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soon as possible after the contract is
executed or the purchase is made and
the public servant becomes aware of
the facts that give rise to a question of
conflict of interest.
(6) A public servant makes a disclosure
that meets the requirements of subsection
(d) or (e) and is:
(A) not a member or on the staff of the
governing body empowered to con-
tract or purchase on behalf of the gov-
ernmental entity, and functions and
performs duties for the governmental
entity unrelated to the contract or pur-
chase;
(B) appointed by an elected public ser-
vant;
(C) employed by the governing body of
a school corporation and the contract or
purchase involves the employment of
a dependent or the payment of fees to
a dependent;
(D) elected; or
(E) a member of, or a person appointed
by, the board of trustees of a state sup-
ported college or university.
(7) The public servant is a member of the
governing board of, or is a physician
employed or contracted by, a hospital
organized or operated under IC 16-22-1
through 16-22-5 or IC 16-23-1.
(d) A disclosure must:
(1) be in writing;
(2) describe the contract or purchase to be
made by the governmental entity;
(3) describe the pecuniary interest that the
public servant has in the contract or pur-
chase;
(4) be affirmed under penalty of perjury;
(5) be submitted to the governmental entity
and be accepted by the governmental entity
in the public meeting of the governmental
entity before final action on the contract or
purchase;
(6) be filed within fifteen (15) days after
final action on the contract or purchase
with:
(A) the state board of accounts; and
(B) if the governmental entity is a gov-
ernmental entity other than the state
or a state supported college or univer-
sity, the clerk of the circuit court in
the county where the governmental
entity takes final action on the con-
tract or purchase; and
(7) contain, if the public servant is
appointed, the written approval of the
elected public servant (if any) or the board
of trustees of a state supported college or
university (if any) that appointed the pub-
lic servant.
(e) This subsection applies only to a person
who is a member of, or a person appointed by, the
board of trustees of a state supported college or
university. A person to whom this subsection
applies complies with the disclosure requirements
of this chapter with respect to the person’s pecu-
niary interest in a particular type of contract or pur-
chase which is made on a regular basis from a
particular vendor if the individual files with the
state board of accounts and the board of trustees
a statement of pecuniary interest in that particu-
lar type of contract or purchase made with that par-
ticular vendor. The statement required by this
subsection must be made on an annual basis.
35-44.1-1-5. Profiteering from public service.
(a) As used in this section, “pecuniary inter-
est” has the meaning set forth in section 4(a)(3)
of this chapter.
(b) A person who knowingly or intentionally:
(1) obtains a pecuniary interest in a con-
tract or purchase with an agency within one
(1) year after separation from employment
or other service with the agency; and
(2) is not a public servant for the agency
but who as a public servant approved,
negotiated, or prepared on behalf of the
agency the terms or specifications of:
(A) the contract; or
(B) the purchase;
commits profiteering from public service, a Level
6 felony.
(c) This section does not apply to negotia-
tions or other activities related to an economic
development grant, loan, or loan guarantee.
(d) This section does not apply if the person
receives less than two hundred fifty dollars ($250)
