2014 Indiana Code TITLE 36. LOCAL GOVERNMENT ARTICLE 1. GENERAL PROVISIONS CHAPTER 21. CONTRACTING WITH A UNIT
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IC 36-1-21
Chapter 21. Contracting With a Unit
IC 36-1-21-1
Applicability
Sec. 1. This chapter applies only to a unit.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-2
"Elected official"
Sec. 2. As used in this chapter, "elected official" means:
(1) the executive or a member of the executive body of the unit;
(2) a member of the legislative body of the unit; or
(3) a member of the fiscal body of the unit.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-3
"Relative"
Sec. 3. (a) As used in this chapter, "relative" means any of the
following:
(1) A spouse.
(2) A parent or stepparent.
(3) A child or stepchild.
(4) A brother, sister, stepbrother, or stepsister.
(5) A niece or nephew.
(6) An aunt or uncle.
(7) A daughter-in-law or son-in-law.
(b) For purposes of this section, an adopted child of an individual
is treated as a natural child of the individual.
(c) For purposes of this section, the terms "brother" and "sister"
include a brother or sister by the half blood.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-4
Adoption of more stringent or detailed requirements
Sec. 4. (a) This chapter establishes minimum requirements
regarding contracting with a unit. The legislative body of the unit
shall adopt a policy that includes, at a minimum, the requirements set
forth in this chapter. However, the policy may:
(1) include requirements that are more stringent or detailed than
any provision in this chapter; and
(2) apply to individuals who are exempted or excluded from the
application of this chapter.
The unit may prohibit or restrict an individual from entering into a
contract with the unit that is not otherwise prohibited or restricted by
this chapter.
(b) The annual report filed by a unit with the state board of
accounts under IC 5-11-13-1 must include a statement by the
executive of the unit stating whether the unit has implemented a
policy under this chapter.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-5
Contract disclosure requirements
Sec. 5. (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:
(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 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.
As added by P.L.135-2012, SEC.8. Amended by P.L.13-2013,
SEC.150.
IC 36-1-21-6
Annual certification by officer
Sec. 6. Each elected officer of the unit 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 executive of the unit not later than December 31 of each year.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-7
Noncompliance reported to the department of local government
finance
Sec. 7. If the state board of accounts finds that a unit has not
implemented a policy under this chapter, the state board of accounts
shall forward the information to the department of local government
finance.
As added by P.L.135-2012, SEC.8.
IC 36-1-21-8
Budget or additional appropriations may not be approved
Sec. 8. If a unit has not implemented a policy under this chapter,
the department of local government finance may not approve:
(1) the unit's budget; or
(2) any additional appropriations for the unit;
for the ensuing calendar year until the state board of accounts
certifies to the department of local government finance that the unit
has adopted a policy under this chapter.
As added by P.L.135-2012, SEC.8.
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