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IN SB0270
Bill
Status
2/20/2019
Primary Sponsor
Randall Head
Click for details
AI Summary
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County, city, town, and township elected officials with a financial interest in a decision are prohibited from participating in discussions, voting, or attempting to persuade other officials' votes outside of public meetings
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Financial interest is defined as decisions involving property owned/controlled by the official or a relative, or procurement of services from the official, their employer, prospective employer, relative, or entity they own/control
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Officials may participate in discussions and attempt to persuade others during properly noticed regular public meetings (excluding executive sessions) even when they have a financial interest
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When required recusals prevent a vote or cause a tie, tie-breaking authority goes to: the mayor (city), clerk-treasurer (town), township trustee (township), county fiscal body (county executive matters), or county executive (county fiscal matters)
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Effective July 1, 2019, amending IC 36-1 and adding new Chapter 25 on conflicts of interest; does not apply to certain county commissioner provisions or planning commissions under IC 36-7-4
Legislative Description
Recusal of local government officials. Provides that county, city, town, and township elected officials (local officials) may not, outside of a public meeting: (1) participate in a discussion or a vote; or (2) persuade the vote of another elected official of the unit; if the local official has a financial interest in the outcome of a decision before the body the local official serves. Provides that an elected official has a financial interest if the decision involves: (1) the transfer or authorized use of property owned or controlled by the elected official or a relative of the elected official; or (2) the procurement of services by the unit from the elected official, the elected official's employer or prospective employer, the elected official's relative, or an entity the elected official owns or controls. Provides that if disqualification of a body's members prevent a vote from being taken or cause a tie vote, the decision will be made or the tie broken by the following: (1) The mayor, in the case of a city legislative body. (2) The clerk-treasurer, in the case of a town legislative body. (3) The township trustee, in the case of a township legislative body. (4) The county fiscal body, in the case of a county executive body. (5) The county executive, in the case of a county fiscal body.
Last Action
First reading: referred to Committee on Government and Regulatory Reform
3/7/2019