(A) Key definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ELECTED OFFICIAL. Any member of the Town Council.
RELATIVE. Any of the following:
(a) A spouse;
(b) A parent or stepparent;
(c) A child or stepchild, including adopted children;
(d) A brother, sister, stepbrother or stepsister, including brothers or sisters by the half-blood;
(e) A niece or nephew;
(f) An aunt or uncle; and/or
(g) A daughter-in-law or son-in-law.
(B) Anti-nepotism policy regarding town contracts.
(1) In order to comply with state law and in order to avoid potential conflicts of interests, misunderstandings and appearances of favoritism, impropriety or bias, the legislative body has adopted the following policy to establish certain minimum requirements regarding contracts between:
(a) Any department, office or elected official of the town; and
(b) Relatives (or businesses wholly or partially owned by relatives) of elected officials of the town.
(2) Except as otherwise provided herein, the town may enter into or renew a contract for the procurement of goods and services or a contract for public works with either 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 the requirements of this policy are satisfied and such contract would not result in a violation of I.C. 35-44-1-3 by the elected official.
(C) Procedure to comply. Notwithstanding any provisions of this policy and I.C. 36-1-21, the town may enter into or renew a contract with an individual or business entity described in division (B) above only if the following conditions are met:
(1) The elected official shall file with the Clerk-Treasurer for consideration of the Town Council at its next regular or special meeting a full disclosure statement, which must:
(a) Be in writing;
(b) Describe the contract or purchase to be made by the town;
(c) Describe the relationship that the elected official has to the individual or business entity with whom the town seeks to contract or from whom the town seeks to purchase;
(d) Be affirmed under penalty of perjury;
(e) Be submitted to the legislative body of the town and be accepted by the legislative body of the town in a public meeting of the legislative body prior to final action on the contract or purchase; and
(f) Be filed, not later than 15 days after final action on the contract or purchase, with the State Board of Accounts and the Clerk of the Circuit Court of the county.
(2) The appropriate agency of the town shall file a certified statement with the Town Council:
(a) That the contract amount or purchase price was the lowest amount or price bid or offered; or
(b) Setting forth the reasons why the vendor or contractor was selected.
(3) The town satisfies any other contracting requirements under I.C. 5-22 (concerning the purchase of goods or services) or I.C. 36-1-12 (concerning public works); and
(4) The elected official also complies with the disclosure provisions required by I.C. 35-44-1-3, if applicable.
(D) Annual certification by elected officers. Each elected officer of the town shall annually certify in writing, subject to the penalties for perjury, that the officer has not violated this policy or I.C. 36-1-21. Each officer shall submit the certification to the Clerk-Treasurer not later than December 31 of each year.
(E) Interpretation of policy. This policy is intended to implement the minimum requirements necessary to comply with I.C. 36-1-21, as the same may be amended from time to time. If and to the extent this policy is not in compliance with I.C. 36-1-21, this policy shall be deemed to include such terms not otherwise included herein, and to exclude such terms not otherwise excluded as are necessary to cause this policy to implement the minimum requirements set forth in I.C. 36-1-21. To the extent this policy is inconsistent with any provision of state law, including, without limitation, I.C. 36-1-21, such other provisions of state law shall control. If any portion of this policy is held or deemed to be, or is, invalid, illegal, inoperable or unenforceable, the validity, legality, operability and enforceability of the remaining portions of this policy shall not be affected, and this policy shall be construed as if it did not contain such invalid, illegal, inoperable or unenforceable portion.
(F) Right to review application of policy and make amendments. The town reserves the right to review the specific facts of any case where this policy is implicated and make exceptions on a case-by-case basis consistent with the provisions of state law, including, without limitation, the provisions of I.C. 36-1-21. Furthermore, the town reserves the right to modify or amend the provisions of this policy from time to time consistent with the provisions of the provisions of state law, including, without limitation, the provisions of I.C. 36-1-21.
(Prior Code, § 30.05) (Res. passed 6-12-2012)