(A) A unit 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;
(3) Only if the requirements below are satisfied and the elected official does not violate I.C. 35-44-1-3.
(B) A unit may enter into a contract or renew a contract with an individual or business entity described above if:
(1) The elected official files with the unit a full disclosure, which must:
(a) Be in writing;
(b) Describe the contract or purchase to be made by the unit;
(c) Describe the relationship that the elected official has to the individual or business entity that contracts or purchases;
(d) Be affirmed under penalty of perjury;
(e) 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
(f) Be filed, not later than 15 days after final action on the contract or purchase, with:
i. State Board of Accounts; and
ii. The Clerk of the Circuit Court in the County where the unit takes final action on the contract or purchase.
(2) The appropriate agency of the unit:
(a) Makes a certified statement that the contract amount or purchase price was the lowest amount or price bid or offered; or
(b) Makes a certified statement of the reasons why the vendor or contractor was selected.
(3) The unit satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(C) An elected official must also comply with the disclosure provisions of I.C. 35-44-1-3, if applicable.
(D) 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 unit begins.
(Ord. 9, 2012, passed 6-4-12)
Editor’s note:
IC 35-44-1-3 was repealed by P.L. 126-2012, Sec. 53.