§ 35.33  PROHIBITED NEPOTISTIC CONTRACTING.
   (A)   For purposes of this section, ELECTED OFFICIAL means:
      (1)   The executive or a member of the executive body of the town;
      (2)   A member of the legislative body of the town; or
      (3)   A member of the fiscal body of the town.
   (B)   This town may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
      (1)   An individual who is a relative of an elected official; or
      (2)   A business entity that is wholly or partially owned by a relative of an elected official; only if the requirements of this section are satisfied and the elected official does not violate I.C. 35-44.1-1-4.
   (C)   The town may enter into a contract or renew a contract with an individual who is a relative of an elected official; or a business entity that is wholly or partially owned by a relative if the elected official does not violate I.C. 35-44-1-3 and:
      (1)   The elected official files with the town a full disclosure, which must:
         (a)   Be in writing;
         (b)   Describe the contract or purchase to be made by the town;
         (c)   Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
         (d)   Be affirmed under penalty of perjury;
         (e)   Be submitted to the Town Council and be accepted by the Town Council in a public meeting of the town prior to final action on the contract or purchase; and
         (f)   Be filed not later than 15 days after final action on the contract or purchase, with:
            1.   The State Board of Accounts; and
            2.   The Clerk of the County Court.
      (2)   The appropriate agency of the town:
         (a)   Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered;
         (b)   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.
   (D)   This policy 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.
(Res. 2012-6-2, passed 6-12-2012)