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IDEM could fire employee for ethics violation

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The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned. The Indiana Court of Appeals ruled today the amount of restitution the commission ordered him to pay wasn't supported by the evidence, so additional findings are necessary.

In Subhen Ghosh v. Indiana State Ethics Commission and the Office of the Inspector General, No. 32A01-0812-CV-601, Subhen Ghosh appealed the trial court's decision he was collaterally estopped from seeking reinstatement of his employment and the monetary sanction imposed by the Ethics Commission. IDEM dismissed Ghosh after discovering the misuse of his credit card; the State Employee Appeals Commission affirmed his dismissal, which was also affirmed by the Court of Appeals. The Ethics Commission investigated and sanctioned him to reimburse the department $456.96.

Ghosh appealed the Ethics Commission's decision, asking to be reinstated.

The Court of Appeals agreed with the trial court that Ghosh was collaterally estopped from asking for reinstatement because that issue had already been litigated during the Appeals Commission proceeding. The procedures outlined in Indiana Code Sections 4-15-2-34, -35, and -35.5 foreclose Ghosh's arguments that IDEM lacked authority to dismiss him for a violation of the Ethics Code and that the Appeals Commission lacked jurisdiction to review such a dismissal, wrote Judge Margret Robb.

Despite Ghosh's arguments, LTV Steel Co. v. Griffin, 730 N.E.2d 1251 (Ind. 2000), doesn't control the outcome in the instant case because the facts are substantially different and the case was decided prior to the amendments to the State Personnel Act, which required the Appeals Commission to review the propriety of a dismissal by the Ethics Commission for an ethics code violation, she wrote.

The Ethics Commission was able to sanction Ghosh based on I.C. 4-2-6-9(a). Ghosh argued the commission's interpretation was unreasonable because he didn't "participate in any decision" by using the credit card because participate implies more than one person is involved in the decision. Even though his argument of the meaning of participate is consistent in legal and general dictionaries, the appellate court rejected his argument.

"Because Ghosh unilaterally decided to use a state-issued credit card at a gas station in which he had a financial interest, he went well beyond the minimum of mere participation," she wrote. "Moreover, adopting Ghosh's interpretation would permit any single person to avoid violating the statute simply on the ground that the person acted alone."

The Court of Appeals found the monetary sanction to be unsupported by the evidence and remanded to the Ethics Commission to either make additional findings explaining how the sanction is consistent with I.C. 4-2-6-12(1) or to fashion a sanction that is consistent with the statute and supported by the evidence in the record.

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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