Subject to § 31.11:
(A) The town shall comply with all requirements and restrictions associated with IC 36-1-21.
(B) Contracting with relatives of elective officials.
(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:
(a) An individual who is a relative of an elected official (as defined in IC 36-1-21-3); or
(b) 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 entering into or renewing the contract does not otherwise constitute a violation of IC 35-44.1-1-3.
(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 contract or purchases;
4. Be affirmed under penalty of perjury;
5. Be submitted to the legislative body of the town and be accepted by the Town Council 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 the State Board of Accounts and the Clerk of the Hamilton County Circuit Court.
(b) The Department procuring the good or service must:
1. Make a certified statement that the contract amount or purchase price was the lowest responsive and responsible bid or offer; or
2. Make a certified statement of the reasons why the vendor or contractor was selected.
(3) Each elected officer of the town shall annually certify in writing, subject to the penalties of perjury, that the officer has not knowingly or intentionally violated Indiana nepotism and contracting laws.
(Ord. 2014-4-1, passed 4-14-14)
Cross-references:
Contracting with a unit by a relative policy, see § 31.11