(A) This subchapter also establishes minimum requirements regarding contracting with the town by an individual who is a relative of an elected official of the town or a business entity that is wholly or partially owned by a relative of an elected official.
(B) The town may enter into, 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 the requirements of this section are satisfied and the elected official does not violate I.C. 35-44.1-3.
(C) The town may enter into, or renew, a contract with an individual or business entity described in division (B) above if:
(1) The elected official files with the Town Clerk-Treasurer a full disclosure, 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 that contracts with the town or from whom the town purchases;
(d) Be affirmed under penalty of perjury;
(e) Be submitted to the Town Council and be accepted by it in a public meeting 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:
1. The State Board of Accounts; and
2. The Clerk of the County Circuit Court.
(2) The Town Council:
(a) Adopts a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
(b) Adopts a certified statement of the reasons why the vendor or contractor was selected if it was not the lowest quoter or bidder.
(3) The town has satisfied any other requirements under I.C. 5-22 or I.C. 36-1-12;
(4) An elected official shall also comply with the disclosure provisions of I.C. 35-44.1-3, if applicable; and
(5) 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.
(Ord. 2012-11, passed 6-13-2012)