(A) Definitions.
(1) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL means:
1. The Mayor;
2. A member of the Common Council;
3. The City Judge; or
4. The City Clerk.
RELATIVE means any of the following:
1. A spouse;
2. A parent or stepparent;
3. A child or stepchild;
4. A brother, sister, stepbrother, or stepsister;
5. A niece or nephew;
6. An aunt or uncle; or
7. A daughter-in-law or son-in-law.
(2) For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.
(4) For purposes of this section, the terms BROTHER and SISTER include a brother or sister by the half blood.
(B) Annual report. The annual report filed by a unit with the State Board of Accounts under I.C. 5-11-13-1 must include a statement by the executive of the unit stating whether the unit has implemented a policy under this section.
(C) Contract disclosure requirements.
(1) The city, its departments, or subdivisions, 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 section are satisfied and the elected official does not violate state law.
(2) The city, its departments, or subdivisions may enter into a contract or renew a contract with an individual or business entity described in division (C)(1) above if;
(a) The elected official files with the Common Council a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the city, its departments, or subdivisions;
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 Common Council and be accepted by the Common Council in a public meeting of the Common Council prior to 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 Lake Circuit;
(b) The appropriate agency of the city:
1. Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or makes a certified statement of the reasons why the vendor or contractor was selected; and
2. The unit 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 city begins.
(D) Annual certification by officer.
(1) Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this section.
(2) An officer shall submit the certification to the Mayor of the unit not later than December 31 of each year.
(Ord. 13-0004, passed 2-11-2013)