(A) The town makes every attempt to avoid favoritism and conflicts of interest in contractual decisions. The town’s policy regulates the contracting with relatives of elected officials for goods, services, and public works projects.
(B) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
RELATIVE. Includes spouses; parents or step-parents; child or step-child (includes adopted children); sister, brother, step- sister, step-brother (includes sister or brother by the half blood); niece or nephew; aunt or uncle; and daughter-in-law or son-in-law.
ELECTED OFFICIAL. The Town Council members and the Town Clerk- Treasurer.
(C) The town may enter into or renew a contract for the procurement of goods, services, or public work projects with the relative of an elected official or business entity in which a relative has an ownership interest if:
(1) The elected official files with the Town Council the Town Council member/Clerk-Treasurer’s Disclosure of Relative’s Contract with Town of Ellettsville, which must:
(a) Describe the contract or purchase to be made by the town; and
(b) Describe the relationship the elected official has to the individual or business entity that provides the contract for goods, services or public works projects.
(2) The Town Council: (a) issues a certified statement that the contract amount or purchase price was the lowest amount or price bid offered; or (b) issues a certified statement detailing the reasons why the particular vendor or contractor was selected.
(3) The town satisfies all of the requirements of Indiana’s public purchasing (I.C. 5-22) or public works projects (I.C. 36-1- 12) statute.
(4) The elected official complies with the disclosure provisions of state law.
(D) In addition to any other disclosures required by this policy or by statute, the following actions must be taken:
(1) 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 Town Council President that the town has implemented a nepotism policy with regard to the contracting for the procurement of goods and services.
(2) Prior to December 31 of each year, each elected official shall submit to the Town Council President a certification in writing, subject to the penalties for perjury, that the officer has not violated the provisions of the town’s nepotism policy with regard to the contracting for the procurement of goods and services.
(E) It is the intent of the town to fully comply with I.C. 36-1-20.2, the terms and provisions of which are incorporated into this section by reference. Where a term or provision set forth above differs from the incorporated terms and provisions of I.C. 36-1-20.2, the more restrictive or limiting term or provision shall take preference.
(F) In the event that an existing employment policy, personnel policy, ordinance or parts of an ordinance conflict with the foregoing provisions of section, the provisions of this section shall take precedence.
(G) The Town Council member/Town Clerk-Treasurer’s Disclosure of Relative’s Contract with Town of Ellettsville, and the Certification of Elected Official to the Executive of the Town of Ellettsville on Compliance with Town of Ellettsville Nepotism Policy regarding contracts shall be, and hereby are, in the forms attached to Ordinance 2012-15, passed July 23, 2012, and incorporated herein as Exhibits 1 and 2, respectively.
(Ord. 2012-15, passed 7-23-2012; Am. Ord. 2015-09, passed 7-27-2015)