Indiana Ethics Commission meets privately as scrutiny builds around former cabinet secretary

The state’s ethics watchdogs met behind closed doors Thursday as questions mounted around former Indiana Secretary of Public Safety Jennifer-Ruth Green, whose recent resignation followed a remediation agreement connected to an inspector general investigation into potential ethics violations.

The Indiana State Ethics Commission met for less than 20 minutes in an executive session Thursday morning in Indianapolis.

Although Green’s case was not listed on the public agenda, commissioners were scheduled to privately consider a probable cause affidavit and “an individual’s alleged misconduct.”

It’s not clear what they discussed specifically or if any decisions were made. Commissioners declined to comment following the session.

The meeting came just days after reporting revealed that Green signed a remediation agreement with state officials earlier this year. That document outlined a series of allegations against Green, including claims that she used state vehicles and travel cards for personal and political purposes, and that she directed state employees to assist with those activities during work hours.

Additional accusations center around inappropriate workplace conduct, ranging from “conversations with employees about personal relationships, intimate subjects, or sexual activities,” to “uninvited touching of employees” and retaliation.

Green denied most of the allegations, although state officials said she admitted to “limited” personal use of state vehicles and “having a financial relationship with an employee” without disclosing the conflict of interest.

The document, obtained by the Indiana Capital Chronicle, shows Gov. Mike Braun’s office allowed Green to remain in her secretary position “pending the results of the Office of Inspector General investigation with appropriate safeguards in place to prevent additional ethics violations, including additional ethics training.”

The governor’s office confirmed Indiana’s inspector general made a confidential referral of personnel related findings that were outside the scope of their jurisdiction on Sept. 4. The governor reviewed that report the morning of Sept. 5, and instructed his staff to discuss the findings with Green immediately. During that meeting, Green resigned.

How the process works

Complaints about possible ethics violations are first submitted to Indiana’s Office of Inspector General. Anyone can make a request through a confidential hotline, online form or in writing. After an initial review, the office decides whether the matter falls within its jurisdiction and merits a formal investigation.

If a probe is launched, investigators may interview witnesses, review documents and issue subpoenas, according to state statute. The OIG compiles records that remain confidential unless they are later filed with the state ethics commission.

When investigators believe they have “specific and credible evidence” of wrongdoing, they can seek a probable cause finding from the commission.

At that point, the OIG prepares a probable cause affidavit, which serves as a confidential summary of the evidence. Commissioners review that affidavit behind closed doors to determine whether probable cause exists.

OIG Spokeswoman Stephanie McFarland emphasized that decisions made in executive meetings are “administrative in nature — to determine if a matter will advance to a public proceeding.” If the commission chooses to move forward, the case will appear on a public agenda with the respondent’s name attached.

Per state law, complaints filed with the ethics commission remain confidential until commissioners make a probable cause finding. If probable cause is confirmed, the inspector general files a formal complaint that becomes open to public inspection, though certain details can still be redacted.

McFarland said a formal complaint only becomes a public record once it is officially filed — a process that can take up to 30 days, including time for notifying the respondent.

The commission must then set a public hearing, where witnesses and evidence are presented.

If the commission ultimately finds an ethics violation, it can impose sanctions that include fines and other penalties. Some cases, however, are resolved administratively by the inspector general without ever reaching the commission, often through a settlement agreement.

When evidence suggests a criminal offense may have occurred, state law further requires the OIG to certify that evidence to the appropriate prosecutor. Ethics commission proceedings only deal with administrative law, not criminal law.

That means the prosecutor — not the inspector general or the ethics commission — decides whether to bring criminal charges.

What is public — and what is not

Most of the OIG’s investigation process takes place outside public view. Intake records and investigative files are confidential. The probable cause affidavit itself is also not disclosable, McFarland said.

The pivot to public disclosure comes only if the commission finds probable cause. At that stage, the complaint and related hearing documents become available for public inspection, with some redactions allowed.

If a prosecutor later pursues criminal charges, those filings appear in the public criminal docket.

In 2018, for example, a separate, high-profile state ethics investigation centered around former Indiana Attorney General Curtis Hill — who was accused by four women of unwanted touching at a late-night bar gathering.

The investigation was prompted by requests from the four leaders of the Indiana General Assembly. The probe included dozens of witness interviews, as well as multiple subpoenas for surveillance video and other evidence, according to an investigative report later released by the OIG. Hill also provided a video-recorded statement.

Although the inspector general’s report was critical of Hill’s behavior that night, he was determined not to have violated ethics laws. A special prosecutor assigned to the case additionally declined to press criminal charges.

But in other proceedings before the Indiana Supreme Court Disciplinary Commission, a hearing officer found that Hill committed misdemeanor battery and violated ethics rules related to public esteem for the legal profession.

The Indiana Supreme Court later suspended Hill’s law license for 30 days.

The Indiana Capital Chronicle is an independent, nonprofit news organization that covers state government, policy and elections.