AGO 2002-01.

• Case Date: March 07, 2002
• Court: Indiana

Indiana Attorney General Opinions 2002. AGO 2002-01. March 7, 2002Advisory Opinion 2002-1Tim McClure, Director State Ethics Commission 402 West Washington Street, Room W189 Indianapolis, Indiana 46204 RE: Authority of State Ethics Commission to Enforce Executive Orders Dear Mr. McClure: This letter responds to the request of the former director, David Maidenberg, for an answer to the following question: Does the State Ethics Commission have the authority to enforce an executive order establishing standards of conduct for the Indiana Utility Regulatory Commission? It is our opinion that the State Ethics Commission does have the authority to enforce an executive order establishing standards of conduct for the Indiana Utility Regulatory Commission. ANALYSIS The Commission is established in, and granted authority by, Indiana Code Chapter 4-2-6. The Commissions authority to investigate and take action concerning ethics violations is found in Indiana Code Chapter 4-2-6-4 which provides a procedure by which the Commission may initiate investigations itself or receive complaints that ultimately can lead to action being taken. In language that is repeated elsewhere in the statute regarding the Commissions powers, Indiana Code Section 4-2-6-4(b)(2)(E) and (F) allow the Commission to take various actions when it determines that a respondent has violated this chapter, a rule adopted under this chapter, or any other statute or rule establishing standards of official conduct of state officers, employees, or special state appointees. In 1993 Governor Bayh issued an executive order entitled Code of Ethics for the Indiana Utility Regulatory Commission which addresses the conduct of the members of the Commission and certain employees of the Commission. Section 1 of the executive order states that: An independent and honorable Commission is indispensable to the proper performance of its statutory duties. Commissioners should establish, maintain, and enforce high standards of conduct so that the integrity and independence of the Commission may be preserved. The provisions of this code should be construed and applied to further that objective without any limitation upon the State Ethics Commission in the exercise of its powers. (emphasis added). Therefore, it is clear that the intent was that the Code of Ethics for the Indiana Utility...