(A) Effective July 1, 2012 IC 36-1-21 states that 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: (l)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 elected official files a full disclosure which must:
(1) Be in writing;
(2) Describe the contract or purchase;
(3) Describe the relationship of the official to the business;
(4) Be affirmed under penalty of perjury;
(5) Be submitted to the legislative body prior to final action;
(6) Be filed (within 15 days of final action) with the State Board of Accounts and the Clerk-Treasurer.
(B) If a contract is entered into with a relative, the appropriate agency of the city shall make a certified statement that the contract amount or purchase price was the lowest amount or price offered or make a certified statement of the reasons why the vendor or contractor was selected. Contracts in existence prior to July 1, 2012 are excepted.
(C) An elected official that is in violation of this policy may be subject to penalties for perjury which is a class D felony with up to three years prison sentence. The city’s failure to adopt policies or failure to include a statement in the R-100 Personnel Report under IC 36-1-21 (Contracting with a Unit) will result in the Department of Local Government Finance not approving the city’s budget or any additional appropriations for the ensuing calendar year.
(Ord. 2018-16, passed 1-7-19)