(A) This section applies to all offices, departments, and agencies of Beverly Shores, Indiana (Town).
(B) As used in this section, ELECTED OFFICIAL means:
(1) A member of the Town Council; or
(2) The Clerk-Treasurer.
(C) (1) As used in this section RELATIVE means any of the following:
(a) A spouse;
(b) A parent or step-parent;
(c) A child or step-child;
(d) A brother, sister, step-brother or step-sister;
(e) A niece or nephew;
(f) An aunt or uncle; or
(g) A daughter-in-law or son-in-law.
(2) For purposes of this division (C), an adopted child of an individual is treated as a natural child of the individual.
(3) For purposes of this division (C), the terms “brother” and “sister” include a brother or sister by the half blood.
(D) The annual report filed by the town with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the President of the Council stating whether the town has implemented the policy created by this section.
(E) (1) 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:
(a) An individual who is a relative of an elected official; or
(b) A business entity that is wholly or partially owned by a relative of an elected official;
only if the requirements of this division are satisfied and the elected official does not violate I.C. 35-44-1-3.
(2) The town may enter into a contract or renew a contract with an individual or business entity described in division (E)(1) of this section if:
(a) The elected official files with the Council and Clerk-Treasurer a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the town;
3. Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the Council and be accepted by the Council in a public meeting prior to the final action on the contract or purchase; and
6. Be filed, not later than 15 days after final action on the contract or purchase, with:
a. The State Board of Accounts; and
b. The Clerk of the Circuit Court of Porter County, Indiana; and
(b) The appropriate agency of the town:
1. Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
2. Makes a certified statement of the reasons why the vendor or contractor was selected; and
(c) The town satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) An elected official shall also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(4) This section 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.
(F) Each elected official of the town shall annually certify in writing, subject to the penalties for perjury, that the official is in compliance with this section. An official shall submit the certification to the Council President not later than December 31 of each year.
(Res. 2012-10, passed 6-18-2012)
Editor’s note:
I.C. 35-44-1-3 was repealed by P.L. 126-2012, Sec. 53, effective July 1, 2012.