Section 36-1-21-5 - Contract disclosure requirements(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; only if the requirements of this section are satisfied and the elected official does not violate IC 35-44.1-1-4.
(b) A unit may enter into a contract or renew a contract with an individual or business entity described in subsection (a) if:(1) the elected official files with the unit a full disclosure, which must: (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 fifteen (15) days after final action on the contract or purchase, with: (i) the 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; and(3) the unit satisfies any other requirements under IC 5-22 or IC 36-1-12.(c) An elected official shall also comply with the disclosure provisions of IC 35-44.1-1-4, if applicable.(d) 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 unit begins.Amended by P.L. 13-2013, SEC. 150, eff. 4/1/2013.Added by P.L. 135-2012, SEC. 8, eff. 7/1/2012.