CHAPTER 61. CONFLICTS OF INTERESTS BY CEMETERY EMPLOYEES

IC 23-14-61

    

Chapter 61. Conflicts of Interests by Cemetery Employees

IC 23-14-61-1

Prohibition against acting as agent or representative; approval to
act as agent or representative

    

Sec. 1. (a) This section applies to a sexton, superintendent,
manager, director, grounds keeper, caretaker, or other employee of:

        (1) a person, firm, association, limited liability company, or
corporation that operates or maintains a cemetery for profit; or

        (2) a nonprofit cemetery that is supported in whole or in part by
the use of public funds.

    (b) A sexton, superintendent, manager, director, grounds keeper,
caretaker or other employee referred to in subsection (a) shall not:

        (1) act as an agent or representative for a manufacturer or dealer
of any commodity that is to be used or installed on cemetery
property, including monuments or markers; and

        (2) receive for those services any consideration, either cash or
otherwise;

unless the representation is approved in writing by the governing
board of the cemetery.

    (c) The written approval given by the governing board of a
cemetery under subsection (b) must be:

        (1) made a matter of public record; and

        (2) prominently displayed in a public place on the cemetery
property where it can be easily seen by persons visiting the
cemetery property.

As added by P.L.52-1997, SEC.35.

IC 23-14-61-2

Unlawful discrimination or unfair trade practice prohibited

    

Sec. 2. A sexton, superintendent, manager, director, grounds
keeper, caretaker, or other employee who:

        (1) is referred to in section 1(a) of this chapter; and

        (2) acts as an agent or representative for a manufacturer or
dealer of any commodity that is to be used or installed on
cemetery property;

is prohibited from engaging in any unlawful discrimination or unfair
trade practice in violation of this article or any other related law
against a manufacturer or dealer of a commodity used or installed on
cemetery property whom the employee does not represent.

As added by P.L.52-1997, SEC.35.

IC 23-14-61-3

Writs of prohibition

    

Sec. 3. (a) Upon proper proof of a violation of section 1 or section
2 of this chapter, a court of competent jurisdiction may issue writs of
prohibition.

    (b) After the issuance of writs of prohibition under subsection (a),
a fiscal officer who disburses public money to any:

        (1) person;

        (2) firm;

        (3) association;

        (4) limited liability company; or

        (5) corporation;

against whom or which a writ of prohibition is in effect is liable on
the fiscal officer's bond.

As added by P.L.52-1997, SEC.35.