Chapter 2.16
CONFLICT OF INTEREST CODE

Sections:

2.16.010    Adoption.

2.16.020    Statement required.

2.16.030    Designated employees.

2.16.010 Adoption.

The terms of California Code of Regulations Section 18730 of Title 2 (attached to the ordinance codified in this chapter as Appendix A), along with Appendices B and C attached to the ordinance codified in this chapter in which officials, employees and consultants are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the conflict of interest code of the city of Trinidad. [Ord. 94-3 § 2, 1994].

2.16.020 Statement required.

Persons holding designated positions shall file statements of economic interest pursuant to California Code of Regulations Section 18730(b)(4)(c) of Title 2. All designated employees shall file their statements with the city clerk to whom the council hereby delegates the authority to carry out the duties of filing officer. [Ord. 94-3 § 2, 1994].

2.16.030 Designated employees.

A. The persons holding positions listed in subsection (B) of this section are designated employees. It has been determined that these officers and employees make or participate in the making of decisions which may foreseeably have a material effect on their financial interests.

B.

Designated Employees

Disclosure Categories

City engineer

1, 2

Planning director

1, 2

Director of public works

1, 2

Building inspector

1, 2

C. Consultants.

1. For purposes of this code, consultants shall be considered designated employees and shall disclose pursuant to the broadest disclosure categories in TMC 2.16.040, specifically, shall disclose pursuant to categories 1 and 2, subject to the limitation that the city council or its designee may determine in writing that a particular consultant is hired to perform a range of duties that are limited in scope and thus is not required to fully comply with the disclosure requirements described in this code. Such written determination shall include a description of the consultant’s duties and, based upon that description, a statement of the extent of the disclosure requirements. The city council or its designee’s determination shall become a public record and shall be retained for public inspection in the same manner and location as this conflict of interest code.

2. As used in this code, a “consultant” is a natural person who provides, under contract, information, advice, recommendation or counsel to a local government agency. The term “consultant” does not include a person who:

a. Conducts research and arrives at conclusions with respect to his or her rendition of information, advice, recommendation or counsel independent of the control and direction of the agency or agency official, other than normal contract monitoring; and

b. Possesses no authority with respect to any agency decision beyond the rendition of information, advice, recommendation or counsel. [Ord. 2000-03 § 1, 2000; Ord. 94-3 § 2, 1994].