(A) Adoption. Pursuant to I.C. 36-1-21, the Town Council hereby adopts the following anti- nepotism ordinance regarding contracting with relatives.
(B) 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) The executive or a member of the executive body of the town;
(b) A member of the legislative body of the town; or
(c) A member of the fiscal body of the town.
RELATIVE.
(a) 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; 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.
(c) The terms BROTHER and SISTER include a brother or sister by the half blood.
(C) Contracting practices.
(1) The town may enter into a contract or renew a contract for the procurement of goods and services or a contract for public works with one of the following, only if the requirements in divisions (C)(2), (3), and (4) below are satisfied and the elected official does not violate I.C. 35-44-1-3:
(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.
(2) The town may enter into a contract or renew a contract with an individual or business entity described above if:
(a) The elected official files with the town a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the town;
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 town and be accepted by the legislative body in a public meeting of the town 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 town takes final action on the contract or purchase;
(b) The appropriate agency of the town:
1. Makes 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 town satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) An elected official must also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(4) These provisions do not affect the initial term of a contract in existence at the time the term of office of the elected official of the town begins.
(D) Certification requirement. Each elected officer of a town must annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this statute. An officer must submit the certification to the executive of the town not later than December 31 of each year.
(Ord. 2012-08, passed 6-19-12) Penalty, see § 10.99