Sec. 40. (a) Unless the board publicly declares an emergency, it may not during any six (6) month period make separate contracts with another party for public improvements or repairs under section 13 of this chapter on the same construction or repair site or on the same construction or repair project involving more than one (1) site, without advertising for and accepting public bids, if the aggregate cost of the separate contract is more than fifteen thousand dollars ($15,000).

     (b) A commissioner who knowingly violates subsection (a) commits a Level 6 felony.

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
For details, see Ind. Code § 35-50-2-7

Terms Used In Indiana Code 36-10-4-40

  • Board: refers to a board of park commissioners, or board of parks and recreation of a consolidated city. See Indiana Code 36-10-4-2
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Month: means a calendar month, unless otherwise expressed. See Indiana Code 1-1-4-5
     (c) A person who accepts a contract with the board, knowing that subsection (a) was violated in connection with the contract, commits a Level 6 felony and may not be a party to or benefit from any contract with an Indiana governmental entity for two (2) years after the date of the person’s conviction.

[Pre-Local Government Recodification Citation: 19-7-30-38.]

As added by Acts 1981, P.L.309, SEC.111. Amended by Acts 1981, P.L.57, SEC.44; P.L.158-2013, SEC.682.