(A) Definitions. For the purposes of this policy, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL.
(a) The Mayor;
(b) A member of the Board of Public Works and Safety;
(c) A member of the Common Council;
(d) The Clerk-Treasurer of the city;
(e) A member of the Franklin Utility Service Board.
RELATIVE.
(a) 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.
7. A daughter-in-law or son-in-law.
(b) For purposes of this definition, an adopted child of an individual is treated as a natural child of the individual.
(c) For purposes of this definition, BROTHER and SISTER include a brother or sister by the half blood.
(B) (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:
(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 (B) are satisfied and the elected official does not violate I.C. 36-1-21.
(2) The city may enter into a contract or renew a contract with an individual or business entity described in division (B)(1) if:
(a) The elected official files with the Clerk-Treasurer a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the city;
3. Describe the business 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 Clinton Circuit Court;
(b) The Board of Public Works and Safety 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
2. Makes a certified statement of the reasons why the vendor or contractor was selected; and
(c) The city 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. 36-1- 21-5, if applicable.
(4) This division (B) 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.
(C) Each elected officer of the city shall annually certify in writing, subject to penalties of perjury, that the officer is in compliance with this policy and the provisions of I.C. 36-1-21. An officer shall submit the certification to the Mayor not later than December 31 of each year.
(D) The annual report filed by the city with the State Board of Accounts under I.C. 5-11-13-1 shall include a statement by the Mayor stating whether the city has implemented a policy under I.C. 36-1-21.
(Res. 12-03, passed 6-25-12)