Section 40IAC2-1-3. Purpose

   (a) This section is intended as a guide to those under the jurisdiction of the state ethics commission and is not a basis for sanctions by the state ethics commission. This section is aspirational in character and represents the objective toward which every public servant should strive. Sections 6 through 9 of this rule are mandatory in character and state minimum levels of conduct below which those under the jurisdiction of the state ethics commission may not fall without being subject to sanctions by the state ethics commission.

  (b) The purpose of this rule is to set ethical standards for the official conduct of the current and former officers and employees of the executive and administrative branches of state government and for persons who have or had a business relationship with an agency so that the general public will have confidence that the conduct of state business is always conducive to the public good. This rule promotes the principle that public office is a public trust where government is based upon the consent of its citizens who are entitled to have complete confidence in the integrity of their government. Thus, the business of the state will be conducted in such a manner as to reassure the citizens of Indiana that the character and conduct of its officials and employees are above reproach.

  (c) The following are goals toward which those under the jurisdiction of the state ethics commission should strive:

(1) Duties should be carried out impartially.

(2) Decisions and policy should not be made outside of proper channels of state government.

(3) Public office should not be used for private gain.

(4) Public confidence in the integrity of government is essential to the exercise of good government.

(5) Actions, transactions, or involvements should not be performed or engaged in which have the potential to become a conflict of interest.

  (d) This rule is not meant to unduly restrict or limit the behavior of the officers and employees of this state during the time when they are not on duty. Each state officer and employee retains lawful rights and privileges as a private citizen to interests of a personal or private financial nature. These rights and privileges will be honored by the commission to the extent that they are compatible with an individual's public office or employment. (State Ethics Commission; 40 IAC 2-1-3; filed Mar 10, 1988, 2:00 p.m.: 11 IR 2326; filed Oct 22, 1991, 11:10 a.m.: 15 IR 198; readopted filed Aug 2, 2001, 3:15 p.m.: 24 IR 4227; readopted filed Nov 29, 2007, 11:14 a.m.: 20071226-IR-040070658RFA; readopted filed Sep 30, 2013, 1:33 p.m.: 20131030-IR-040130243RFA)