(A) Employees have an obligation to conduct business within guidelines that prohibit actual or potential conflicts of interest. This policy establishes only the framework within which the town wishes the business to operate. The purpose of these guidelines is to provide general direction so that employees may seek additional clarification on issues related to the subject of acceptable standards of operation.
(B) Transactions with outside firms must be conducted within a framework established and controlled by the Town Council. Business dealings with outside firms should not result in unusual gains for those firms. Unusual gain refers to bribes, product bonuses, special fringe benefits, unusual price breaks, and other windfalls designed to ultimately benefit the employer, the employee, or both. Promotional plans that could be interpreted to involve unusual gain require specific approval from the Town Council.
(C) An actual or potential conflict of interest occurs when an employee is in a position to influence a decision that may result in a personal gain for that employee or for a dependent as a result of the town’s business dealings. For purposes of this policy, a RELATIVE is defined as a spouse, parent or stepparent, child or stepchild (including an adopted child or stepchild), a brother, sister, stepbrother, stepsister (including a brother or sister by half-blood), a niece or nephew, aunt or uncle, daughter-in-law or son-in-law. ELECTED OFFICIAL refers to the Clerk-Treasurer, or any other elected town official.
(D) The town may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with an individual who is a relative of an elected official or a business entity that is wholly or partially owned by a relative of an elected official. The town may also enter into a contract or renew a contract with an individual or business entity if all of the following are satisfied: the elected official files with the town a full disclosure, which must be in writing, describe the contract or purchase to be made, describe the relationship that the elected official has to the individual or business entity that contracts or purchases, be affirmed under penalty of perjury, be submitted to the Town Council and be accepted by the Town Council in a public meeting prior to final action on the contract or purchase and be filed, not later than 15 days after final action on the contract or purchase with the State Board of Accounts and the Clerk of the Circuit Court in the county where the town takes final action on the contract or purchase. The appropriate agency of the town must make a certified statement that the contract amount or purchase price was the lowest amount or price bid or make a certified statement of the reasons why the vendor or contractor was selected. In addition, the town must satisfy all other requirements under I.C. 5-22 or I.C. 36-1-12. The elected official must comply with the disclosure provision of I.C. 35-44.1-1-4, if applicable. This does not affect the initial term of a contract in existence at the time the term of office of the elected official of the town begins.
(E) No presumption of guilt is created by the mere existence of a relationship with outside firms. However, if employees have any influence on transactions involving purchases, contracts, or leases, it is imperative that they disclose to the Town Council as soon as possible the existence of any actual or potential conflict of interest so that safeguards may be established to protect all parties.
(F) While this policy is comprehensive it is not all-inclusive. Employees who are in violation of any portion of this policy may be subject to disciplinary action, up to and including termination of employment. Nothing in this policy shall be interpreted to prohibit or otherwise restrict concerted activities by employees that are protected by law.
(G) Employees may contact the Clerk-Treasurer for additional information regarding conflicts of interest.
(Ord. 2020-26, passed 1-12-21)