Ethics panel approves safeguards as top INDOT official seeks job with contractor

Woodruff — who is the subject of an ongoing review by the Indiana Inspector General’s Office regarding Daviess County land he and his family sold for the Interstate 69 project — is in talks to become the vice president of transportation for Indianapolis-based RQAW Corp.

The ethics commission was asked only to approve the screening procedure for conflicts of interest and not any circumstances surrounding if Woodruff left state employment. INDOT attorney Heather Kennedy said the agency understands there could be potential post-employment restrictions if Woodruff takes the job with RQAW.

Ethics Commission Chairman James Clevenger said he didn’t have an issue with the procedure the commission approved Thursday to avoid conflicts of interest, but he has serious issues if Woodruff leaves state employment for RQAW.

“I’m just telling you the next step is going to be a difficult one for me,” Clevenger said.

State ethics rules require a one-year “cooling-off” period before state employees can take a job with a company whose contracts they administered or negotiated while employed by the state.

However, INDOT Commissioner Karl Browning could choose to waive the period for Woodruff. In 2013, Gov. Mike Pence waived the “cooling-off” period for former INDOT Commissioner Michael Cline when he took a job at Purdue University as the vice president for physical facilities.

The ethics commission’s role is to determine whether the “cooling-off” period would apply to a state employee. If the condition applies, the employee can then ask his or her agency head to waive the one-year period. The ethics commission doesn’t have the authority to overrule an agency head’s waiver, according to Cyndi Carrasco, its executive director.

Recently appointed state Rep. Bionca Gambill, D-Terre Haute, said on Thursday, she would seek legislation to prohibiting the issuance of waivers to avoid the “cooling-off” period if elected to a full term in November.

As part of Woodruff’s work as INDOT’s chief of staff, he signed consulting contracts for the department and reviewed contracts in his role on INDOT’s selection review committee, including ones for RQAW. The last contract with RQAW Woodruff was a part of was signed in January.

The screening procedure, already in place by INDOT and approved by the committee on Thursday, removes Woodruff from matters dealing with RQAW, including shifting the authority to sign contracts to another INDOT official and barring Woodruff from attending selection review committee meetings, which is responsible for reviewing INDOT contracts.

Woodruff said he signed more than $75 million in contracts for INDOT in 2013, and RQAW constituted less than 1 percent of the amount. Woodruff said it was likely a few months ago when he last had a substantive discussion about RQAW’s work with the state.

Woodruff declined to comment following the hearing, but said he was looking forward to a new challenge in his life and that it was the right time to move on for his family.

Woodruff began employment talks with RQAW in June and advised INDOT of the conversations the next day.

Following an investigation by The Indianapolis Star, Gov. Mike Pence in 2013 asked the Inspector General to review the state’s purchase of nearly three acres in Daviess County from Woodruff and his family for the I-69 project. The Star alleged Woodruff didn’t inform the state he sold land for the project.

Earlier this week, Inspector General David Thomas said under state law, he’s not permitted to comment on the case. Pence’s office also declined to comment because the investigation is ongoing, according to governor’s spokeswoman Kara Brooks.

In 2010, Thomas issued a report that cleared Woodruff on the land sale, stating an investigation by his office showed the INDOT employee and former state lawmaker didn’t violate state laws on compensation or conflict of interest.