(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL. A County Commissioner or County Council member.
RELATIVE.
(a) Any of the following:
1. Spouse;
2. Parent or step parent;
3. A child or step child;
4. Brother, sister, step brother or step sister;
5. A niece or nephew;
6. An aunt or uncle; or
7. A daughter-in-law or son-in-law.
(b) An adopted child of an individual is treated as a natural child of the individual. The terms BROTHER and SISTER shall include a brother or sister by half blood (a common parent).
(B) Application to certain contracts.
(1) The county may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with an individual who is a relative of an elected official or a business entity that is wholly or partially owned by a relative of an elected official only if disclosure requirements under this section are satisfied.
(2) Contracts in existence at the time the term of office of the elected official begins are not affected until those contracts are renewed.
(C) Disclosure of contracts with relatives. An elected official whose relative enters into a contract with the county shall file a full disclosure of that contract.
(1) Disclosure statement must be in writing, describe the contract or purchase to be made by the county, describe the relationship that the elected official has to the individual or business entity that contracts or purchases, and be affirmed under penalty of perjury.
(2) Disclosure statement must be submitted to the Board of County Commissioners and be accepted by the Board in a public meeting prior to final action on the contract on or purchase.
(3) Disclosure statement must be filed not later than 15 days after final action on the contract or purchase with the State Board of Accounts, and the County Clerk of the Circuit Court.
(D) Actions by Board of Commissioners or appropriate agency. The Board of County Commissioners or an appropriate agency of the county designated by the Board of County Commissioners shall make a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered or make a certified statement of the reasons why the vendor or contractor was selected.
(E) Certification by elected officers of the county. Each elected officer of the county shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this section. An elected officer shall submit the certification to the Board of County Commissioners not later than December 31 of each year.
(Res. 2012-03, passed 6-25-2012)