acts within the agency.
(9) Recommend legislation to the governor and general
assembly to strengthen public integrity laws, including the code
of ethics for state officers, employees, special state appointees,
and persons who have a business relationship with an agency,
including whether additional specific state officers, employees,
or special state appointees should be required to file a financial
disclosure statement under IC 4-2-6-8.
(10) Annually submit a report to the legislative council detailing
the inspector general's activities. The report must be in an
electronic format under IC 5-14-6.
(11) Prescribe and provide forms for statements required to be
filed under IC 4-2-6 or this chapter.
(12) Accept and file information that:
(A) is voluntarily supplied; and
(B) exceeds the requirements of this chapter.
(13) Inspect financial disclosure forms.
(14) Notify persons who fail to file forms required under
IC 4-2-6 or this chapter.
(15) Develop a filing, a coding, and an indexing system
required by IC 4-2-6 and IC 35-44-1-3.
(16) Prepare interpretive and educational materials and
programs. As added by P.L.222-2005, SEC.14. Amended by P.L.89-2006,
SEC.14; P.L.1-2007, SEC.4.
IC 4-2-7-4 Powers; subpoena and contempt; reports; serving as special
prosecuting attorney; civil and criminal actions
Sec. 4. To carry out the duties described in section 3 of this
chapter, the inspector general has the following powers:
(1) As part of an investigation, the inspector general may:
(A) administer oaths;
(B) examine witnesses under oath;
(C) issue subpoenas and subpoenas duces tecum; and
(D) examine the records, reports, audits, reviews, papers,
books, recommendations, contracts, correspondence, or any
other documents maintained by an agency.
(2) The inspector general may apply to a circuit or superior
court for an order holding an individual in contempt of court if
the individual refuses to give sworn testimony under a subpoena
issued by the inspector general or otherwise disobeys a
subpoena or subpoena duces tecum issued by the inspector
general.
(3) The inspector general shall prepare a report summarizing the
results of every investigation. The report is confidential in
accordance with section 8 of this chapter.
(4) If the attorney general has elected not to file a civil action
for the recovery of funds misappropriated, diverted, missing, or
unlawfully gained, the inspector general may file a civil action
for the recovery of the funds in accordance with section 6 of
this chapter.
(5) The inspector general may prosecute a criminal matter as a
special prosecuting attorney or special deputy prosecuting
attorney in accordance with:
(A) section 7 of this chapter; or
(B) IC 33-39-2-6. As added by P.L.222-2005, SEC.14.
IC 4-2-7-5 Code of ethics; filing ethics complaint
Sec. 5. (a) The inspector general shall adopt rules under IC 4-22-2
establishing a code of ethics for the conduct of state business. The
code of ethics must be consistent with Indiana law.
(b) If the inspector general investigates and determines that there
is specific and credible evidence that a current or former employee,
a current or former state officer, a current or former special state
appointee, or a person who has or had a business relationship with an
agency has violated the code of ethics, the inspector general may:
(1) file a complaint with the ethics commission and represent
the state in a public proceeding before the ethics commission as
prescribed in IC 4-2-6-4; or
(2) file a complaint with the ethics commission and negotiate an
agreed settlement for approval by the ethics commission
according to its rules. As added by P.L.222-2005, SEC.14.
IC 4-2-7-6 Misconduct involving state business; report to attorney general;
inspector general's authority to bring civil action
Sec. 6. (a) This section applies if the inspector general finds
evidence of misfeasance, malfeasance, nonfeasance,
misappropriation, fraud, or other misconduct that has resulted in a
financial loss to the state or in an unlawful benefit to an individual
in the conduct of state business.
(b) If the inspector general finds evidence described in subsection
(a), the inspector general shall certify a report of the matter to the
attorney general and provide the attorney general with any relevant
documents, transcripts, or written statements. Not later than one
hundred eighty (180) days after receipt of the report from the
inspector general, the attorney general shall do one (1) of the
following:
(1) File a civil action (including an action upon a state officer's
official bond) to secure for the state the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. Upon
request of the attorney general, the inspector general shall assist
the attorney general in the investigation, preparation, and
prosecution of the civil action.
(2) Inform the inspector general that the attorney general does
not intend to file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. If the
attorney general elects not to file a civil action, the attorney
general shall return to the inspector general all documents and
files initially provided by the inspector general.
(3) Inform the inspector general that the attorney general is
diligently investigating the matter and after further investigation
may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
However, if more than three hundred sixty-five (365) days have
passed since the inspector general certified the report to the
attorney general, the attorney general loses the authority to file
a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained and shall return to the
inspector general all documents and files initially provided by
the inspector general.
(c) If the inspector general has found evidence described in
subsection (a) and reported to the attorney general under subsection
(b) and:
(1) the attorney general has elected under subsection (b)(2) not
to file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained; or
(2) under subsection (b)(3) more than three hundred sixty-five
(365) days have passed since the inspector general certified the
report to the attorney general under subsection (b) and the
attorney general has not filed a civil action;
the inspector general may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
(d) If the inspector general has found evidence described in
subsection (a), the inspector general may institute forfeiture
proceedings under IC 34-24-2 in a court having jurisdiction in a
county where property derived from or realized through the
misappropriation, diversion, disappearance, or unlawful gain of state
funds may be located, unless a prosecuting attorney has already
instituted forfeiture proceedings against that property. As added by P.L.222-2005, SEC.14.
IC 4-2-7-7 Crimes; inspector general's duty to report to prosecuting attorney;
governor's recommendation; appointment of special prosecutor by
court of appeals judge; selection; powers and limitations;
indictment
Sec. 7. (a) If the inspector general discovers evidence of criminal
activity, the inspector general shall certify to the appropriate
prosecuting attorney the following information:
(1) The identity of any person who may be involved in the
criminal activity.
(2) The criminal statute that the inspector general believes has
been violated.
In addition, the inspector general shall provide the prosecuting
attorney with any relevant documents, transcripts, or written
statements. If the prosecuting attorney decides to prosecute the crime
described in the information certified to the prosecuting attorney, or
any other related crimes, the inspector general shall cooperate with
the prosecuting attorney in the investigation and prosecution of the
case. Upon request of the prosecuting attorney, the inspector general
may participate on behalf of the state in any resulting criminal trial.
(b) If:
(1) the prosecuting attorney to whom the inspector general
issues a certification under subsection (a):
(A) is disqualified from investigating or bringing a criminal
prosecution in the matter addressed in the certification;
(B) does not file an information or seek an indictment not
later than one hundred eighty (180) days after the date on
which the inspector general certified the information to the
prosecuting attorney; or
(C) refers the case back to the inspector general; and
(2) the inspector general finds that there may be probable cause
to believe that a person identified in a certification under
subsection (a)(1) has violated a criminal statute identified in a
certification under subsection (a)(2);
the inspector general may request that the governor recommend the
inspector general be appointed as a special prosecuting attorney
under subsection (h) so that the inspector general may prosecute the
matter addressed in the certification.
(c) The governor may recommend the inspector general be
appointed as a special prosecuting attorney if:
(1) one (1) of the conditions set forth in subsection (b)(1)
relating to the prosecuting attorney is met; and
(2) the governor finds that the appointment of the inspector
general as a special prosecuting attorney is in the best interests
of justice.
(d) If the governor has recommended the appointment of the
inspector general as a special prosecuting attorney, the inspector
general shall file a notice with the chief judge of the court of appeals,
stating:
(1) that the governor has recommended that the inspector
general be appointed as a special prosecutor;
(2) the name of the county in which the crime that the inspector
general intends to prosecute is alleged to have been committed;
and
(3) that the inspector general requests the chief judge to assign
a court of appeals judge to determine whether the inspector
general should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals
shall randomly select a judge of the court of appeals to determine
whether the inspector general should be appointed as a special
prosecuting attorney. The chief judge shall exclude from the random
selection a judge who resided in the county in which the crime is
alleged to have been committed at the time the judge was appointed
to the court of appeals.
(e) The inspector general shall file a verified petition for
appointment as a special prosecuting attorney with the court of
appeals judge assigned under subsection (d). In the verified petition,
the inspector general shall set forth why the inspector general should
be appointed as a special prosecutor. The inspector general may
support the verified petition by including relevant documents,
transcripts, or written statements in support of the inspector general's
position. The inspector general shall serve a copy of the verified
petition, along with any supporting evidence, on the prosecuting
attorney to whom the case was originally certified under subsection
(a).
(f) The prosecuting attorney shall file a verified petition in
support of or opposition to the inspector general's verified petition
for appointment as a special prosecuting attorney not later than
fifteen (15) days after receipt of the inspector general's verified
petition for appointment as a special prosecuting attorney.
(g) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the inspector general
and the prosecuting attorney to be confidential.
(h) After considering the verified petitions, the court of appeals
judge may appoint the inspector general or a prosecuting attorney,
other than the prosecuting attorney to whom the case was certified
under this section, as a special prosecuting attorney if the judge finds
that:
(1) one (1) of the conditions set forth in subsection (b)(1) is
met; and
(2) appointment of a special prosecuting attorney is in the best
interests of justice.
In making its determination under this subsection, the court of
appeals judge shall consider only the arguments and evidence
contained in the verified petitions.
(i) Except as provided in subsection (k), a special prosecuting
attorney appointed under this section has the same powers as the
prosecuting attorney of the county. However, the court of appeals
judge shall:
(1) limit the scope of the special prosecuting attorney's duties as
a special prosecuting attorney to include only the investigation
or prosecution of a particular case or particular grand jury
investigation, including any matter that reasonably results from
the investigation, prosecution, or grand jury investigation; and
(2) establish for a time certain the length of the special
prosecuting attorney's term.
If the special prosecuting attorney's investigation or prosecution
acquires a broader scope or requires additional time to complete, the
court of appeals judge may at any time increase the scope of the
special prosecuting attorney's duties or establish a longer term for the
special prosecuting attorney.
(j) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney may appoint one (1) or more
deputies who are licensed to practice law in Indiana to serve as a
special deputy prosecuting attorney. A special deputy prosecuting
attorney is subject to the same statutory restrictions and other
restrictions imposed on the special prosecuting attorney by the court
of appeals, but otherwise has the same powers as a deputy
prosecuting attorney.
(k) An inspector general or prosecuting attorney appointed to
serve as a special prosecuting attorney under this section may bring
a criminal charge only after obtaining an indictment from a grand
jury. An inspector general or prosecuting attorney appointed under
this section to serve as a special prosecuting attorney may not bring
a criminal charge by filing an information.
(l) The inspector general or a deputy inspector general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-2-6.
(m) If the court of appeals appoints a prosecuting attorney to serve
as a special prosecuting attorney under this section, the inspector
general shall reimburse the prosecuting attorney for the reasonable
expenses of investigating and prosecuting the case. As added by P.L.222-2005, SEC.14.
IC 4-2-7-8 Confidentiality of informant; exceptions; records and disclosure;
penalties
Sec. 8. (a) The identity of any individual who discloses in good
faith to the inspector general information alleging a violation of a
state or federal statute, rule, regulation, or ordinance is confidential
and may not be disclosed to anyone other than the governor, the staff
of the office of the inspector general, or an authority to whom the
investigation is subsequently referred or certified, unless:
(1) the inspector general makes a written determination that it
is in the public interest to disclose the individual's identity; or
(2) the individual consents in writing to disclosure of the
individual's identity.
(b) The investigative records of the inspector general may be kept
confidential in whole or in part.
(c) This subsection does not apply to a person who is a party to an
action brought by the inspector general. Information received by the
inspector general is not required to be produced in the course of
discovery unless ordered by a court after a showing of:
(1) particularized need; and
(2) proof that the information requested cannot be obtained
from any other source.
(d) Except as provided in subsection (e), a person who knowingly
or intentionally discloses:
(1) confidential information or records; or
(2) the identity of a person whose identity is confidential under
subsection (a);
commits unlawful disclosure of confidential information, a Class A
misdemeanor.
(e) A person may disclose confidential information or records or
the identity of a person whose identity is confidential under
subsection (a) if the governor authorizes the disclosure of this
information in the public interest. As added by P.L.222-2005, SEC.14.
IC 4-2-7-1 Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Agency" means an authority, a board, a branch, a
commission, a committee, a department, a division, or other
instrumentality of the executive, including the administrative,
department of state government. The term includes a body
corporate and politic established as an instrumentality of the
state. The term does not include the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A political subdivision (as defined in IC 4-2-6-1).
(2) "Business relationship" has the meaning set forth in
IC 4-2-6-1.
(3) "Employee" means an individual who is employed by an
agency on a full-time, a part-time, a temporary, an intermittent,
or an hourly basis. The term includes an individual who
contracts with an agency for personal services.
(4) "Ethics commission" means the state ethics commission
created by IC 4-2-6-2.
(5) "Lobbyist" means an individual who seeks to influence
decision making of an agency and who is registered as an
executive branch lobbyist under rules adopted by the Indiana
department of administration.
(6) "Person" has the meaning set forth in IC 4-2-6-1.
(7) "Special state appointee" has the meaning set forth in
IC 4-2-6-1.
(8) "State officer" has the meaning set forth in IC 4-2-6-1. As added by P.L.222-2005, SEC.14.
IC 4-2-7-2 Inspector general; powers and duties; appointment and removal;
reappointment; compensation
Sec. 2. (a) There is established the office of the inspector general.
The office of the inspector general consists of the inspector general,
who is the director of the office, and an additional staff of deputy
inspectors general, investigators, auditors, and clerical employees
appointed by the inspector general as necessary to carry out the
duties of the inspector general. The inspector general shall provide
rooms and staff assistance for the ethics commission.
(b) The inspector general is responsible for addressing fraud,
waste, abuse, and wrongdoing in agencies.
(c) The governor shall appoint the inspector general. The
inspector general:
(1) except as provided in subdivision (2), shall be appointed for
a term that expires on the earlier of the date that:
(A) the term of the governor who appointed the inspector
general expires; or
(B) the governor leaves office;
(2) may only be removed from office by the governor for:
(A) neglect of duty;
(B) misfeasance;
(C) malfeasance; or
(D) nonfeasance;
(3) must be an attorney licensed to practice law in Indiana; and
(4) is entitled to receive compensation set by the governor and
approved by the budget agency.
If the governor is reelected, the governor may reappoint the inspector
general for an additional term. The inspector general's compensation
may not be reduced during the inspector general's continuance in
office.
(d) Subject to the approval of the budget agency, the inspector
general shall fix the salary of all other employees of the office of the
inspector general.
(e) Except for information declared confidential under this
chapter, records of the office of the inspector general are subject to
public inspection under IC 5-14-3.
(f) IC 5-14-1.5 (the open door law) applies to public meetings of
the office of the inspector general. As added by P.L.222-2005, SEC.14.
IC 4-2-7-3 Duties; criminal investigation; recommendations; annual report
Sec. 3. The inspector general shall do the following:
(1) Initiate, supervise, and coordinate investigations.
(2) Recommend policies and carry out other activities designed
to deter, detect, and eradicate fraud, waste, abuse,
mismanagement, and misconduct in state government.
(3) Receive complaints alleging the following:
(A) A violation of the code of ethics.
(B) Bribery (IC 35-44-1-1).
(C) Official misconduct (IC 35-44-1-2).
(D) Conflict of interest (IC 35-44-1-3).
(E) Profiteering from public service (IC 35-44-1-7).
(F) A violation of the executive branch lobbying rules.
(G) A violation of a statute or rule relating to the purchase
of goods or services by a current or former employee, state
officer, special state appointee, lobbyist, or person who has
a business relationship with an agency.
(4) If the inspector general has reasonable cause to believe that
a crime has occurred or is occurring, report the suspected crime
to:
(A) the governor; and
(B) appropriate state or federal law enforcement agencies
and prosecuting authorities having jurisdiction over the
matter.
(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this
chapter.
(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to
implement a code of ethics.
(7) Ensure that every:
(A) employee;
(B) state officer;
(C) special state appointee; and
(D) person who has a business relationship with an agency;
is properly trained in the code of ethics.
(8) Provide advice to an agency on developing, implementing,
and enforcing policies and procedures to prevent or reduce the
risk of fraudulent or wrongful acts within the agency.
(9) Recommend legislation to the governor and general
assembly to strengthen public integrity laws, including the code
of ethics for state officers, employees, special state appointees,
and persons who have a business relationship with an agency,
including whether additional specific state officers, employees,
or special state appointees should be required to file a financial
disclosure statement under IC 4-2-6-8.
(10) Annually submit a report to the legislative council detailing
the inspector general's activities. The report must be in an
electronic format under IC 5-14-6.
(11) Prescribe and provide forms for statements required to be
filed under IC 4-2-6 or this chapter.
(12) Accept and file information that:
(A) is voluntarily supplied; and
(B) exceeds the requirements of this chapter.
(13) Inspect financial disclosure forms.
(14) Notify persons who fail to file forms required under
IC 4-2-6 or this chapter.
(15) Develop a filing, a coding, and an indexing system
required by IC 4-2-6 and IC 35-44-1-3.
(16) Prepare interpretive and educational materials and
programs. As added by P.L.222-2005, SEC.14. Amended by P.L.89-2006,
SEC.14; P.L.1-2007, SEC.4.
IC 4-2-7-4 Powers; subpoena and contempt; reports; serving as special
prosecuting attorney; civil and criminal actions
Sec. 4. To carry out the duties described in section 3 of this
chapter, the inspector general has the following powers:
(1) As part of an investigation, the inspector general may:
(A) administer oaths;
(B) examine witnesses under oath;
(C) issue subpoenas and subpoenas duces tecum; and
(D) examine the records, reports, audits, reviews, papers,
books, recommendations, contracts, correspondence, or any
other documents maintained by an agency.
(2) The inspector general may apply to a circuit or superior
court for an order holding an individual in contempt of court if
the individual refuses to give sworn testimony under a subpoena
issued by the inspector general or otherwise disobeys a
subpoena or subpoena duces tecum issued by the inspector
general.
(3) The inspector general shall prepare a report summarizing the
results of every investigation. The report is confidential in
accordance with section 8 of this chapter.
(4) If the attorney general has elected not to file a civil action
for the recovery of funds misappropriated, diverted, missing, or
unlawfully gained, the inspector general may file a civil action
for the recovery of the funds in accordance with section 6 of
this chapter.
(5) The inspector general may prosecute a criminal matter as a
special prosecuting attorney or special deputy prosecuting
attorney in accordance with:
(A) section 7 of this chapter; or
(B) IC 33-39-2-6. As added by P.L.222-2005, SEC.14.
IC 4-2-7-5 Code of ethics; filing ethics complaint
Sec. 5. (a) The inspector general shall adopt rules under IC 4-22-2
establishing a code of ethics for the conduct of state business. The
code of ethics must be consistent with Indiana law.
(b) If the inspector general investigates and determines that there
is specific and credible evidence that a current or former employee,
a current or former state officer, a current or former special state
appointee, or a person who has or had a business relationship with an
agency has violated the code of ethics, the inspector general may:
(1) file a complaint with the ethics commission and represent
the state in a public proceeding before the ethics commission as
prescribed in IC 4-2-6-4; or
(2) file a complaint with the ethics commission and negotiate an
agreed settlement for approval by the ethics commission
according to its rules. As added by P.L.222-2005, SEC.14.
IC 4-2-7-6 Misconduct involving state business; report to attorney general;
inspector general's authority to bring civil action
Sec. 6. (a) This section applies if the inspector general finds
evidence of misfeasance, malfeasance, nonfeasance,
misappropriation, fraud, or other misconduct that has resulted in a
financial loss to the state or in an unlawful benefit to an individual
in the conduct of state business.
(b) If the inspector general finds evidence described in subsection
(a), the inspector general shall certify a report of the matter to the
attorney general and provide the attorney general with any relevant
documents, transcripts, or written statements. Not later than one
hundred eighty (180) days after receipt of the report from the
inspector general, the attorney general shall do one (1) of the
following:
(1) File a civil action (including an action upon a state officer's
official bond) to secure for the state the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. Upon
request of the attorney general, the inspector general shall assist
the attorney general in the investigation, preparation, and
prosecution of the civil action.
(2) Inform the inspector general that the attorney general does
not intend to file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. If the
attorney general elects not to file a civil action, the attorney
general shall return to the inspector general all documents and
files initially provided by the inspector general.
(3) Inform the inspector general that the attorney general is
diligently investigating the matter and after further investigation
may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
However, if more than three hundred sixty-five (365) days have
passed since the inspector general certified the report to the
attorney general, the attorney general loses the authority to file
a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained and shall return to the
inspector general all documents and files initially provided by
the inspector general.
(c) If the inspector general has found evidence described in
subsection (a) and reported to the attorney general under subsection
(b) and:
(1) the attorney general has elected under subsection (b)(2) not
to file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained; or
(2) under subsection (b)(3) more than three hundred sixty-five
(365) days have passed since the inspector general certified the
report to the attorney general under subsection (b) and the
attorney general has not filed a civil action;
the inspector general may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
(d) If the inspector general has found evidence described in
subsection (a), the inspector general may institute forfeiture
proceedings under IC 34-24-2 in a court having jurisdiction in a
county where property derived from or realized through the
misappropriation, diversion, disappearance, or unlawful gain of state
funds may be located, unless a prosecuting attorney has already
instituted forfeiture proceedings against that property. As added by P.L.222-2005, SEC.14.
IC 4-2-7-7 Crimes; inspector general's duty to report to prosecuting attorney;
governor's recommendation; appointment of special prosecutor by
court of appeals judge; selection; powers and limitations;
indictment
Sec. 7. (a) If the inspector general discovers evidence of criminal
activity, the inspector general shall certify to the appropriate
prosecuting attorney the following information:
(1) The identity of any person who may be involved in the
criminal activity.
(2) The criminal statute that the inspector general believes has
been violated.
In addition, the inspector general shall provide the prosecuting
attorney with any relevant documents, transcripts, or written
statements. If the prosecuting attorney decides to prosecute the crime
described in the information certified to the prosecuting attorney, or
any other related crimes, the inspector general shall cooperate with
the prosecuting attorney in the investigation and prosecution of the
case. Upon request of the prosecuting attorney, the inspector general
may participate on behalf of the state in any resulting criminal trial.
(b) If:
(1) the prosecuting attorney to whom the inspector general
issues a certification under subsection (a):
(A) is disqualified from investigating or bringing a criminal
prosecution in the matter addressed in the certification;
(B) does not file an information or seek an indictment not
later than one hundred eighty (180) days after the date on
which the inspector general certified the information to the
prosecuting attorney; or
(C) refers the case back to the inspector general; and
(2) the inspector general finds that there may be probable cause
to believe that a person identified in a certification under
subsection (a)(1) has violated a criminal statute identified in a
certification under subsection (a)(2);
the inspector general may request that the governor recommend the
inspector general be appointed as a special prosecuting attorney
under subsection (h) so that the inspector general may prosecute the
matter addressed in the certification.
(c) The governor may recommend the inspector general be
appointed as a special prosecuting attorney if:
(1) one (1) of the conditions set forth in subsection (b)(1)
relating to the prosecuting attorney is met; and
(2) the governor finds that the appointment of the inspector
general as a special prosecuting attorney is in the best interests
of justice.
(d) If the governor has recommended the appointment of the
inspector general as a special prosecuting attorney, the inspector
general shall file a notice with the chief judge of the court of appeals,
stating:
(1) that the governor has recommended that the inspector
general be appointed as a special prosecutor;
(2) the name of the county in which the crime that the inspector
general intends to prosecute is alleged to have been committed;
and
(3) that the inspector general requests the chief judge to assign
a court of appeals judge to determine whether the inspector
general should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals
shall randomly select a judge of the court of appeals to determine
whether the inspector general should be appointed as a special
prosecuting attorney. The chief judge shall exclude from the random
selection a judge who resided in the county in which the crime is
alleged to have been committed at the time the judge was appointed
to the court of appeals.
(e) The inspector general shall file a verified petition for
appointment as a special prosecuting attorney with the court of
appeals judge assigned under subsection (d). In the verified petition,
the inspector general shall set forth why the inspector general should
be appointed as a special prosecutor. The inspector general may
support the verified petition by including relevant documents,
transcripts, or written statements in support of the inspector general's
position. The inspector general shall serve a copy of the verified
petition, along with any supporting evidence, on the prosecuting
attorney to whom the case was originally certified under subsection
(a).
(f) The prosecuting attorney shall file a verified petition in
support of or opposition to the inspector general's verified petition
for appointment as a special prosecuting attorney not later than
fifteen (15) days after receipt of the inspector general's verified
petition for appointment as a special prosecuting attorney.
(g) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the inspector general
and the prosecuting attorney to be confidential.
(h) After considering the verified petitions, the court of appeals
judge may appoint the inspector general or a prosecuting attorney,
other than the prosecuting attorney to whom the case was certified
under this section, as a special prosecuting attorney if the judge finds
that:
(1) one (1) of the conditions set forth in subsection (b)(1) is
met; and
(2) appointment of a special prosecuting attorney is in the best
interests of justice.
In making its determination under this subsection, the court of
appeals judge shall consider only the arguments and evidence
contained in the verified petitions.
(i) Except as provided in subsection (k), a special prosecuting
attorney appointed under this section has the same powers as the
prosecuting attorney of the county. However, the court of appeals
judge shall:
(1) limit the scope of the special prosecuting attorney's duties as
a special prosecuting attorney to include only the investigation
or prosecution of a particular case or particular grand jury
investigation, including any matter that reasonably results from
the investigation, prosecution, or grand jury investigation; and
(2) establish for a time certain the length of the special
prosecuting attorney's term.
If the special prosecuting attorney's investigation or prosecution
acquires a broader scope or requires additional time to complete, the
court of appeals judge may at any time increase the scope of the
special prosecuting attorney's duties or establish a longer term for the
special prosecuting attorney.
(j) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney may appoint one (1) or more
deputies who are licensed to practice law in Indiana to serve as a
special deputy prosecuting attorney. A special deputy prosecuting
attorney is subject to the same statutory restrictions and other
restrictions imposed on the special prosecuting attorney by the court
of appeals, but otherwise has the same powers as a deputy
prosecuting attorney.
(k) An inspector general or prosecuting attorney appointed to
serve as a special prosecuting attorney under this section may bring
a criminal charge only after obtaining an indictment from a grand
jury. An inspector general or prosecuting attorney appointed under
this section to serve as a special prosecuting attorney may not bring
a criminal charge by filing an information.
(l) The inspector general or a deputy inspector general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-2-6.
(m) If the court of appeals appoints a prosecuting attorney to serve
as a special prosecuting attorney under this section, the inspector
general shall reimburse the prosecuting attorney for the reasonable
expenses of investigating and prosecuting the case. As added by P.L.222-2005, SEC.14.
IC 4-2-7-8 Confidentiality of informant; exceptions; records and disclosure;
penalties
Sec. 8. (a) The identity of any individual who discloses in good
faith to the inspector general information alleging a violation of a
state or federal statute, rule, regulation, or ordinance is confidential
and may not be disclosed to anyone other than the governor, the staff
of the office of the inspector general, or an authority to whom the
investigation is subsequently referred or certified, unless:
(1) the inspector general makes a written determination that it
is in the public interest to disclose the individual's identity; or
(2) the individual consents in writing to disclosure of the
individual's identity.
(b) The investigative records of the inspector general may be kept
confidential in whole or in part.
(c) This subsection does not apply to a person who is a party to an
action brought by the inspector general. Information received by the
inspector general is not required to be produced in the course of
discovery unless ordered by a court after a showing of:
(1) particularized need; and
(2) proof that the information requested cannot be obtained
from any other source.
(d) Except as provided in subsection (e), a person who knowingly
or intentionally discloses:
(1) confidential information or records; or
(2) the identity of a person whose identity is confidential under
subsection (a);
commits unlawful disclosure of confidential information, a Class A
misdemeanor.
(e) A person may disclose confidential information or records or
the identity of a person whose identity is confidential under
subsection (a) if the governor authorizes the disclosure of this
information in the public interest. As added by P.L.222-2005, SEC.14.
IC 4-2-7-1 Definitions
Sec. 1. The following definitions apply throughout this chapter:
(1) "Agency" means an authority, a board, a branch, a
commission, a committee, a department, a division, or other
instrumentality of the executive, including the administrative,
department of state government. The term includes a body
corporate and politic established as an instrumentality of the
state. The term does not include the following:
(A) The judicial department of state government.
(B) The legislative department of state government.
(C) A political subdivision (as defined in IC 4-2-6-1).
(2) "Business relationship" has the meaning set forth in
IC 4-2-6-1.
(3) "Employee" means an individual who is employed by an
agency on a full-time, a part-time, a temporary, an intermittent,
or an hourly basis. The term includes an individual who
contracts with an agency for personal services.
(4) "Ethics commission" means the state ethics commission
created by IC 4-2-6-2.
(5) "Lobbyist" means an individual who seeks to influence
decision making of an agency and who is registered as an
executive branch lobbyist under rules adopted by the Indiana
department of administration.
(6) "Person" has the meaning set forth in IC 4-2-6-1.
(7) "Special state appointee" has the meaning set forth in
IC 4-2-6-1.
(8) "State officer" has the meaning set forth in IC 4-2-6-1. As added by P.L.222-2005, SEC.14.
IC 4-2-7-2 Inspector general; powers and duties; appointment and removal;
reappointment; compensation
Sec. 2. (a) There is established the office of the inspector general.
The office of the inspector general consists of the inspector general,
who is the director of the office, and an additional staff of deputy
inspectors general, investigators, auditors, and clerical employees
appointed by the inspector general as necessary to carry out the
duties of the inspector general. The inspector general shall provide
rooms and staff assistance for the ethics commission.
(b) The inspector general is responsible for addressing fraud,
waste, abuse, and wrongdoing in agencies.
(c) The governor shall appoint the inspector general. The
inspector general:
(1) except as provided in subdivision (2), shall be appointed for
a term that expires on the earlier of the date that:
(A) the term of the governor who appointed the inspector
general expires; or
(B) the governor leaves office;
(2) may only be removed from office by the governor for:
(A) neglect of duty;
(B) misfeasance;
(C) malfeasance; or
(D) nonfeasance;
(3) must be an attorney licensed to practice law in Indiana; and
(4) is entitled to receive compensation set by the governor and
approved by the budget agency.
If the governor is reelected, the governor may reappoint the inspector
general for an additional term. The inspector general's compensation
may not be reduced during the inspector general's continuance in
office.
(d) Subject to the approval of the budget agency, the inspector
general shall fix the salary of all other employees of the office of the
inspector general.
(e) Except for information declared confidential under this
chapter, records of the office of the inspector general are subject to
public inspection under IC 5-14-3.
(f) IC 5-14-1.5 (the open door law) applies to public meetings of
the office of the inspector general. As added by P.L.222-2005, SEC.14.
IC 4-2-7-3 Duties; criminal investigation; recommendations; annual report
Sec. 3. The inspector general shall do the following:
(1) Initiate, supervise, and coordinate investigations.
(2) Recommend policies and carry out other activities designed
to deter, detect, and eradicate fraud, waste, abuse,
mismanagement, and misconduct in state government.
(3) Receive complaints alleging the following:
(A) A violation of the code of ethics.
(B) Bribery (IC 35-44-1-1).
(C) Official misconduct (IC 35-44-1-2).
(D) Conflict of interest (IC 35-44-1-3).
(E) Profiteering from public service (IC 35-44-1-7).
(F) A violation of the executive branch lobbying rules.
(G) A violation of a statute or rule relating to the purchase
of goods or services by a current or former employee, state
officer, special state appointee, lobbyist, or person who has
a business relationship with an agency.
(4) If the inspector general has reasonable cause to believe that
a crime has occurred or is occurring, report the suspected crime
to:
(A) the governor; and
(B) appropriate state or federal law enforcement agencies
and prosecuting authorities having jurisdiction over the
matter.
(5) Adopt rules under IC 4-22-2 to implement IC 4-2-6 and this
chapter.
(6) Adopt rules under IC 4-22-2 and section 5 of this chapter to
implement a code of ethics.
(7) Ensure that every:
(A) employee;
(B) state officer;
(C) special state appointee; and
(D) person who has a business relationship with an agency;
is properly trained in the code of ethics.
(8) Provide advice to an agency on developing, implementing,
and enforcing policies and procedures to prevent or reduce the
risk of fraudulent or wrongful acts within the agency.
(9) Recommend legislation to the governor and general
assembly to strengthen public integrity laws, including the code
of ethics for state officers, employees, special state appointees,
and persons who have a business relationship with an agency,
including whether additional specific state officers, employees,
or special state appointees should be required to file a financial
disclosure statement under IC 4-2-6-8.
(10) Annually submit a report to the legislative council detailing
the inspector general's activities. The report must be in an
electronic format under IC 5-14-6.
(11) Prescribe and provide forms for statements required to be
filed under IC 4-2-6 or this chapter.
(12) Accept and file information that:
(A) is voluntarily supplied; and
(B) exceeds the requirements of this chapter.
(13) Inspect financial disclosure forms.
(14) Notify persons who fail to file forms required under
IC 4-2-6 or this chapter.
(15) Develop a filing, a coding, and an indexing system
required by IC 4-2-6 and IC 35-44-1-3.
(16) Prepare interpretive and educational materials and
programs. As added by P.L.222-2005, SEC.14. Amended by P.L.89-2006,
SEC.14; P.L.1-2007, SEC.4.
IC 4-2-7-4 Powers; subpoena and contempt; reports; serving as special
prosecuting attorney; civil and criminal actions
Sec. 4. To carry out the duties described in section 3 of this
chapter, the inspector general has the following powers:
(1) As part of an investigation, the inspector general may:
(A) administer oaths;
(B) examine witnesses under oath;
(C) issue subpoenas and subpoenas duces tecum; and
(D) examine the records, reports, audits, reviews, papers,
books, recommendations, contracts, correspondence, or any
other documents maintained by an agency.
(2) The inspector general may apply to a circuit or superior
court for an order holding an individual in contempt of court if
the individual refuses to give sworn testimony under a subpoena
issued by the inspector general or otherwise disobeys a
subpoena or subpoena duces tecum issued by the inspector
general.
(3) The inspector general shall prepare a report summarizing the
results of every investigation. The report is confidential in
accordance with section 8 of this chapter.
(4) If the attorney general has elected not to file a civil action
for the recovery of funds misappropriated, diverted, missing, or
unlawfully gained, the inspector general may file a civil action
for the recovery of the funds in accordance with section 6 of
this chapter.
(5) The inspector general may prosecute a criminal matter as a
special prosecuting attorney or special deputy prosecuting
attorney in accordance with:
(A) section 7 of this chapter; or
(B) IC 33-39-2-6. As added by P.L.222-2005, SEC.14.
IC 4-2-7-5 Code of ethics; filing ethics complaint
Sec. 5. (a) The inspector general shall adopt rules under IC 4-22-2
establishing a code of ethics for the conduct of state business. The
code of ethics must be consistent with Indiana law.
(b) If the inspector general investigates and determines that there
is specific and credible evidence that a current or former employee,
a current or former state officer, a current or former special state
appointee, or a person who has or had a business relationship with an
agency has violated the code of ethics, the inspector general may:
(1) file a complaint with the ethics commission and represent
the state in a public proceeding before the ethics commission as
prescribed in IC 4-2-6-4; or
(2) file a complaint with the ethics commission and negotiate an
agreed settlement for approval by the ethics commission
according to its rules. As added by P.L.222-2005, SEC.14.
IC 4-2-7-6 Misconduct involving state business; report to attorney general;
inspector general's authority to bring civil action
Sec. 6. (a) This section applies if the inspector general finds
evidence of misfeasance, malfeasance, nonfeasance,
misappropriation, fraud, or other misconduct that has resulted in a
financial loss to the state or in an unlawful benefit to an individual
in the conduct of state business.
(b) If the inspector general finds evidence described in subsection
(a), the inspector general shall certify a report of the matter to the
attorney general and provide the attorney general with any relevant
documents, transcripts, or written statements. Not later than one
hundred eighty (180) days after receipt of the report from the
inspector general, the attorney general shall do one (1) of the
following:
(1) File a civil action (including an action upon a state officer's
official bond) to secure for the state the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. Upon
request of the attorney general, the inspector general shall assist
the attorney general in the investigation, preparation, and
prosecution of the civil action.
(2) Inform the inspector general that the attorney general does
not intend to file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained. If the
attorney general elects not to file a civil action, the attorney
general shall return to the inspector general all documents and
files initially provided by the inspector general.
(3) Inform the inspector general that the attorney general is
diligently investigating the matter and after further investigation
may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
However, if more than three hundred sixty-five (365) days have
passed since the inspector general certified the report to the
attorney general, the attorney general loses the authority to file
a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained and shall return to the
inspector general all documents and files initially provided by
the inspector general.
(c) If the inspector general has found evidence described in
subsection (a) and reported to the attorney general under subsection
(b) and:
(1) the attorney general has elected under subsection (b)(2) not
to file a civil action for the recovery of funds misappropriated,
diverted, missing, or unlawfully gained; or
(2) under subsection (b)(3) more than three hundred sixty-five
(365) days have passed since the inspector general certified the
report to the attorney general under subsection (b) and the
attorney general has not filed a civil action;
the inspector general may file a civil action for the recovery of funds
misappropriated, diverted, missing, or unlawfully gained.
(d) If the inspector general has found evidence described in
subsection (a), the inspector general may institute forfeiture
proceedings under IC 34-24-2 in a court having jurisdiction in a
county where property derived from or realized through the
misappropriation, diversion, disappearance, or unlawful gain of state
funds may be located, unless a prosecuting attorney has already
instituted forfeiture proceedings against that property. As added by P.L.222-2005, SEC.14.
IC 4-2-7-7 Crimes; inspector general's duty to report to prosecuting attorney;
governor's recommendation; appointment of special prosecutor by
court of appeals judge; selection; powers and limitations;
indictment
Sec. 7. (a) If the inspector general discovers evidence of criminal
activity, the inspector general shall certify to the appropriate
prosecuting attorney the following information:
(1) The identity of any person who may be involved in the
criminal activity.
(2) The criminal statute that the inspector general believes has
been violated.
In addition, the inspector general shall provide the prosecuting
attorney with any relevant documents, transcripts, or written
statements. If the prosecuting attorney decides to prosecute the crime
described in the information certified to the prosecuting attorney, or
any other related crimes, the inspector general shall cooperate with
the prosecuting attorney in the investigation and prosecution of the
case. Upon request of the prosecuting attorney, the inspector general
may participate on behalf of the state in any resulting criminal trial.
(b) If:
(1) the prosecuting attorney to whom the inspector general
issues a certification under subsection (a):
(A) is disqualified from investigating or bringing a criminal
prosecution in the matter addressed in the certification;
(B) does not file an information or seek an indictment not
later than one hundred eighty (180) days after the date on
which the inspector general certified the information to the
prosecuting attorney; or
(C) refers the case back to the inspector general; and
(2) the inspector general finds that there may be probable cause
to believe that a person identified in a certification under
subsection (a)(1) has violated a criminal statute identified in a
certification under subsection (a)(2);
the inspector general may request that the governor recommend the
inspector general be appointed as a special prosecuting attorney
under subsection (h) so that the inspector general may prosecute the
matter addressed in the certification.
(c) The governor may recommend the inspector general be
appointed as a special prosecuting attorney if:
(1) one (1) of the conditions set forth in subsection (b)(1)
relating to the prosecuting attorney is met; and
(2) the governor finds that the appointment of the inspector
general as a special prosecuting attorney is in the best interests
of justice.
(d) If the governor has recommended the appointment of the
inspector general as a special prosecuting attorney, the inspector
general shall file a notice with the chief judge of the court of appeals,
stating:
(1) that the governor has recommended that the inspector
general be appointed as a special prosecutor;
(2) the name of the county in which the crime that the inspector
general intends to prosecute is alleged to have been committed;
and
(3) that the inspector general requests the chief judge to assign
a court of appeals judge to determine whether the inspector
general should be appointed as a special prosecuting attorney.
Upon receipt of the notice, the chief judge of the court of appeals
shall randomly select a judge of the court of appeals to determine
whether the inspector general should be appointed as a special
prosecuting attorney. The chief judge shall exclude from the random
selection a judge who resided in the county in which the crime is
alleged to have been committed at the time the judge was appointed
to the court of appeals.
(e) The inspector general shall file a verified petition for
appointment as a special prosecuting attorney with the court of
appeals judge assigned under subsection (d). In the verified petition,
the inspector general shall set forth why the inspector general should
be appointed as a special prosecutor. The inspector general may
support the verified petition by including relevant documents,
transcripts, or written statements in support of the inspector general's
position. The inspector general shall serve a copy of the verified
petition, along with any supporting evidence, on the prosecuting
attorney to whom the case was originally certified under subsection
(a).
(f) The prosecuting attorney shall file a verified petition in
support of or opposition to the inspector general's verified petition
for appointment as a special prosecuting attorney not later than
fifteen (15) days after receipt of the inspector general's verified
petition for appointment as a special prosecuting attorney.
(g) Upon a showing of particularized need, the court of appeals
judge may order the verified petitions filed by the inspector general
and the prosecuting attorney to be confidential.
(h) After considering the verified petitions, the court of appeals
judge may appoint the inspector general or a prosecuting attorney,
other than the prosecuting attorney to whom the case was certified
under this section, as a special prosecuting attorney if the judge finds
that:
(1) one (1) of the conditions set forth in subsection (b)(1) is
met; and
(2) appointment of a special prosecuting attorney is in the best
interests of justice.
In making its determination under this subsection, the court of
appeals judge shall consider only the arguments and evidence
contained in the verified petitions.
(i) Except as provided in subsection (k), a special prosecuting
attorney appointed under this section has the same powers as the
prosecuting attorney of the county. However, the court of appeals
judge shall:
(1) limit the scope of the special prosecuting attorney's duties as
a special prosecuting attorney to include only the investigation
or prosecution of a particular case or particular grand jury
investigation, including any matter that reasonably results from
the investigation, prosecution, or grand jury investigation; and
(2) establish for a time certain the length of the special
prosecuting attorney's term.
If the special prosecuting attorney's investigation or prosecution
acquires a broader scope or requires additional time to complete, the
court of appeals judge may at any time increase the scope of the
special prosecuting attorney's duties or establish a longer term for the
special prosecuting attorney.
(j) An inspector general or prosecuting attorney appointed to serve
as a special prosecuting attorney may appoint one (1) or more
deputies who are licensed to practice law in Indiana to serve as a
special deputy prosecuting attorney. A special deputy prosecuting
attorney is subject to the same statutory restrictions and other
restrictions imposed on the special prosecuting attorney by the court
of appeals, but otherwise has the same powers as a deputy
prosecuting attorney.
(k) An inspector general or prosecuting attorney appointed to
serve as a special prosecuting attorney under this section may bring
a criminal charge only after obtaining an indictment from a grand
jury. An inspector general or prosecuting attorney appointed under
this section to serve as a special prosecuting attorney may not bring
a criminal charge by filing an information.
(l) The inspector general or a deputy inspector general who is
licensed to practice law in Indiana may serve as a special deputy
prosecuting attorney under IC 33-39-2-6.
(m) If the court of appeals appoints a prosecuting attorney to serve
as a special prosecuting attorney under this section, the inspector
general shall reimburse the prosecuting attorney for the reasonable
expenses of investigating and prosecuting the case. As added by P.L.222-2005, SEC.14.
IC 4-2-7-8 Confidentiality of informant; exceptions; records and disclosure;
penalties
Sec. 8. (a) The identity of any individual who discloses in good
faith to the inspector general information alleging a violation of a
state or federal statute, rule, regulation, or ordinance is confidential
and may not be disclosed to anyone other than the governor, the staff
of the office of the inspector general, or an authority to whom the
investigation is subsequently referred or certified, unless:
(1) the inspector general makes a written determination that it
is in the public interest to disclose the individual's identity; or
(2) the individual consents in writing to disclosure of the
individual's identity.
(b) The investigative records of the inspector general may be kept
confidential in whole or in part.
(c) This subsection does not apply to a person who is a party to an
action brought by the inspector general. Information received by the
inspector general is not required to be produced in the course of
discovery unless ordered by a court after a showing of:
(1) particularized need; and
(2) proof that the information requested cannot be obtained
from any other source.
(d) Except as provided in subsection (e), a person who knowingly
or intentionally discloses:
(1) confidential information or records; or
(2) the identity of a person whose identity is confidential under
subsection (a);
commits unlawful disclosure of confidential information, a Class A
misdemeanor.
(e) A person may disclose confidential information or records or
the identity of a person whose identity is confidential under
subsection (a) if the governor authorizes the disclosure of this
information in the public interest. As added by P.L.222-2005, SEC.14.
