§ 38.08 CONTRACTING WITH A UNIT.
   (A)   As used in this chapter, ELECTED OFFICIAL means:
      (1)   The executive or a member of the executive body of the City of Lawrenceburg;
      (2)   A member of the legislative body of the City of Lawrenceburg; or
      (3)   A member of the fiscal body of the City of Lawrenceburg.
   (B)   As used in this chapter, 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;
      (7)   A daughter-in-law or son-in-law; or
      (8)   A brother-in-law or sister-in-law.
   (C)   For purposes of this section, an adopted child of an individual is treated as a natural child of the individual.
   (D)   For purposes of this section, the terms BROTHER and SISTER include a brother or sister by the half blood.
   (E)   An annual report must be filed by the City of Lawrenceburg with the State Board of Accounts under I.C. 5-11-13-1 and must include a statement by the executive of the unit stating whether the unit has implemented a policy in accordance with applicable Indiana law.
   (F)   The City of Lawrenceburg, Indiana may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with:
      (1)   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 requirements of this section are satisfied and the elected official does not violate I.C. 35-44-1-3.
   (G)   The City of Lawrenceburg, Indiana may enter into a contract or renew a contract with an individual relative or business entity owned by a relative if the elected official files with the City of Lawrenceburg a full disclosure, which must:
      (1)   Be in writing;
      (2)   Describe the contract or purchase to be made by the City of Lawrenceburg;
      (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 legislative body of the City of Lawrenceburg and be accepted by the legislative body in a public meeting of the unit prior to final action on the contract or purchase, with:
         (a)   The State Board of Accounts;
         (b)   The Clerk of the Circuit Court in the county where the unit takes final action on the contract or purchase.
      (6)   The City of Lawrenceburg Board of Public Works shall also:
         (a)   Make a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
         (b)   Make a certified statement of the reasons why the vendor or contractor was selected; and
         (c)   Certify unit satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
   (H)   An elected official shall also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
   (I)   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 unit begins.
   (J)   Each elected officer of the unit shall annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this chapter. An officer shall submit the certification to the executive of the unit not later than December 31 of each year.
   (K)   (1)   If the State Board of Accounts finds that the City of Lawrenceburg has not implemented a policy under this chapter, the State Board of Accounts shall forward the information to the Department of Local Government Finance.
      (2) If the City of Lawrenceburg not implemented a policy under this chapter, the Department of Local Government Finance may not approve:
         (a)   The City of Lawrenceburg's budget; or
         (b)   Any additional appropriations for the City of Lawrenceburg;
for the ensuing calendar year until the State Board of Accounts certifies to the Department of Local Government Finance that the unit adopted a policy under this chapter.
(Ord. 2021-14, passed 12-6-21)