§ 33.133. CONTRACTING WITH A UNIT.

(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)