(A) It shall be a conflict of interest and violation of this chapter for a public official or employee to participate in the procurement of any contract, or purchase by the city if the contract or purchase benefits financially the public official or employee, his or her family member, or other entity in which he or she has a financial interest.
(B) It shall be a conflict of interest and violation of this chapter for a public official:
(1) To participate in any vote or participate in any discussion in his or her public capacity on any matter if the matter has an economic benefit to the public official, his or her family member, or anything in which he or she has a financial interest. In addition to recusal, a public official shall disclose any potential relationship to the Office of the Clerk-Treasurer within five days of obtaining the knowledge unless the relationship has been previously disclosed. The Clerk-Treasurer shall retain on file all such disclosures. In the event that the public official desires to abstain from voting on a particular matter, the public official shall announce his or her intention to abstain before the vote is taken and shall also provide a reason for the abstention. In the event that the abstention from voting would result in a lack of quorum for the board or commission to act, then the affected public official may vote after full disclosure.
(2) To pressure, coerce, force, or require any other public official to engage in any conduct that would result in economic benefit to either public official.
(3) To assist any person in any transaction with the city when this assistance is or would reasonably appear to be improperly enhanced by the position of the public official of the city. Public officials may provide this assistance if it is provided in the course of their official duties.
(4) To disclose or use any information obtained as a public official for his or her private gain, for the gain of another public official or for any other person unless and until the information is available to the public.
(5) To solicit or receive a gift or loan when it has been or would reasonably appear to have been solicited, received or given with the intent to give or obtain special consideration or influence as to any action by the public official in his or her official capacity.
(6) To receive a gift or honorarium in excess of $200 in any calendar year from any individual or other entity doing business with the city; however, the public official may receive the gift or honorarium and donate the gift or honorarium to a not-for-profit agency or to the city for public purpose.
(C) Beginning on July l, 2012, the following requirements shall also apply regarding contracting with the city.
(1) The city 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; or
(b) A business entity that is wholly or partially owned by a relative of an elected official:
(c) Only if the requirements of this section are satisfied and the elected official does not violate state law.
(2) The city may enter into a contract or renew a contract with an individual or business entity described in section (C)(1) above if:
(a) The elected official files with the city a full disclosure, which must:
1. Be in writing;
2. Describe the contract or purchase to be made by the city;
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 City Council and accepted to the City Council in a public meeting of the city 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 city takes final action on the contract or purchase;
(b) The appropriate agency of the city:
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 City satisfies any other requirements under I.C. 5-22 or I.C. 36-1-12.
(3) An elected official shall also comply with the disclosure provisions of state law, if applicable.
(4) 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 city begins.
(5) Each elected officer of the city shall annually certify in writing, subject to the penalties for perjury, that the officer is in compliance with this chapter. An officer shall submit the certification to the Mayor not later than December 31 of each year.
(Ord. 37-2005, passed 9-11-06; Am. Ord. 16, 2012, passed 6-25-12)