Ghost employment
Sec. 4. (a) A public servant who knowingly or intentionally:
(1) hires an employee for the governmental entity that he
serves; and
(2) fails to assign to the employee any duties, or assigns to the
employee any duties not related to the operation of the
governmental entity;
commits ghost employment, a Class D felony.
(b) A public servant who knowingly or intentionally assigns to an
employee under his supervision any duties not related to the
operation of the governmental entity that he serves commits ghost
employment, a Class D felony.
(c) A person employed by a governmental entity who, knowing
that he has not been assigned any duties to perform for the entity,
accepts property from the entity commits ghost employment, a Class
D felony.
(d) A person employed by a governmental entity who knowingly
or intentionally accepts property from the entity for the performance
of duties not related to the operation of the entity commits ghost
employment, a Class D felony.
(e) Any person who accepts property from a governmental entity
in violation of this section and any public servant who permits the
payment of property in violation of this section are jointly and
severally liable to the governmental entity for that property. The
attorney general may bring a civil action to recover that property in
the county where the governmental entity is located or the person or
public servant resides.
(f) For the purposes of this section, an employee of a
governmental entity who voluntarily performs services:
(1) that do not:
(A) promote religion;
(B) attempt to influence legislation or governmental policy;
or
(C) attempt to influence elections to public office;
(2) for the benefit of:
(A) another governmental entity; or
(B) an organization that is exempt from federal income
taxation under Section 501(c)(3) of the Internal Revenue
Code;
(3) with the approval of the employee's supervisor; and
(4) in compliance with a policy or regulation 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.
As added by Acts 1977, P.L.340, SEC.58. Amended by P.L.68-1998,
SEC.1.
Last modified: May 24, 2006