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Ethics commission fines, bans attorney from state employment

May 13, 2011

The Indiana State Ethics Commission has found a former general counsel and chief administrative law judge for the Indiana Utility Regulatory Commission violated the law when he participated in decisions involving his future employer, Duke, while still with the IURC.

The ethics commission released its findings in a report Thursday, outlining the charges against Scott Storms. The inspector general charged Storms with violating Indiana Code Section 4-2-6-9(a) when he participated as an ALJ in the Duke Edwardsport case while knowing he had a financial interest in the case because he was negotiating employment with Duke at that time. He was also charged with violating the law when he participated as an ALJ in the Duke Smart Grid case after he learned he would become an attorney at Duke. Duke had a financial interest in both the Edwardsport and Smart Grid cases.

Storms ruled on the Duke cases in July 2010, and he began working at Duke in late September 2010. He was fired in early November 2010. His salary at Duke was $42,000 more than what he earned with the IURC.

The ethics commission found he violated I.C. Section 4-2-6-9(a) by participating in the matters and by not notifying his appointing authority of a potential conflict of interest or seeking an advisory opinion from the commission after he began negotiations for the open position at Duke. Storms also failed to file a written description detailing the nature and circumstances of the matter and make full disclosure of any related financial interest in the matter.

The ethics commission imposed a $12,120 fine, which was three times the amount of benefit Storms obtained from the $4,040 salary increase he received during his employment at Duke. He must pay the fine in full to the commission within 60 days. He is also banned from future employment with the state.

Duke’s Indiana president, Mike Reed, a former executive director of IURC, was fired at the same time as Storms as a result of this matter. Gov. Mitch Daniels fired IURC Chairman David Lott Hardy in October 2010 for not having Storms step down from Duke cases after learning Storms applied for a job with the company. Reed sent numerous emails and communicated with Storms and Hardy regarding Storms’ prospective employment.

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