2022 Indiana Code
Title 36. Local Government
Article 1. General Provisions
Chapter 21. Contracting With a Unit
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.
