(A) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL.
(a) The executive or a member of the executive body of the city;
(b) A member of the legislative body of the city; or
(c) A member of the fiscal body of the city.
RELATIVE.
(a) 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) Contract disclosure requirements.
(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. 35-44.1-1-4.
(2) A unit may enter into a contract or renew a contract with an individual or business entity described in division (B)(1) above if:
(a) The elected official files with the unit a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the unit;
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 unit and be accepted by the legislative body in a public meeting of the unit 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 circuit court in the county where the unit takes final action on the contract or purchase;
(b) The appropriate agency of the unit:
1. Make 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 unit 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. 35-44.1-1-4, 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 unit begins.
(C) Certification by elected officers of the city. Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this resolution. An elected officer shall submit the certification to the Mayor and Clerk-Treasurer not later than December 31 of each year.
(Res. 2014-22, passed 11-12-2014)