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supervisor; and
(4) in compliance with a policy or regula-
tion that:
(A) is in writing;
(B) is issued by the executive officer of
the governmental entity; and
(C) contains a limitation on the total
time during any calendar year that the
employee may spend performing the
services during normal hours of
employment;
is considered to be performing duties related to the
operation of the governmental entity.
35-44.1-1-4. Conflict of interest.
(a) The following definitions apply through-
out this section:
(1) “Dependent” means any of the fol-
lowing:
(A) The spouse of a public servant.
(B) A child, stepchild, or adoptee (as
defined in IC 31-9-2-2) of a public ser-
vant who is:
(i) unemancipated; and
(ii) less than eighteen (18) years
of age.
(C) An individual more than one-half
(1/2) of whose support is provided dur-
ing a year by the public servant.
(2) “Governmental entity served by the
public servant” means the immediate gov-
ernmental entity being served by a public
servant.
(3) “Pecuniary interest” means an inter-
est 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:
(A) the public servant; or
(B) a dependent of the public servant
who:
(i) is under the direct or indirect
administrative control of the pub-
lic servant; or
(ii) receives a contract or purchase
order that is reviewed, approved, or
directly or indirectly administered
by the public servant.
(b) A public servant who knowingly or inten-
tionally:
(1) has a pecuniary interest in; or
(2) derives a profit from;
a contract or purchase connected with an action by
the governmental entity served by the public ser-
vant commits conflict of interest, a Level 6 felony.
(c) It is not an offense under this section if any
of the following apply:
(1) The public servant or the public ser-
vant’s dependent receives compensation
through salary or an employment contract
for:
(A) services provided as a public ser-
vant; or
(B) expenses incurred by the public
servant as provided by law.
(2) The public servant’s interest in the con-
tract or purchase and all other contracts and
purchases made by the governmental entity
during the twelve (12) months before the
date of the contract or purchase was two
hundred fifty dollars ($250) or less.
(3) The contract or purchase involves util-
ity services from a utility whose rate struc-
ture is regulated by the state or federal
government.
(4) The public servant:
(A) acts in only an advisory capacity
for a state supported college or uni-
versity; and
(B) does not have authority to act on
behalf of the college or university in a
matter involving a contract or pur-
chase.
(5) Apublic servant under the jurisdiction
of the state ethics commission (as pro-
vided in IC 4-2-6-2.5) obtains from the
state ethics commission, following full
and truthful disclosure, written approval
that the public servant will not or does not
have a conflict of interest in connection
with the contract or purchase under IC 4-
2-6 and this section. The approval required
under this subdivision must be:
(A) granted to the public servant before
action is taken in connection with the
contract or purchase by the govern-
mental entity served; or
(B) sought by the public servant as
