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(A) Definitions. The following definitions shall apply in the interpretation and the enforcement of this section:
(1) ELECTED OFFICIAL. The Mayor, Clerk Treasurer or Common Council member.
(2) RELATIVE. Any of the following:
(b) Parent or step parent;
(c) A child or step child;
(d) 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.
An adopted child of an individual is treated as a natural child of the individual. The terms “brother” and “sister” shall include a brother or sister by half blood (a common parent).
(B) Application to certain contracts.
(1) The city may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with and 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 only if disclosure requirements under this section are satisfied.
(2) Contracts in existence at the time the term of office of the elected official begins are not affected until those contracts are renewed.
(C) Disclosure of contracts with relatives.
(1) An elected official whose relative enters into a contract with the city shall file a full disclosure of that contract.
(2) Disclosure statement must be in writing, describe the contract or purchase to be made by the city, describe the relationship that the elected official has to the individual or business entity that contracts or purchases, and be affirmed under penalty of perjury.
(3) Disclosure statement must be submitted to the Common Council and be accepted by the Council in a public meeting prior to final action on the contract on or purchase.
(4) Disclosure statement must 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 of Whitley County.
(D) Actions by Common Council or appropriate agency. The Common Council or an appropriate agency of the city designated by the Common Council shall make a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered or make a certified statement of the reasons why the vendor or contractor was selected.
(E) Certification by elected officers of the city. Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the Common Council not later than December 31 of each year.
(Res. 2012-18, passed 6-26-2012)