5.7 TYPES OF COUNCIL ACTIONS
5.7.1 Consent Calendar
Those items on the Agenda which are considered to be
of a routine and non-controversial nature by the City
Manager shall be listed on the Consent Calendar.
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These items so listed shall be approved, adopted, and
accepted. by one motion of the Council.
At the request of any Council Member a Consent
Calendar Item shall be considered separately in the
order of the agenda following approval of the
remaining “Consent Calendar”.
Typical Motion: “I move that Consent Calendar items
x - xx (with the exception of items which have been
removed) be approved as received.”
The Mayor confirms the motion and the second before
calling for the vote.
A second to any motion must be received before a
motion may be voted on.
5.7.2 Ordinances
Ordinances are the laws of the municipality. City
Councils are given the power to pass ordinances by
Government Code Section 37100 as long as those
ordinances are not in conflict with the laws and
Constitution of the State of California or the United
States.
Regular ordinances may only be adopted at a regular
City Council meeting or an adjourned regular City
Council meeting.9
Approval of an ordinance requires a first reading or
introduction and a second reading and adoption, with
at least five days between readings (except an urgency
ordinance). The passage of an ordinance requires the
affirmative votes of at least three Council Members.
A notice of intent to adopt with an ordinance summary
is posted in three public places10 at least five days
prior to adoption and a Notice of Adoption with an
ordinance summary is posted within 15 days of
adoption.11
An ordinance becomes effective 30 days after
adoption. The 30 day time frame is known as a
referendum period. A referendum period is required
by state law and is a time frame in which any citizen
can file a petition challenging the legality of a recently adopted ordinance. An ordinance is an action that can
9. California Govt. Code 36934
10. City Hall, the Chamber of Commerce, and River Lodge
11. California Govt. Code Section 36933
be repealed or amended only by a subsequent
ordinance.
First Reading
Typical motion: "I move to introduce and hold the
first reading of Ordinance xxxx-xxx, and read by title
only.
The Mayor confirms the motion and the second, and
the City Clerk reads the ordinance title before calling for the vote.
Second Reading
Typical Motion: "I move to hold the second reading
and adopt Ordinance xxxx-xxx, and read by title only”
The Mayor confirms the motion and the second, and
the City Clerk reads the ordinance title before calling for the vote.
A second to any motion must be received before a
motion may be voted on.
An ordinance requires a roll call vote.
5.7.3 Urgency Ordinances
In matters deemed by the City Council to warrant
immediate action to preserve peace, public safety or
health, an emergency ordinance may be passed
immediately upon introduction at either a regular or
special meeting, and can be effective immediately.
5.7.4 Resolutions
A resolution expresses the policy of the Council on
directing certain types of procedural or administrative actions. It requires only one reading and may be
changed by subsequent resolution.
A resolution is also required to award contracts and
authorize expenditure of funds.
Typical Motion: “I move to adopt Resolution xxxx-xx
and read by title only.
The Mayor confirms the motion and the second, and
the City Clerk reads the resolution title before calling for the vote.
A second to any motion must be received before a
motion may be voted on.
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A resolution may be adopted by consent calendar
vote, a roll call vote or a voice vote.
5.7.5 Proclamations
A proclamation is a public declaration of the
Council’s endorsement of something such as a special
event or happening. Such a public announcement
usually is made at the request of the organization
sponsoring the event or happening and not for
functions of a personal nature including but not
limited to, a birthday or anniversary.
5.7.6 Minute Orders
These ordinarily indicate majority approval for a
procedural action. Minute orders are usually used for
disposition of business items on the agenda. Minute
Orders apply to items in which action was taken by
the council other than a resolution or ordinance.
5.7.7 Public Hearings
A public hearing is the open consideration of an issue
within a regular meeting of the City Council, for
which special public notice has been given and may
be required. During a specified portion of the hearing, any resident or concerned individual is invited to
present information, offer support or objection for the subject under consideration. Public hearings are
required for such items including but not limited to,
zoning changes, annexations, and fees or rates.
A public hearing may be continued or re-continued12
to a subsequent meeting following the same
procedures set forth in section 5.3.3 of this document.
6. CITY ORGANIZATION
6.1 CITY MANAGER
The City Manager, appointed by the City Council, is
responsible for the overall administration of the City
in response to the policies and programs established
by the City Council. The City Manager is responsible
for forecasting the program and service needs of the
City and its related financial, personnel, and capital
improvement requirements.
Among the programs conducted through the City
Manager are the overall direction of all City
departments, development and implementation of the
12. California Govt. Code Section 54955.1
City’s annual budget, and providing overall planning
for future City operations.
6.2 CITY ATTORNEY
The City Attorney, appointed by the City Council, is
responsible for providing necessary legal services and
guidance to the City Council, the City Manager,
department managers, and City boards, commissions
and committees to ensure that City functions are
performed on a sound legal basis.
6.3 CITY EMPLOYEES
City employees comprise the majority of City
government. They perform the day-to-day functions
necessary to provide municipal services. Department
managers administer specific functions of City
government and are responsible to the City Manager.
7. ADVISORY COMMISSIONS AND BOARDS13
7.1 OVERVIEW
The city council is authorized to establish boards,
commissions and committees. These boards,
committees and commissions shall be organized and
governed by Section 2.20 of the municipal code,
unless otherwise stated in the ordinance establishing
said board, committee or commission. (Ord. 2006-663
§ 2).
7.1.1 Qualifications
Membership on such bodies shall be representative of
the entire community insofar as possible, and
members on such boards, commissions and
committees shall be willing to serve as a civic
responsibility and without compensation. No member
of any board or commission shall hold any paid office
or employment in the city government, unless, by
resolution, such membership is specifically authorized
or required. Appointments of qualified non-city
residents shall require a four-fifths vote of the council for confirmation. In order to be eligible for
appointment to any board or commission, a person
shall be a qualified registered elector of the city of
Fortuna, or be the owner of a business located within
the city limits. However, in no event shall less than a majority of any board or commission be made up of
qualified registered electors of the city. (Ord. 2006-
13. Fortuna Municipal Code Section 2.20
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663 § 2).
7.1.2 Temporary committees
The mayor and the city manager, with the approval of
the council, may appoint from time to time such
temporary committees as are deemed advisable to
render counsel and advice to the council and the city
manager on any designated matters or subjects within
the jurisdiction of the council and the city manager.
Membership on such committees shall not be limited
by the requirements of this chapter. (Ord. 2006-663 §
2).
7.1.3 Appropriations
The council shall include in the annual budget such
appropriations of funds as in its opinion shall be
sufficient for the efficient and proper functioning of
such boards, commissions and committees. (Ord.
2006-663 § 2).
7.1.4 Appointments – Terms
A. The members of each such board or commission
shall be appointed by the mayor with the approval of
the council. The members thereof shall serve for a
designated term and until their respective successors
are appointed and qualified.
B. The terms of the commissioners shall be
staggered in order to provide continued continuity to
the board. No more than one-half plus one of the
board members’ terms may expire in a given year.
(Ord. 2006-663 § 2).
7.1.5 Vacancies
A. If a member of a board, commission, or
committee fails to file a financial disclosure form, if required by the city’s conflict of interest code, in the manner and at the time required by law, or violates
FMC 2.20.100, Conflict of interest, that office shall
become vacant and so declared by the council.
B. Any vacancies in any board, commission, or
committee, from whatever cause arising, shall be
filled by appointment by the mayor with the
approval of the council. When a vacancy occurs, any
appointment to fill such vacancy shall be for the
unexpired term.
C. If a member of a board, commission, or
committee absents himself from 25 percent of the
scheduled meetings, or three consecutive regular
meetings of such board, commission, or committee,
unless by permission of such board or commission
expressed in its official minutes, or ceases to be a
qualified elector of the city, his office shall become
vacant and shall be so declared by the council.
D. Any member of a board, commission, or
committee may be removed with or without cause by
the mayor with approval of the city council.
E. Applications for all scheduled and unscheduled
appointments shall be solicited as determined by the
city manager. (Ord. 2006-663 § 2).
7.1.6 Officers
A. At the first regular meeting in January of every
year, each of such boards, commissions and
committees shall organize by electing a chairperson
and vice-chairperson from its membership to serve
at the pleasure of such board or commission. In the
absence or disability of the chairperson and vicechairperson, each such board or commission may designate a temporary chairperson.
B. The city manager shall designate a staff
member(s) who shall provide for the recording of
minutes for each such board or commission, keep a
record of its proceedings and transactions, provide
staff assistance, and act as principal staff advisor.
(Ord. 2006-663 § 2).
7.1.7 Meetings – Rules and regulations – Quorum
A. Meetings. Each such board or commission shall
hold regularly scheduled meetings at a time to be
designated by the board or commission and such
special meetings as such board or commission may
require. Insofar as possible, all meetings of such
boards, commissions and committees shall be held
either in the council chambers or in the conference
room of the City Hall. All meetings shall be open to
the public, and shall comply with the public meeting
provisions of the Brown Act.
B. Rules, Regulations, and Records. Each board or
commission may prescribe its own rules and
regulations for the transaction of its business, which
rules and regulations shall be subject to the approval
of the city council, and shall be kept on file in the
office of the city clerk where they shall be available
for public inspection. Each board or commission
shall keep a written record of its meetings,
resolutions, transactions, findings, and
determinations, copies of which shall be kept on file
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in the office of the city clerk.
C. Quorum. A majority of the members of every
such board or commission shall constitute a quorum
for the transaction of business, and the affirmative or negative vote of a majority of the entire membership
shall be necessary for the final transaction of any
business. (Ord. 2006-663 § 2).
7.1.8 Compensation.
Unless otherwise provided for, the members of
boards, commissions, and committees shall serve
without compensation for their services as such but
may receive reimbursement for necessary traveling
and other expenses incurred on official duty when
such expenditures have been authorized by the
council. (Ord. 2006-663 § 2).
7.1.9 Conflict of interest.
No member of a board, commission, or committee
shall be or become directly or indirectly financially
interested in or with the performance of any contract,
work, or business, or in the sale of any article, the
expense, price or consideration of which is payable
from the city treasury or treasury of the Successor
Agency if such contract, work, business, or sale falls
within the advisory duties delegated to the board,
commission, or committee upon which such member
is serving; and provided further, that no member shall
be deemed to be financially interested, within the
meaning of the foregoing provisions, if such interest is not a prohibited interest under, and disclosure is made in accordance with, the provisions of California
Government Code, or under the provisions of the
Political Reform Act of 1974. (Ord. 2006-663 § 2).
7.2 HISTORICAL COMMISSION
7.2.1 Established – Purpose
There is created a historical commission, which shall
consist of five members.
The historical commission is established specifically
for the preservation of the Northwestern Pacific Depot
building which is a structure of significant historic and architectural worth, and for the administration of the
museum to be housed in said building which will
provide reminders of past eras, events, and persons
important to the city. The museum will be a receptacle
for future generations as an example of physical
amenities used by past generations. (Ord. 2006-663 §
2; Ord. 97-611 § 2; Ord. 355 § 1, 1975).
7.2.2 Membership terms
The historical commission shall consist of five
members. The term of office for historical
commission members shall be three years. (Ord. 2006-
663 § 2; Ord. 2005-654 § 2; Ord. 98-616 § 2; Ord. 97-
611 § 2; Ord. 90-558; Ord. 355 § 2, 1975).
7.2.3 Council representative
The mayor may designate one member of the city
council to attend the meetings of the historical
commission and provide the council with periodic
reports concerning the commission’s activities. While
attending commission meetings, the designated
council member shall observe such rules of conduct as
may be adopted and amended by the council from
time to time. (Ord. 2006-663 § 2; Ord. 98-616 § 2;
Ord. 97-611 § 2; Ord. 355 § 3, 1975).
7.2.4 Museum operation
A. The commission shall determine the types of
material artifacts to be displayed in the museum.
B. The commission shall recommend hours the
museum will remain open.
C. The commission is authorized to accept material
to be displayed either as gifts or loans and shall
determine how such material will be marked and
identified. (Ord. 2006-663 § 2; Ord. 97-611 § 2;
Ord. 355 § 4, 1975).
7.3 PARKS AND RECREATION
COMMISSION
7.3.1 Established – Purpose
There is created a parks and recreation commission
which shall consist of five members.
The commission is created to serve in an advisory
capacity to the city council, city manager and the city staff in all matters pertaining to public parks and
recreation. (Ord. 2008-676 § 2; Ord. 2006-663 § 2;
Ord. 97-611 § 2; Ord. 82-460 § 1).
7.3.2 Membership Terms
The parks and recreation commission shall consist of
five members. The term of office for parks and
recreation commissioners shall be three years. (Ord.
2008-676 § 2; Ord. 2006-663 § 2; Ord. 97-611 § 2).
7.3.3 Council Representative
The mayor may designate one member of the city
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council to attend the meetings of the parks and
recreation commission and provide the council with
periodic reports concerning the commission’s
activities. While attending commission meetings, the
designated council member shall observe such rules of
conduct as may be adopted and amended by the
council from time to time. (Ord. 2006-663 § 2; Ord.
97-611 § 2; Ord. 82-460 § 1).
7.4 PLANNING COMMISSION 14
7.4.1 Established – Purpose
There is created a planning commission to be known
as the Fortuna planning commission, which shall
consist of seven members, and one alternate member.
A. The commission shall exercise all the powers and
duties provided for a city planning commission
under the laws of the state and such additional duties
as may be assigned by the city council and by
provision as set forth in the city subdivision and
zoning ordinances.
B. The provisions of this section shall not be
construed as affecting or limiting, or as a
prerequisite to, the powers of the city council or the
electors of the city to legislate, or in any way
conflict with, the powers and duties of the city
council and the other boards or departments of the
city. (Ord. 2006-663 § 2; Ord. 2000-622 § 2; Ord.
97-611 § 2; Ord. 77-369; Ord. 348 § 2(A), 1974).
C. The Planning Commission shall act on design
review applications and follow the procedures as set
forth in FMC 17.07.100 (Ordinance 2014-707). The
purpose of design review is to review the design,
layout, and other features of proposed development
in keeping with the intent and purposes set forth in
the Fortuna General Plan.
7.4.2 Membership Terms
The planning commission shall consist of seven
members, and one alternate. The term of office for
planning commissioners shall be four years and for
the alternate shall be two years. (Ord. 2006-663 § 2;
Ord. 2000-622 § 2; Ord. 97-611 § 2; Ord. 348 § 2(B),
1974).
14. For statutory provisions regarding the planning
commission, see Government Code § 65100 et seq.
7.4.3 Compensation
Each planning commissioner shall receive $30.00 for
each meeting they attend to cover their out-of-pocket
expenses. (Ord. 2006-663 § 2; Ord. 2000-622 § 2).
7.4.4 Alternate Member
A. In addition to the seven regular members, the
mayor, with the approval of the city council, shall
appoint one resident alternate commissioner for a
term of two years, who shall have all of the powers
and duties of a regular commissioner except his or
her right to vote shall be allowed and have legal
effect only when seated as an acting commissioner
in the absence of one of the regular commissioners.
B. When a permanent vacancy is created on the
commission, the alternate shall fill that vacancy as a
regular member for the remainder of that
commissioner’s term of office. A new alternate
member shall be appointed by the mayor.
C. The alternate shall, like regular members, attend
the regular and special meetings of the commission.
The alternate shall review staff reports and
documents and otherwise prepare for such meetings.
At such meetings the alternate shall be identified for
the record.
D. The alternate shall publicly announce any items
on the agenda that he/she is disqualified from
participating in because of a conflict of interest. If, as a result of absences or conflicts of interest by the regular members at a regular or special meeting, the
alternate shall move to the seat of a regular member
and shall participate as a regular member.
E. The qualifications, appointment, removal and
other requirements applicable to the alternate shall
be the same as those for regular members of the
commission. The alternate shall also be subject to
the requirements of and shall abide by the Ralph M.
Brown Act, the Political Reform Act and other law
applicable to the regular members of the
commission. (Ord. 2006-663 § 2; Ord. 2003-641 §
1).
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8. APPENDIX
8.1 "ROSENBERG'S RULES OF ORDER"
(SIMPLE RULES OF PARLIAMENTARY
PROCEDURE FOR THE 21ST CENTURY)
BY DAVE ROSENBERG
Introduction
The rules of procedure at meetings should be simple
enough for most people to understand. Unfortunately,
that has not always been the case. Virtually all clubs, associations, boards, councils and bodies follow a set
of rules - "Robert's Rules of Order" - which are
embodied in a small, but complex, book. Virtually no
one I know has actually read this book cover to cover.
Worse yet, the book was written for another time, and
for another purpose. If one is chairing or running a
Parliament, then "Robert's Rules of Order" is a dandy
and quite useful handbook for procedure in that
complex setting. On the other hand, if one is running a meeting of, say, a 5-member body with a few
members of the public in attendance, a simplified
version of the rules of parliamentary procedure is in
order.
Hence, the birth of "Rosenberg's Rules of Order."
What follows is my version of the rules of
parliamentary procedure, based on my 20 years of
experience chairing meetings in state and local
government. These rules have been simplified for the
smaller bodies we chair or in which we participate,
slimmed down for the 21st Century, yet retaining the
basic tenets of order to which we have grown
accustomed.
This treatise on modern parliamentary procedure is
built on a foundation supported by the following four
pillars:
(1) Rules should establish order. The first purpose of
rules of parliamentary procedure is to establish a
framework for the orderly conduct of meetings.
(2) Rules should be clear. Simple rules lead to wider
understanding and participation. Complex rules create
two classes: those who understand and participate; and
those who do not fully understand and do not fully
participate.
(3) Rules should be user friendly. That is, the rules
must be simple enough that the public is invited into
the body and feels that it has participated in the
process.
(4) Rules should enforce the will of the majority while protecting the rights of the minority. The ultimate
purpose of rules of procedure is to encourage
discussion and to facilitate decision-making by the
body.
In a democracy, majority rules. The rules must enable
the majority to express itself and fashion a result,
while permitting the minority to also express itself,
but not dominate, and fully participate in the process.
The Role of the Chair
While all members of the body should know and
understand the rules of parliamentary procedure, it is
the Chair of the body who is charged with applying
the rules in the conduct of the meeting. The Chair
should be well versed in those rules. The Chair, for all intents and purposes, makes the final ruling on the
rules every time the Chair states an action. In fact, all decisions by the Chair are final unless overruled by
the body itself.
Since the Chair runs the conduct of the meeting, it is
usual courtesy for the Chair to play a less active role in the debate and discussion than other members of
the body. This does not mean that the Chair should not
participate in the debate or discussion. To the
contrary, the Chair as a member of the body has the
full right to participate in the debate, discussion and decision-making of the body. What the Chair should
do, however, is strive to be the last to speak at the
discussion and debate stage, and the Chair should not
make or second a motion unless the Chair is
convinced that no other member of the body will do
so at that point in time.
The Basic Format for an Agenda Item Discussion
Formal meetings normally have a written, often
published agenda. Informal meetings may have only
an oral or understood agenda. In either case, the
meeting is governed by the agenda and the agenda
constitutes the body's agreed-upon roadmap for the
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meeting. And each agenda item can be handled by the
Chair in the following basic format:
First, the Chair should clearly announce the agenda
item number and should clearly state what the agenda
item subject is. The Chair should then announce the
format (which follows) that will be followed in
considering the agenda item.
Second, following that agenda format, the Chair
should invite the appropriate person or persons to
report on the item, including any recommendation that
they might have. The appropriate person or persons
may be the Chair, a member of the body, a staff
person, or a committee chair charged with providing
input on the agenda item.
Third, the Chair should ask members of the body if
they have any technical questions of clarification. At
this point, members of the body may ask clarifying
questions to the person or persons who reported on the
item, and that person or persons should be given time
to respond.
Fourth, the Chair should invite public comments, or if
appropriate at a formal meeting, should open the
public meeting for public input. If numerous members
of the public indicate a desire to speak to the subject, the Chair may limit the time of public speakers. At the conclusion of the public comments, the Chair should
announce that public input has concluded (or the
public hearing as the case may be is closed).
Fifth, the Chair should invite a motion. The Chair
should announce the name of the member of the body
who makes the motion.
Sixth, the Chair should determined if any member of
the body wishes to second the motion. The Chair
should announce the name of the member of the body
who seconds the motion. (It is normally good practice
for a motion to require a second before proceeding
with it, to ensure that it is not just one member of the body who is interested in a particular approach.
However, a second is not an absolute requirement, and
the Chair can proceed with consideration and vote on
a motion even when there is no second. This is a
matter left to the discretion of the Chair.)
Seventh, if the motion is made and seconded, the
Chair should make sure everyone understands the
motion. This is done in one of three ways: (1) The
Chair can ask the maker of the motion to repeat it. (2) The Chair can repeat the motion. (3) The Chair can
ask the secretary or the clerk of the body to repeat the motion.
Eighth, the Chair should now invite discussion of the
motion by the body. If there is no desired discussion,
or after the discussion has ended, the Chair should
announce that the body will vote on the motion. If
there has been no discussion or very brief discussion,
then the vote on the motion should proceed
immediately and there is no need to repeat the motion.
If there has been substantial discussion, then it is
normally best to make sure everyone understands the
motion by repeating it.
Ninth, the Chair takes a vote. Simply asking for the
"ayes", and then asking for the "nays" normally does
this. If members of the body do not vote, then they
"abstain". Unless the rules of the body provide
otherwise (or unless a super-majority is required as
delineated later in these rules) then a simple majority determines whether the motion passes or is defeated.
Tenth, the Chair should announce the result of the
vote and should announce what action (if any) the
body has taken. In announcing the result, the Chair
should indicate the names of the members of the body,
if any, who voted in the minority on the motion. This
announcement might take the following form: "The
motion passes by a vote of 3-2, with Smith and Jones
dissenting. We have passed the motion requiring 10
days notice for all future meetings of this body."
Motions in General
Motions are the vehicles for decision-making by a
body. It is usually best to have a motion before the
body prior to commencing discussion of an agenda
item. This helps the body focus.
Motions are made in a simple two-step process. First,
the Chair should recognize the member of the body.
Second, the member of the body makes a motion by
preceding the member's desired approach with the
words: "I move . . . . "
So, a typical motion might be: "I move that we give
10-day's notice in the future for all our meetings."
The Chair usually initiates the motion by either (1)
Inviting the members of the body to make a motion.
"A motion at this time would be in order." (2)
Suggesting a motion to the members of the body. "A
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motion would be in order that we give 10-day's notice
in the future for all our meetings." (3) Making the
motion. As noted, the Chair has every right as a
member of the body to make a motion, but should
normally do so only if the Chair wishes to make a
motion on an item but is convinced that no other
member of the body is willing to step forward to do so
at a particular time.
The Three Basic Motions
There are three motions that are the most common and
recur often at meetings:
The basic motion. The basic motion is the one that
puts forward a decision for the body's consideration. A basic motion might be: "I move that we create a 5-
member committee to plan and put on our annual
fundraiser."
The motion to amend. If a member wants to change a
basic motion that is before the body, they would move
to amend it. A motion to amend might be: "I move
that we amend the motion to have a 10-member
committee." A motion to amend takes the basic
motion which is before the body and seeks to change
it in some way.
The substitute motion. If a member wants to
completely do away with the basic motion that is
before the body, and put a new motion before the
body, they would move a substitute motion. A
substitute motion might be: "I move a substitute
motion that we cancel the annual fundraiser this year." "Motions to amend" and "substitute motions" are
often confused. But they are quite different, and their effect (if passed) is quite different. A motion to amend seeks to retain the basic motion on the floor, but
modify it in some way. A substitute motion seeks to
throw out the basic motion on the floor, and substitute a new and different motion for it. The decision as to
whether a motion is really a "motion to amend" or a
"substitute motion" is left to the chair. So that if a
member makes what that member calls a "motion to
amend", but the Chair determines that it is really a
"substitute motion", then the Chair's designation
governs.
Multiple Motions Before the Body
There can be up to three motions on the floor at the
same time. The Chair can reject a fourth motion until
the Chair has dealt with the three that are on the floor and has resolved them.
When there are two or three motions on the floor
(after motions and seconds) at the same time, the vote
should proceed first on the last motion that is made.
So, for example, assume the first motion is a basic
"motion to have a 5-member committee to plan and
put on our annual fundraiser." During the discussion
of this motion, a member might make a second motion
to "amend the main motion to have a 10-member
committee, not a 5-member committee to plan and put
on our annual fundraiser." And perhaps, during that
discussion, a member makes yet a third motion as a
"substitute motion that we not have an annual
fundraiser this year." The proper procedure would be
as follows:
First, the Chair would deal with the third (the last)
motion on the floor, the substitute motion. After
discussion and debate, a vote would be taken first on
the third motion. If the substitute motion passed, it
would be a substitute for the basic motion and would
eliminate it. The first motion would be moot, as would
the second motion (which sought to amend the first
motion), and the action on the agenda item would be
completed on the passage by the body of the third
motion (the substitute motion). No vote would be
taken on the first or second motions. On the other
hand, if the substitute motion (the third motion) failed then the Chair would proceed to consideration of the
second (now, the last) motion on the floor, the motion
to amend.
Second, if the substitute motion failed, the Chair
would now deal with the second (now, the last)
motion on the floor, the motion to amend. The
discussion and debate would focus strictly on the
amendment (should the committee by 5 members or
10 members). If the motion to amend passed the Chair
would now move to consider the main motion (the
first motion) as amended. If the motion to amend
failed the Chair would now move to consider the main
motion (the first motion) in its original format, not
amended.
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Third, the Chair would now deal with the first motion
that was placed on the floor. The original motion
would either be in its original format (5-member
committee), or, if amended, would be in its amended
format (10-member committee). And the question on
the floor for discussion and decision would be
whether a committee should plan and put on the
annual fundraiser.
To Debate or Not to Debate
The basic rule of motions is that they are subject to
discussion and debate. Accordingly, basic motions,
motions to amend, and substitute motions are all
eligible, each in their turn, for full discussion before and by the body. The debate can continue as long as
members of the body wish to discuss an item, subject
to the decision of the Chair that it is time to move on and take action.
There are exceptions to the general rule of free and
open debate on motions. The exceptions all apply
when there is a desire of the body to move on. The
following motions are not debatable (that is, when the
following motions are made and seconded, the Chair
must immediately call for a vote of the body without
debate on the motion):
A motion to adjourn. This motion, if passed, requires
the body to immediately adjourn to its next regularly
scheduled meeting. It requires a simple majority vote.
A motion to recess. This motion, if passed, requires
the body to immediately take a recess. Normally, the
Chair determines the length of the recess which may
be a few minutes or an hour. It requires a simple
majority vote.
A motion to fix the time to adjourn. This motion, if
passed, requires the body to adjourn the meeting at the specific time set in the motion. For example, the
motion might be: "I move we adjourn this meeting at
midnight." It requires a simple majority vote.
A motion to table. This motion, if passed, requires
discussion of the agenda item to be halted and the
agenda item to be placed on "hold". The motion can
contain a specific time in which the item can come
back to the body: "I move we table this item until our
regular meeting in October." Or the motion can
contain no specific time for the return of the item, in which case a motion to take the item off the table and
bring it back to the body will have to be taken at a
future meeting. A motion to table an item (or to bring
it back to the body) requires a simple majority vote.
A motion to limit debate. The most common form of
this motion is to say: "I move the previous question"
or "I move the question" or "I call the question."
When a member of the body makes such a motion, the
member is really saying: "I've had enough debate.
Let's get on with the vote". When such a motion is
made, the Chair should ask for a second, stop debate,
and vote on the motion to limit debate. The motion to
limit debate requires a 2/3 vote of the body. Note: that a motion to limit debate could include a time limit.
For example: "I move we limit debate on this agenda
item to 15 minutes." Even in this format, the motion to limit debate requires a 2/3 vote of the body. A similar motion is a motion to object to consideration of an
item. This motion is not debatable, and if passed,
precludes the body from even considering an item on
the agenda. It also requires a 2/3 vote.
Majority and Super-Majority Votes
In a democracy, a simple majority vote determines a
question. A tie vote means the motion fails. So in a 7- member body, a vote of 4-3 passes the motion. A vote
of 3-3 with one abstention means the motion fails. If
one member is absent and the vote is 3-3, the motion
still fails.
All motions require a simple majority, but there are a
few exceptions. The exceptions come up when the
body is taking an action which, effectively, cuts off
the ability of a minority of the body to take an action or discuss and item. These extraordinary motions
require a 2/3 majority (a super-majority) to pass:
Motion to limit debate. Whether a member says "I
move the previous question" or "I move the question"
or "I call the question" or "I move to limit debate", it all amounts to an attempt to cut off the ability of the minority to discuss an item, and it requires a 2/3 vote to pass.
Motion to close nominations. When choosing officers
of the body (like the Chair) nominations are in order
either from a nominating committee or from the floor
of the body. A motion to close nominations effectively
cuts off the right of the minority to nominate officers, and it requires a 2/3 vote to pass.
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Motion to object to the consideration of a question.
Normally, such a motion is unnecessary since the
objectionable item can be tabled, or defeated straight
up. However, when members of a body do not even
want an item on the agenda to be considered, then
such a motion is in order. It is not debatable, and it
requires a 2/3 vote to pass.
Motion to suspend the rules. This motion is debatable,
but requires a 2/3 vote to pass. If the body has its own rules of order, conduct or procedure, this motion
allows the body to suspend the rules for a particular
purpose. For example, the body (a private club) might
have a rule prohibiting the attendance at meetings by
non-club members. A motion to suspend the rules
would be in order to allow a non-club member to
attend a meeting of the club on a particular date or on a particular agenda item.
The Motion to Reconsider
There is a special and unique motion that requires a
bit of explanation all by itself: the motion to
reconsider. A tenet of parliamentary procedure is
finality. After vigorous discussion, debate, perhaps
disagreement and a vote, there must be some closure
to the issue. And so, after a vote is taken, the matter is deemed closed, subject only to a re-opener if a proper
motion to reconsider is made.
A motion to reconsider requires a majority vote to
pass, but there are two special rules that apply only to the motion to reconsider. First, is timing. A motion to reconsider must be made at the meeting where the
item was first voted upon or at the very next meeting
of the body. A motion to reconsider made at a later
time is untimely. (The body, however, can always
vote to suspend the rules and by a 2/3 majority, can
allow a motion to reconsider to be made at another
time.) Second, a motion to reconsider can only be
made by certain members of the body. Accordingly, a
motion to reconsider can only be made by a member
who voted in the majority on the original motion. If
such a member has a change of heart, he or she can
make the motion to reconsider (any other member of
the body may second the motion). If a member who
voted in the minority seeks to make the motion to
reconsider, it must be ruled out of order. The purpose
of this rule is finality. If a member of the minority
could make a motion to reconsider, then the item
could be brought back to the body again and again.
That would defeat the purpose of finality.
If the motion to reconsider passes, then the original
matter is back before the body, and a new original
motion is then in order. The matter can be discussed
and debated as if it were on the floor for the first time.
Courtesy and Decorum
The rules of order are meant to create an atmosphere
where the members of the body and the members of
the public can attend to business efficiently, fairly and with full participation. At the same time, it is up to the Chair and the members of the body to maintain
common courtesy and decorum. Unless the setting is
very informal, it is always best for only one person at a time to have the floor, and it is always best for every speaker to be first recognized by the Chair before
proceeding to speak.
The Chair should always ensure that debate and
discussion of an agenda item focuses on the item and
the policy in question, not the personalities of the
members of the body. Debate on policy is healthy,
debate on personalities is not. The Chair has the right to cut off discussion that is too personal, is too loud, or is too crude.
Debate and discussion should be focused, but free and
open. In the interest of time, the Chair may, however,
limit the time allotted to speakers, including members
of the body.
Can a member of the body interrupt the speaker? The
general rule is "no." There are, however, exceptions.
A speaker may be interrupted for the following
reasons:
Privilege. The proper interruption would be: "point of
privilege." The Chair would then ask the interrupter to "state your point." Appropriate points of privilege
relate to anything that would interfere with the normal comfort of the meeting. For example, the room may
be too hot or too cold, or a blowing fan might interfere with a person's ability to hear.
Order. The proper interruption would be: "point of
order." Again, the Chair would ask the interrupter to
"state your point." Appropriate points of order relate
to anything that would not be considered appropriate
conduct of the meeting. For example, if the Chair
moved on to a vote on a motion that permits debate
without allowing that discussion or debate.
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Appeal. If the Chair makes a ruling that a member of
the body disagrees with, that member may appeal the
ruling of the chair. If the motion is seconded, and after debate, if it passes by a simple majority vote, then the ruling of the Chair is deemed reversed.
Call for orders of the day. This is simply another way
of saying, "Let's return to the agenda." If a member
believes that the body has drifted from the agreedupon agenda, such a call may be made. It does not require a vote, and when the Chair discovers that the
agenda has not been followed, the Chair simply
reminds the body to return to the agenda item properly
before them. If the Chair fails to do so, the Chair's
determination may be appealed.
Withdraw a motion. During debate and discussion of a
motion, the maker of the motion on the floor, at any
time, may interrupt a speaker to withdraw his or her
motion from the floor. The motion is immediately
deemed withdrawn, although the Chair may ask the
person who seconded the motion if he or she wishes to
make the motion, and any other member may make
the motion if properly recognized.
Special Notes About Public Input
The rules outlined above will help make meetings
very public-friendly. But in addition, and particularly for the Chair, it is wise to remember three special
rules that apply to each agenda item:
Rule One: Tell the public what the body will be doing.
Rule Two: Keep the public informed while the body is
doing it.
Rule Three: When the body has acted, tell the public
what the body did.
About the Author
Dave Rosenberg is a Yolo Superior Court Judge.
Formerly, he served over 20 years in local
government, including 12 years on the Davis City
Council (with two terms as Mayor) and 7 years on the
Yolo County Board of Supervisors (with two terms as
Chairman of the Board). He has been Chairman or
presiding officer of numerous boards, commissions
and organizations, spanning over three decades
including the California State Lottery Commission,
the California State Victim Compensation and
Government Claims Board (formerly known as the
Board of Control), the Yolo County Economic
Development Commission, the Yolo County Criminal
Justice Cabinet, the Davis Odd Fellows Lodge, and
others. He currently serves as Presiding Judge of the
Yolo Superior Court. Rosenberg has taught workshops
on "Rosenberg's Rules of Order" for over a decade, to
county supervisors, mayors, city council members and
others. His "Rosenberg's Rules of Order" have been
adopted by numerous cities and other jurisdictions and
organizations throughout California.
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8.2 COMMITMENT TO OPEN &
TRANSPARENT GOVERNMENT
Adopted August 6, 2012
PURPOSE
The purpose of this policy is to reaffirm the City’s
commitment to open government and transparency, by
continuing to comply with all the provisions in the
Ralph M. Brown Act (the Brown Act).
BACKGROUND
On June 27, 2012 AB 1464 was signed into law and
contains a schedule of state mandates that were
suspended during the 2012-2013 budget year,
including the Brown Act. The same day, Senate Bill
1006, amended Section 17581 of the Government
Code by adding the following language: “All statemandated local programs suspended in the Budget Act for the 2012–13 fiscal year shall also be suspended in
the 2013–14 and 2014–15.” The suspension will
therefore last 3 years. It is believed that the suspension of the State mandates for a three year period is a result of the State’s dire fiscal condition.
The portions of the Brown Act that were suspended
include:
• The preparation and posting at least 72 hours
before a regular meeting of an agenda that
contains a brief general description of each
item of business to be transacted or discussed
at the meeting.
• Inclusion on the agenda of a brief general
description of all items to be discussed in
closed session.
• Disclosure of each item to be discussed in
closed session in an open meeting, prior to
any closed session.
• Report in open session prior to adjournment
on the actions and votes taken in closed
session regarding certain subject matters.
• Provide copies to the public of certain closed
session documents.
On July 18, 2012, the League of California Cities
Board of Directors adopted a Resolution urging all
cities to adopt a policy statement pledging continued
compliance with the Brown Act.
POLICY
SECTION 1. The City Council of the City of
Fortuna, its appointed Committees, City
Boards and Commissions, and other City
government entities that are currently required
to comply with the Brown Act are directed to
continue to so, regardless of the suspension of
related mandates by the State of California.
SECTION 2. The City Council of the City of
Fortuna reaffirms its commitment to maintain
compliance with the Brown Act to ensure the
actions of City government are open and
transparent and to continually and faithfully
comply with all of the requirements of the
Brown Act during this three year suspension
and into the future.
SECTION 3. The City of Fortuna’s voluntary
compliance with the suspended provisions of
the Brown Act shall not be construed to grant
any rights or remedies related to any claim of
non-compliance with suspended provisions of
the Brown Act.
The foregoing City Council Policy was approved
through the adoption of Resolution 2012-41 on
August 6, 2012
___________/s/_______________
Douglas Strehl,
Mayor, City of Fortuna
ATTEST:
__________/s/________________
Linda Jensen, CMC
City Clerk, City of Fortuna
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Heather Leigh Stevens, Parks and Recreation Director THROUGH: Amy Nilsen, City Manager
SUBJECT: Adopt City of Fortuna Draft Field Use Policy and Local Non-Profit Youth Based League Rental Fees
STAFF RECOMMENDATION:
Review, provide feedback, direction and consider adopting the City of Fortuna Draft Field Use Policy and Local Non-Profit Youth Based League Rental Fees.
BACKGROUND:
The City of Fortuna Parks and Recreation Department maintains and manages 12 hardball, softball and soccer athletic fields at both Rohner and Newburg Parks. The fields are rented to the community in accordance with the City’s Field Use Policy and Parks Field Fee Schedule located in the Annual Operating Budget for Fiscal Year 2024-2025. As part of the Fiscal Year 2024-25 budget process, the City Council directed the Parks and Recreation Director to develop Field Use Memorandums of Understandings (MOUs) with user groups, as well as charge appropriate fees.
Historically, five (5) local non-profit youth based user groups have partnered with the City to provide youth leagues and utilize the fields for seasonal league play. These groups include:
Fortuna Union High School District (FUHSD), Eel River Valley Little League (ERVLL), Eel River Valley Youth Soccer League (ERVYSL), Humboldt American Legion Baseball (AL), and Humboldt Girl’s Fastpitch Softball Association (HSA). Even though the City’s rental rates are among the lowest in Humboldt County, the fees remain out of reach for leagues who utilize the fields on a regular on-going basis for seasonal play. The fees have traditionally been waived for non-profit youth based league user groups.
Over the past year, Parks and Recreation has met and worked with user groups to develop a plan to help ensure user groups’ continued success and address the growing financial demands on the City. The City values partnerships with local non-profit user groups to provide much utilized and beneficial leagues to youth and families in our community. Considering growing demand for field use, Measure P’s failure, aging infrastructure, increased vandalism, general economic downturn and skyrocketing inflation rates Parks and Recreation fees can no longer be waived, as recognized by the City Council during budget development for fiscal year 2024-
25. In order to preserve the safety and maintenance standards for fields and facilities rental fees for users need to be established and upheld.
Developing individualized MOUs as directed by the City Council is not common practice across cities. Cities typically use a field use policy/rental agreement to ensure consistent and equitable treatment for all user groups. Therefore, Parks & Recreation recommends a Field Business Item 5d
Business Item 5d
Use Policy and Fee Schedule with the addition of a Local Non-Profit Youth Based League Rental Fee. The nominal $20 fee per player would be assessed to each League meeting the outlined criteria with priority given to current city partners. The rental fee is based on the total number of Eel River Valley league participants for the league’s season. (Example: 300 league players x $20 fee = $6,000 rental fee). In addition, to fairly assess user fees for local non-profit youth based leagues, the following factors will be considered: facility exchange through Joint Use Agreement and services provided in lieu of rental fees.
FUHSD has an on-going Joint Use Agreement with the City of Fortuna. The City utilizes FUHSD facilities for Adult Basketball League. In exchange, the city provides use of our fields for FUHSD youth athletic programs. It is recommended that the Joint Use Agreement continue to serve in place of rental fees.
ERVLL has a longstanding tradition of partnership with the City of Fortuna. The league upgrades and maintains several fields at Rohner Park. Plans are in the works to partner in refurbishing and upgrading Bartow Field in the near future. Services in lieu of rental fees should continue to be considered.
American Legion, ERVYSL and HSA utilize the fields for seasonal league play but do not, currently, provide significant in lieu services, an exchange of facilities, or pay fees. It is recommended that the Local Non-Profit Youth Based League Rental fee be applied uniformly to these groups.
The 2024-2025 Annual Operating Budget for field operation is $438,042. Actual expenses for July – November 2024 are $170,369.38. The projected annual revenue for the proposed NonProfit Youth Based League Rental Fee revenue is $30,000. This projected revenue is 7.34% of the city’s expenses. The largest field expenses are Parks Personnel and Utilities. The Expense Breakdown Table further outlines Personnel, Water and Electric expenses. These expenses are scheduled to increase in the coming year. Additionally, this cost analysis does not include Parks and Recreation Office Personnel to manage field calendars and scheduling, rental contracts and requirements, transactions and public contact regarding weather and field condition closures.
Business Item 5d
In addition, Parks and Recreation staff have reviewed field rental rates for the cities of Arcata, McKinleyville, and Eureka. Those rates and a comparison of Fortuna’s potential future rate is below.
COMPARABLE Humboldt County Field Rental
Rates 20% Non-Profit Fee Reduction included.
Arcata youth hourly rate $ 34.00
Light Fee hourly rate $ 33.00
McKinleyville youth hourly rate $ 16.00
Eureka youth hourly rate $ 22.00
Light Fee hourly rate $ 40.00
NEW PROPOSED FEE ADDITION
Local Non-Profit Youth Based League Rental
Defined as organizations with legal non-profit status, whose primary function is serving youth 17 years and under, and that have a majority of participants residing within the Fortuna City limits. Fees will be applied to league players residing in the Eel River Valley, inclusive of Hydesville, Carlotta, Loleta, Ferndale, Fortuna, Scotia, Rio Dell, Bridgeville, Petrolia, and Alton.
Deposit Required per Field $ 250.00
Youth Use Fee, per player $ 20.00
Light Box Key (Not Available on all Fields), per
season $ 500.00
Parks Staff Assistance Actual Labor Cost
Improper Fryer Oil Disposal $ 500.00
Following the December 9th Parks and Recreation Commission meeting discussion and a followup Special Meeting on January 6th , the Parks and Recreation Commission voted unanimously to recommend adoption of the Field Use Agreement and Non-Profit Youth Based League Rental Fee Schedule to City Council. There is a strong tradition of shared values, matched efforts, dedication to youth and passion for field play between the Parks and Recreation Department and Non-Profit Youth Based Leagues. It is the intention of the proposed Field Use Policy and Non-Profit Youth Based League Rental Fee addition to honor and build on shared values, as well as, ensure safe well-maintained fields along with enriching programs for our community. The rental rates need to continue to be evaluated annually to ensure that the city is able to meet maintenance and on-going operational needs related to field condition and upkeep.
FISCAL IMPACT:
During the Fiscal Year (FY) 2024-25 fee schedule and budget adoption process the City Council was presented with and approved language related to the removal of exempt events/users from the fee schedule. As part of this change, language was added to the fee schedule that existing user groups that were previously exempt would come before Council for approval of individual user group MOUs. The budget included approximately $55,000 in new revenue specifically related to those MOUs and the deletion of exempt events/users that were previously listed in the fee schedule.
To date no revenue has been recognized. The establishment of these MOUs will bring the City closer to the $55,000 in revenue included in the budget for this fiscal year and future fiscal years.
If the Field Use Policy and Fee Schedule proposed today is not approved, the $55,000 in revenue that was included in the FY 24-25 budget would not be realized and in order to balance the Business Item 5d
Business Item 5d
budget the City may need to pull the $55,000 from reserves in order to pay for the expenses those revenues support.
RECOMMENDED COUNCIL ACTION:
1. Receive staff report and review questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to adopt Field Use Agreement and Non-Profit Youth Based League Rental Fee Schedule.
ATTACHMENTS:
• Draft Field Use Policy
• Draft Field Use Fee Schedule
• General Fund Parks Maintenance (Annual Operating Budget Fiscal Year 2024-2025) 1 CITY OF FORTUNA Field Use Policy
CITY OF FORTUNA POLICIES & PROCEDURES
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1. PURPOSE
The City of Fortuna (“City”) Field Use Policy (and the procedures adopted hereunder) has been established to ensure that City-owned, -maintained and –managed park and athletic field facilities, are utilized for recreational, athletic, cultural, educational, social and community service functions that meet the needs and interests of the community, and that permitted Users (“Users”) are fully informed as to the City’s guidelines that govern their use of the park and athletic field facilities. • To establish policies and procedures governing the use of City parks, fields, basketball courts, pickle ball courts, bocce ball courts, horseshoe pits, concession stands and other related storage facilities located on City property and managed by the City. • To collect fees for the use of fields, in support of their ongoing maintenance. • To ensure that decisions regarding the use of City parks, athletic complexes and facilities therein are used in the best interests of the neighborhoods, sports organizations and residents of Fortuna.
• To ensure that appropriate sports are permitted on appropriate fields. • To ensure user groups have a mutual interest with the City in accomplishing the following goals:
1. Toprovide wholesome, high-quality sports programming for youth and promote philosophies of everyone plays, balanced teams, open registration, positive coaching, player development and good sportsmanship.
2. To provide first-class programs to meet the recreational needs of the community;
3. To ensure that children and adults of all economic levels are provided with the opportunity to enjoy and have access to athletic programs and proper facilities; and
4. To ensure that the community’s parks and recreation programs are operated in the most responsible, cost-effective, and efficient manner possible. • The City reserves the right not to issue authorization for reservation approval or revoke authorization for reservations of Users that have demonstrated refusal to comply with these policies.
2 CITY OF FORTUNA Field Use Policy
CITY OF FORTUNA POLICIES & PROCEDURES
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2. GENERAL POLICY
Facility Scheduling
All applicants must pay a deposit at the time of application to reserve requested facilities. All remaining event requirements and estimated fees are due and payable 45 days prior to the scheduled event. Users are responsible for all fees and expenses actually incurred by the City for the event, including additional cleanup or repairs required to restore all facilities utilized by the User to their original condition. Users are required to submit the following:
a) Field Rental Request Form (Available here on the City’s Parks and Recreation Webpage) including designated contact person and current and correct contact information; b) Any and all tryout, practice, competition and game schedules for the season; c) Signed City of Fortuna Field Use Policy;
d) Signed Fee Schedule for Use of Facilities;
e) Signed Waiver of Liability and all insurance requirements; f) For any special conditions or requests outside this policy, include a City and User signed “Attachment”; This attachment may include “in lieu” of fee contributions and agreements for storage sheds and outbuildings.
g) User shall send a liaison(s) to meet with the City at an agreed upon place and time for a pre-season training and facility orientation with City staff.
All Users are required to notify the Parks and Recreation Office of any changes in the above listed information at least 10 days prior to use and subject to approval.
Insurance Requirements
Hold Harmless
All Users must sign a waiver of liability agreeing to hold harmless, defend and indemnify City and its officers, officials, employees, and volunteers from and against any and all liability, loss, damage, expense, costs (including without limitation costs and fees of litigation) of every nature arising out of or in connection with User’s performance hereunder or its failure to comply with any of its obligations in this policy, except such loss or damage as was caused by the sole negligence or willful misconduct of City.
Liability Insurance
User shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the User, his agents, representatives, employees or subUsers. 3 CITY OF FORTUNA Field Use Policy
CITY OF FORTUNA POLICIES & PROCEDURES
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Minimum Scope of Insurance
Coverage shall be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001).
2. Workers’ Compensation insurance as applicable and required by the State of California and Employer’s Liability Insurance.
Minimum Limits of Insurance
User shall maintain limits no less than:
General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City, its officers, officials, employees and volunteers; or the User shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the User; and with respect to liability arising out of work or operations performed by or on behalf of the User including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured or in any case where an agreement to indemnify the additional insured 4 CITY OF FORTUNA Field Use Policy
CITY OF FORTUNA POLICIES & PROCEDURES
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would be invalid under subsection b of Section 2782 of the Civil Code. General liability coverage can be provided in the form of an endorsement to the User’s insurance, or as a separate owner’s policy.
2. For any claims related to facility use, the User’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the User’s insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City.
Verification of Coverage
User shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements shall be signed by an authorized representative of the issuing insurer. The endorsements or policies shall conform to the City’s requirements. All certificates and endorsements are to be received and approved by the City before use commences.
The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.
Failure to maintain the required insurance shall result in the immediate cancellation of scheduled facility use.
Park and Field Use in Rohner and Newburg Parks
User Shall:
1. Obtain City’s approval in writing prior to making any modifications or improvements to any City facilities.
2. Obtain Parks and Recreation Department approval prior to mowing any field during wet season(s).
3. User shall not replace worn base plates and anchors. User shall purchase replacement base plates and provide to City staff for installation.
4. Store all anchor plugs and re-install upon completion of season. User shall incur the cost to replace lost plugs.
5 CITY OF FORTUNA Field Use Policy
CITY OF FORTUNA POLICIES & PROCEDURES
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5. Dump grass clippings from the Conroy Field by the creek in the Carson Woods parking lot. Dump grass clippings from the Shelton Field, by the red curb at the entrance of Newburg Park. Dump grass clippings from Berti Field in the first two parking spots next to the equipment gate in Newburg Park.
6. Ensure trash is removed from dugouts, bleachers and picnic tables.
7. Return field maintenance equipment and gear to the correct shop or shed (red rock dragging devices, tools, fire hoses, etc.) and remove from public spaces.
8. Only use small equipment (side-by-side, four wheelers and tractors) when dragging red rock. Pick-up trucks ARE NOT permitted for use. Red rock tailings shall not be removed off the turf and shall be evenly dispersed back onto the field by User.
9. Maintain, line, and chalk red rock portion of infield area for practices and games. User shall be financially responsible for all supplies and materials associated with the maintenance and upkeep of the infield.
10. Prohibit pepper or soft tosses against any City’s fences with any type of equipment other than whiffle balls.
11. Arrange with City the week prior for weekend access to facilities before 8:00 am or after 4:00 pm on any weekend.
12. Contact City staff immediately at 707-362-5201, if restrooms or garbage cans are in need of maintenance.
Concession Stands in Rohner and Newburg Parks
User Shall:
3. Have full and unrestricted access to the concession stand, announcer’s booth, and storage shed during the period of time indicated on User’s Field Rental Request Form.
4. Keep the concession stands, and immediate outside eating areas in a clean and sanitary condition at all times.
5. Ensure the concession stands are clean at the end of season within one week. (7-days) Cleaning maintenance includes but is not limited to; cleaning dirty dishes, putting food items away, cleaning floors and informing the City of fryer oil. Additional fees will be charged if User does not dispose of fryer oil properly. Please review “Proper Oil Handling/Disposal” flyer provided by Parks and Recreation Department staff. 6 CITY OF FORTUNA Field Use Policy
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6. Receive prior permission from the City prior to sub-User’s use of the Newburg Park concession stand. This includes, but is not limited to volunteer work parties. All sub-Users must provide their own insurance and pay the monthly fees for use of the building. The City has the right to refuse use of the building to any other User group or sub-User.
7. Not modify any building, facility or property without prior written consent of City. Any authorized modifications to any building, facility or property by User or City shall become the property of the City. All fixtures shall become property of the City. Portable equipment and supply items are not considered modifications for the purposes of the policy.
8. Not allow minors under the age of 16 to operate any field machinery.
9. Shall have an adult (18 or older) present in concession stands when using hot oil.
To ensure a high-quality experience for all User’s the City will provide the following services:
1. Access and check field conditions as needed based on weather conditions. User may be notified up to the day of event if fields are too wet for use. City retains the right to refuse use of fields based on conditions.
2. Provide adequate restroom facilities. Clean, check, stock and maintain restrooms twice daily at or around the times of 8:30 am and 3:30 pm. City will notify User if additional portable toilets are required and shall be the responsibility of the User.
3. Respond as soon as practicable to request by User for maintenance to restrooms and garbage cans.
4. Maintain and repair the irrigation system when necessary. Additional fees will be applied upon request for increased water use (for green grass).
5. Provide water, electricity and garbage services, unless otherwise stated in Attachments. All other utilities, including propane, are the responsibility of User.
6. Provide User with adequate bleachers and seating area for players and attendees.
7. Notify User of deficiencies of maintenance or upkeep of facilities in writing, and if after receipt of such written notice, User has not immediately instigated measures to 7 CITY OF FORTUNA Field Use Policy
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remedy the unsatisfactory conditions, City may cause to have the necessary maintenance and/or cleaning services provided by others and the cost thereof shall be the responsibility of the User.
The City reserves the right to terminate and cancel this agreement in its entirety an all rights ensuing there from is any one of the following shall occur:
a. Failure of User to duly and punctually pay fees and charges or to make any other payments required hereunder when due to City.
b. Failure of User to maintain the improvements, equipment and facilities in good condition and repair after service of a written notice to correct the condition objected to.
c. The happening of any act which results in the suspension or revocation of any licenses or permits necessary for the conduct and operation of the concession stand as herein authorized.
d. The transfer of the interest of the User under this agreement by operation of law, or otherwise, to any other person, firm or corporation.
e. Any substantial change in the ownership or proprietorship of User which, in the opinion of the City, is not in the best interests of City or the public. f. Failure of User to keep, perform and observe each and every promise, covenant, and agreement set forth in the Agreement on their part to be kept, performed or observed.
Sub-Users
User shall include all sub-Users as insured’s under its policies or shall furnish separate certificates and endorsements for each sub-User. All coverages for sub-Users shall be subject to all of the requirements stated herein.
In Lieu
City reserves the right to consider the donation of time, labor, or materials in lieu of cash payment for user fees.
Equipment
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User shall supply and maintain all equipment and supplies needed to carry out the terms and conditions of this policy. All supplies and equipment shall be moved to the assigned storage container on a daily basis immediately following use. Any equipment or supplies remaining at the concession stand twenty (20) days after termination of this Agreement shall become the property of City.
Facility Usage Fees
All Users will be responsible for payment of assigned fees prior to the start of their event/season.
Fees shall be outlined by attached City and User signed “Fee Schedule”.
Employee Assistance
All users will be required to pay per hour for usage when City Employees are needed to assist with an activity. The fees will be determined based on the actual labor cost. An invoice for usage will be sent at the end of the season and the balance due is payable within 30 days of date of invoice.
Facility Keys
When applicable, keys will be provided to the storage buildings, restrooms, lights and gates. A maximum of three (3) keys will be issued for a facility. The City reserves the right to re-key all and any City facilities.
Unauthorized duplication of keys will result in the immediate revocation of current and future use.
All keys issued for seasonal facility use shall be returned within five (5) business days of the conclusion of the season. In the event access to facilities is required after the schedule seasonal use has ended, contact the Park Office to arrange entrance to the facility.
The City shall be notified immediately in the event of lost or stolen key. The City will immediately rekey the facility and the responsible Users will be invoiced for the cost of the rekeying. The amount will be due within thirty (30) days of the invoice.
Vandalism
Users with access to facilities are required to ensure all doors, windows, or any other point of entry are secured prior to leaving the building. Failure to do so may result in the City assessing the costs of vandalism repairs to the Users or revocation of use. 9 CITY OF FORTUNA Field Use Policy
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In the event of vandalism to City facilities, the City will conduct an investigation and if it determines that the Users failed to properly secure the building, the City may assess the costs of vandalism repairs to the user or revoke use of City facilities.
The City will not be responsible for replacing supplies or equipment or repairing any equipment that is not owned by the City.
General Regulations
Facilities will be closed during storms and other inclement weather watches or warnings at the discretion of the Parks and Recreation Department Staff on duty. The facility will not open if such conditions are present.
The Parks and Recreation Director or their agent reserves the right to terminate any tryout, practice or meet or revoke authorization for facility use if the User or any other group is in violation of any written policies and usage rules.
Request for Refunds
Appeal Process
All applicants and Users shall follow this appeal process:
a) Appeals from decisions made by the Parks and Recreation Director or agents shall be made to the City Parks and Recreation Commission, in writing. b) The appeal shall be placed on the next available Parks and Recreation Commission meeting agenda.
c) The decision of Parks & Recreation Commission is final and will be communicated within fourteen (14) days.
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CHECKLIST FOR SPORTS ASSOCIATIONS USE OF ATHLETIC FACILITIES □Facility Rental Agreement submitted 45 days prior to planned use and includes correct and current contact and relevant contact information;
□ Application dates span no more than one season, six months’ duration (i.e., Winter, Spring, Summer, Fall, Jan-June or July-Dec.) or one year;
□ Any and all tryout, practice, competition and game schedules for the season submitted with your signed Field Use Policy;
□ The City of Fortuna is named as an additional insured on the certificate of insurance; □ Copies of certifications for concession vending, insurance certificates and any endorsements □Signed City of Fortuna Field Use Policy
□Signed Fee Schedule for Use of Facilities
□Signed waiver of liability
□ Any special conditions or requests outside this policy, included here as an “Attachment”; □ Keys issued.
_________________________________________ _______________________ Signature of Parks and Recreation Director Date
_________________________________________ ________________________ Signature of User Representative Date
FEE DESCRIPTION FEE
D. Softball/Hardball/Soccer
Adult league field reservation fee, per hour $ 15.00 Adult Softball Game Use Fee
Without lights, per hour $ 20.00 With lights, per hour $ 25.00 Deposit Required $ 250.00 Softball/Hardball Tournaments
No prep, per field/day $ 125.00 Deposit Required $ 250.00 Youth League Field Reservation fee, per hour $ 15.00 Youth League Field Game fee, per day $ 100.00 Adult Soccer
Without lights, per hour $ 20.00 With lights, per hour $ 25.00 Deposit Required $ 250.00 Newburg Consession Stand
full day use $ 80.00 half day use (4 hours max) $ 50.00 Deposit Required $ 250.00
NEW PROPOSED FEE ADDITION
Local Non‐Profit Youth Based League Rental
Deposit Required per Field $ 250.00 Youth Use Fee, per player $ 20.00 Light Box Key (Not Available on all Fields), per season $ 500.00 Parks Staff Assistance Actual Labor Cost
Improper Fryer Oil Disposal 500.00 $
COMPARABLE Humboldt County Field Rental Rates 20%
Non‐Profit Fee Reduction included.
Arcata youth hourly rate $ 34.00 Light Fee hourly rate $ 33.00 McKinleyville youth hourly rate $ 16.00 Eureka youth hourly rate $ 22.00 Light Fee hourly rate $ 40.00 PARKS FEE SCHEDULE (Annual Operating Budget Fiscal Year 2024‐2025 page 29) Defined as organizations with legal non‐profit status, whose primary function is serving youth 17 years and under, and that have a majority of participants residing within the Fortuna City limits. Fees will be applied to league players residing in the Eel River Valley, inclusive of Hydesville, Carlotta, Loleta, Ferndale, Fortuna, Scotia, Rio Dell, Bridgeville, Petrolia, and Alton.
Account Name
Fields (60%) YTD
(July-Nov)
Fields (60%)
Original Budget
100-5100-5450 Wages Full Time $63,667.02 $141,168.60
100-5165-5450 Wages Part Time $14,055.73 $41,324.40
100-5170-5450 Overtime Pay $137.56 $300.00
100-5180-5450 Vacation/Comp Time/Sick Leave Buyback $207.49 $1,500.00 100-5185-5450 Accrued Vacation/Sick Leave/Comp Time - - 100-5200-5450 Benefits $46,920.70 $110,479.00
TOTAL $124,988.51 $294,772.00
Account Name
Fields (60%) YTD
(July-Nov)
Fields (60%)
Original Budget
100-5505-5450 Vehicle Fuel & Oil $3,682.54 $6,300.00
100-5565-5450 Janitorial Supplies $5,641.31 $10,800.00
100-5705-5450 Equipment Maintenance $720.81 $1,440.00
100-5715-5450 Vehicle Repairs $1,384.00 $3,600.00
100-5720-5450 Equipment Repair $901.17 $3,000.00
100-5741-5450 Newburg Park Maintenance (100%) $734.12 $5,000.00 100-5745-5450 Vandalism Repair $832.83 $1,260.00
100-5750-5450 Weed Abatement $129.51 $180.00
100-5755-5450 Tree Trimming & Removal - $1,800.00
100-5900-5450 Tools & Small Equipment $496.70 $900.00
100-6035-5450 Personnel Services $812.26 $1,800.00
100-6205-5450 Cell Phones $1,338.57 $1,800.00
100-6720-5450 County Property Tax - $390.00
OPERATIONAL COSTS TOTAL (LESS WATER & ELECTRIC) $16,673.83 $38,270.00 100% YTD
(July-Nov) Original Budget
100-6500-5450 Newburg Park Utility - Water $14,506.18 $55,000.00 100-6505-5450 Newburg Park Utility - General & Electric $14,200.87 $50,000.00 OPERATIONAL COSTS TOTAL (WITH WATER & ELECTRIC) $45,380.88 $143,270.00 TOTAL EXPENSES $170,369.38 $438,042.00
PERSONNEL COSTS
GENERAL FUND PARKS MAINTENANCE
(ANNUAL OPERATING BUDGET FY 2024-2025, PAGE 57)
OPERATIONAL COSTS
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Casey J. Day, Chief of Police
THRU: Amy Nilsen, City Manager
SUBJECT: Appoint Retired CalPERS Annuitant as Extra Help, Part-time Reserve Police Officer for the Fortuna Police Department, Resolution 2025-01 STAFF RECOMMENDATION:
Staff recommends that City Council adopt Resolution 2025-01, and authorize the Fortuna Police Chief to hire Officer Alan Mendes, a retired CalPERS Retired Annuitant, to serve as a Reserve Police Officer for the City of Fortuna in order to provide as-needed law enforcement services. This appointment will support operational flexibility, curb staffing issues, reduce overtime costs, and maintain public safety standards.
EXECUTIVE SUMAMRY & BACKGROUND:
Mr. Mendes was selected as a candidate for a Reserve Officer position. This position will be utilized on an As-Needed basis and/or for special events. He is retired from the Humboldt County Sheriff’s Office, in which, along with the City of Fortuna, falls under the CalPERS retirement system. State and federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public employment retirement system from which they receive a benefit. These restrictions are intended to prevent the “double dipping” of a retiree receiving a monthly retirement benefit while also receiving a salary from regular employment within that same retirement system. Due to these restrictions, he is not able to fill a permanent police officer position.
However, due to staffing shortages, the City would benefit from hiring Mr. Mendes as a retired annuitant to fill a Reserve Police Officer position. According to Cal PERS retirement regulations, a retired employee returning to work for another CalPERS agency has stipulations where employees continuing beyond retirement cannot exceed 960 hours per fiscal year. The limitation of working 960 hours or less per fiscal year equates to about 18 hours per week of work. Mr.
Mendes would be working significantly less than 18 hours per week.
The Fortuna Police Department continues to experience staffing challenges and desires to balance the demands of public safety with budgetary constraints. Staffing shortages, unanticipated absences, special events, and increased service demands often result in a reliance on overtime to maintain minimum staffing levels. While the department has managed these challenges effectively, overtime utilization presents significant budgetary impacts and places additional strain on fulltime staff.
Business Item 5e
Business Item 5e
Reserve police officers provide an efficient and cost-effective solution, as they are highly trained and able to respond on an as-needed basis without requiring the full-time salary and benefits package of a regular officer. Mr. Mendes, a POST-certified candidate with prior law enforcement experience, has been identified as an ideal candidate and an excellent addition to our reserve force.
DISCUSSION:
Hiring Mr. Mendes as a Reserve Police Officer will allow the Department to:
1. Reduce Overtime Costs: A reserve officer can fill critical staffing gaps without incurring the higher expenses associated with overtime pay.
2. Enhance Operational Flexibility: By deploying Mr. Mendes on an as-needed basis, the Department can better respond to peak demand periods, such as community events, holiday patrols, or emergency situations.
3. Support Officer Wellness: The availability of a reserve officer will help alleviate the workload on full-time officers, reducing burnout and enhancing overall effectiveness.
Mr. Mendes possesses the qualifications, training, and commitment required to serve in this role.
His inclusion will bolster the department’s capacity to meet its mission of providing exceptional service to the Fortuna community while exercising fiscal responsibility.
FISCAL IMPACT:
The addition of a reserve officer is expected to result in cost savings by mitigating some of the overtime expenses. Reserve officers are compensated at an hourly rate, significantly lower than the overtime rate for full-time staff, providing a more sustainable financial model for addressing temporary staffing needs.
COMPENSATION RECOMMENDATION:
Mr. Mendes brings over 35 years of combined and diversified service to the Fortuna Police Department. Mr. Mendes has also served the Humboldt County Sheriff’s Office, Humboldt County Courts, Drug Task Force, Ferndale Police Department, and the Fortuna Volunteer Fire Department.
Based on Mr. Mendes education, training, and lengthy experience, staff recommends compensating Mr. Mendes at the top step hourly rate of $22.7659 per hour. Staff requests that Council authorize the City Manager and Police Chief to execute an extra ordinary step increase to top step based on his education, training, and experience.
CONCLUSION:
The Fortuna Police Department is committed to maintaining public safety while ensuring responsible use of taxpayer resources. The addition of Mr. Mendes as a Reserve Police Officer will provide immediate operational benefits, reduce overtime expenditures, and contribute to the Department’s overall efficiency.
RECOMMENDED COUNCIL ACTION:
1. Receive staff presentation and review Council questions with staff Business Item 5e
2. Open Public Comment
3. Close Public Comment
4. Motion to adopt Resolution 2025-01, and read by title only. Roll call vote.
ATTACHMENTS:
• Resolution 2025-01: A Resolution of the City Council of the City of Fortuna Appointing Retired Annuitant Alan Mendes as a Reserve Officer for the Fortuna Police Department • A Guide to CalPERS Employment After Retirement
RESOLUTION NUMBER 2025-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA APPOINTING RETIRED ANNUITANT ALAN MENDES,
AS AN EXTRA HELP, PART-TIME RESERVE POLICE OFFICER
FOR THE FORTUNA POLICE DEPARTMENT
WHEREAS, Government (Gov.) Code section 7522.56, 21224, 21227, and 21229 of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to an extra help position requiring specialized skills of limited duration or employment is needed during an emergency, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, theCity of Fortuna and Officer Alan Mendes certify that Officer Alan Mendes has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties; and WHEREAS, the maximum hourly compensation for this position is $22.7659 per hour; and WHEREAS, the hourly rate paid to Alan Mendes will be $22.7659; and WHEREAS, Alan Mendes has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fortuna hereby certifies the nature of the employment of Officer Alan Mendes for extra help and that this appointment is necessary to curb the City’s overtime costs and assist with staffing shortages.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 3rd day of February 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Mike Johnson, Mayor
ATTEST:
Siana Emmons, City Clerk
A Guide to CalPERS
Employment After
Retirement
learn consider decide
Working After Retirement?
Know the Rules
If you are planning to supplement your CalPERS pension by working after retirement, you need to know there are specific laws governing the type, timing, and amount of work you can accept without affecting your pension.
You should fully understand the rules surrounding employment after retirement and the consequences of unlawful employment.
This publication is designed to help you navigate those rules and help you avoid these potential pitfalls:
• Termination of your monthly CalPERS retirement allowance • Reinstatement from retirement
• Repayment of retirement benefits already received
• Payment of retroactive retirement contributions and interest • Loss of cost-of-living increases
• Loss of golden handshake benefits
This publication also provides information about working for a CalPERS employer as an independent contractor, contract employee, or through a third-party employer, such as a temp agency. Additional CalPERS publications referenced within can be obtained on our website at www.calpers.ca.gov or by calling us at 888 CalPERS (or 888-225-7377).
Contents
Introduction . . . . . . . . . . . . . . . 2
Post-Retirement Employment Scenarios . . . . . 5
Retired Annuitant Rules . . . . . . . . . . . 7
Independent Contractor Employment . . . . . 12
Disability Retirees – Additional Requirements
and Restrictions . . . . . . . . . . . . . 14
How to Contact Us . . . . . . . . . . . . 18
Visit Your Nearest CalPERS Regional Office . . . 19
Privacy Notice . . . . . . . . . . . . . 20
2 Introduction
Terms and Definitions
The following table lists key terms and definitions used in this publication .
Term Definition
Reinstatement Returning from retirement status to active employment with a CalPERS employer . Your retirement allowance is terminated until you re-retire in the future . You and your employer also resume making retirement contributions, and you earn service credit .
CalPERS Retiree An employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance .
Retired Annuitant A CalPERS retiree working as an at-will employee for a CalPERS employer without reinstating from retirement .
Termination of Retirement The cancellation of your monthly retirement allowance .
Unlawful Employment Retiree employment found to be in violation of the retirement law and regulations .
Partial Service Retirement
An alternative to service retirement and working
as a retired annuitant is partial service retirement .
This benefit is available to full-time state
miscellaneous, full-time state industrial, and
full-time public agency employees whose employer
contracts for this benefit . Partial service retirees are not subject to the working after retirement rules .
The benefit works this way: With employer
approval, an employee who meets the eligibility
requirements can reduce his or her work time by
at least 20% but not more than 60% and receive
a retirement allowance for the balance .
For more information about partial service
retirement, contact your employer and ask if they
contract for this benefit and see A Guide to Your
CalPERS Partial Service Retirement (PUB 14) .
Volunteering for a CalPERS Employer
After Retirement
You may serve as a volunteer for a CalPERS
employer after your retirement . Service as a bona
fide volunteer is not subject to retired annuitant
restrictions . However, you may not volunteer
in a position that is normally compensated,
and you may not volunteer in order to avoid
retired annuitant restrictions . Service that is
not in a bona fide volunteer position will have
to comply with retired annuitant restrictions .
3 Before You Retire
1. Apply for Retirement and Select a Retirement Date
Separation from employment alone is not considered
retirement—you must submit a retirement
application to CalPERS to complete the retirement
process . You must stop working in all CalPERScovered employment, including all full-time and part-time positions and any elected or appointed
offices for which you have CalPERS membership .
Please consider employment that you may be
working in as noncontributory . If you cease working
in a full-time position, noncontributory part-time
positions will become contributory if you do not
separate from them prior to retirement .
It is your responsibility to inform every CalPERS
employer of your planned retirement date so that
each employer can submit permanent separation
information on your behalf . Your retirement date
can be no earlier than the day after your last day
on payroll with any CalPERS employer .
2. Determine your “Normal Retirement Age”
You will want to know how we define “normal
retirement age” if you intend on working for a
CalPERS employer after retirement; this age
determines if you will be subject to the bona fide
separation requirement . Federal tax law and
California retirement law require a retiring member
who is younger than normal retirement age on his
or her retirement date to meet a bona fide separation
in service before working after retirement for a
CalPERS employer .
Normal retirement age for CalPERS purposes is
the age listed in your retirement benefit formula,
for example, age 55 for the 2% at 55 formula or
age 62 for the 2% at 62 formula . However, maximum
normal service retirement age is never greater than
62, even for the 1 .25% at 65 formula .
If your retirement allowance is based on more than
one formula, regardless of when that formula was
earned, the oldest benefit formula age determines
your normal retirement age . If you are younger than
the age in that formula on your retirement date,
please refer to the “Bona Fide Separation in Service
Requirement” section on page 8 .
To determine your normal retirement age, please
access your myCalPERS account through our
website . Your normal retirement age is listed on
the home page . You can also refer to your CalPERS
Annual Member Statement or contact CalPERS .
To view your most recent Annual Member
Statement, log in to your myCalPERS
account at my.calpers.ca.gov .
Restrictions on Post-Retirement
Employment
State and federal laws provide specific employment
restrictions for retirees who return to work with an
employer in the same public retirement system from
which they receive a benefit .
These restrictions are intended to prevent the
“double-dipping” of a retiree receiving a monthly
CalPERS retirement benefit while also receiving a
salary from permanent or regular staff employment
with a CalPERS employer . Retirees may work in
retired annuitant positions only . See “Retired
Annuitant Rules” beginning on page 7 . Disability
retirees are subject to additional requirements and
restrictions . Also see “Disability Retirees – Additional Requirements and Restrictions” beginning on
page 14 .
Introduction (continued)
4 When applying for employment with any employer,
it is your responsibility to:
• Ask if the employer contracts with CalPERS for
retirement benefits .
• Inform the employer you are a CalPERS retiree
(receiving a retirement benefit from CalPERS) and
specify the type of retirement, whether service,
disability, or industrial disability .
• Apply for retired annuitant positions only .
Disability retirees may work in a permanent
position upon receipt of CalPERS’ written preapproval . See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement”
beginning on page 15 .
You and the employer are responsible
for ensuring your employment complies
with the retirement law when hired
and during the entire course of your
employment . Violating these laws and
restrictions could financially impact you,
so it is advised that you be aware of these
laws and ensure you are in compliance .
Termination of Retirement
(Reinstatement From Retirement)
Due to Unlawful Employment
Any retiree employment found to be
in violation of the retirement laws and
regulations is unlawful employment . If
you are found to be employed in unlawful
employment, you will be financially impacted
due to the violation . This could result in your
reinstatement from retirement, retroactive
to the date the unlawful employment began .
If reinstated, your retirement allowance (pension
payments) will stop and you will be required to
reimburse CalPERS the amount of retirement
allowance you received during the period of
unlawful employment . In addition, you will pay
your employer the member contributions plus
interest owed retroactive to your reinstatement
date . The employer who unlawfully employed
you will submit your member contributions
and pay employer contributions plus interest
owed retroactive to your reinstatement date .
When you re-retire, please be aware that your
new retirement may not include the same
benefits you had with your previous retirement .
Reinstatement may result in a loss of medical
coverage and adversely affect other benefits from
your prior retirement, such as a golden handshake or
reciprocity, if another system’s final compensation
was used to calculate your CalPERS allowance .
For information about voluntary reinstatement from
retirement into active employment, review A Guide
to CalPERS Reinstatement From Retirement (PUB 37) .
Introduction (continued)
5 Post-Retirement Employment Scenarios
Private Sector Employment
If you are a service retiree, you can work for a
private industry employer not associated with any
CalPERS employer without restrictions and continue
to receive your CalPERS retirement allowance .
If you are a disability retiree, there are restrictions on the work you can do for a private industry
employer . If you retired on a disability or
industrial disability, be sure to review the
“Disability Retirees – Additional Requirements
and Restrictions” section beginning on page 14 .
If you are either a service retiree or a disability
retiree, and you want to work for a private sector
employer who provides a service to a CalPERS
employer, please see the section on “Independent
Contractor Employment” beginning on page 12 .
Employment in Other Public
Retirement Systems
If you are a service retiree, you can work
without restrictions in a position that qualifies
for membership in any other public retirement
system without terminating your CalPERS
retirement and continue to receive your CalPERS
allowance . This includes certificated (teaching)
positions covered by the California State
Teachers’ Retirement System (CalSTRS) .
If you are a disability retiree, there are restrictions on working for an employer in a different
public retirement system . See the section on
“Disability Retirees – Additional Requirements
and Restrictions” beginning on page 14 .
CalPERS/CalSTRS Election
The retirement system election to elect coverage
under CalSTRS for a CalPERS-covered position or
CalPERS for a CalSTRS-covered position under
Government Code section 20309 only applies
to active members . Retirees are ineligible for
this election .
Employment in JRS II
For information about employment in positions that
qualify for membership in the Judges’ Retirement
System II, please call (916) 795-3688 .
Working for a CalPERS Employer
If your post-retirement plans include working
for a CalPERS employer, you have these options:
reinstating from retirement, working as an
independent contractor, or retired annuitant
employment . Disability retirees have another option,
which is to work in a permanent position under
Government Code section 21232 . If you retired on a
disability or industrial disability, there are additional restrictions on the work you can do while retired .
Please review the “Disability Retirees – Additional
Requirements and Restrictions” section beginning
on page 14 for information on that option .
Voluntary Reinstatement From Retirement
You should only apply for and accept a regular
staff position with a CalPERS employer if you are
voluntarily reinstating from retirement, and you and
the employer have completed the Reinstatement
From Service Retirement Application form or the
Reinstatement From Disability/Industrial Disability
Retirement Application form . For more information
about voluntary reinstatement from retirement
into active employment, review A Guide to CalPERS
Reinstatement From Retirement (PUB 37) .
6 Independent Contractor Employment
You can be lawfully employed by a CalPERS employer
as an “independent contractor” or as an “employee
of a third-party employer,” including your own
business entity, if there is no common law employeremployee relationship between you and the CalPERS employer . Please see the section on “Independent
Contractor Employment” beginning on page 12 .
Retired Annuitant Employment
A retired annuitant is a CalPERS retiree who works
as an at-will employee of a CalPERS employer with
certain restrictions to avoid jeopardizing his or
her retirement allowance (pension payments) .
As a retired annuitant, you do not accrue service
credit or otherwise acquire any additional retirement
benefits from the employment . If you intend to
remain retired and work for a CalPERS employer,
you should only apply for and accept a retired
annuitant position . Appointment to any permanent
or regular staff position (part or full time,
intermittent, hourly, seasonal, on call, exempt
from civil service, exempt from membership, etc .)
requires reinstatement from retirement . This
applies to all CalPERS member classifications
(miscellaneous, safety, police, fire, etc .) .
Post-Retirement Employment Scenarios (continued)
7 Retired Annuitant Rules
There are two types of retired annuitant
employment: “extra help” and interim (or acting)
“vacant position” employment .
Extra Help Positions
The retired annuitant employment restrictions for
extra help positions are authorized by Government
Code sections 7522 .56, 21224, 21227, and 21229 . All
CalPERS-covered employers are able to use retirees
to fill in for extra help positions . However, your
employment must meet the following restrictions:
• Limited-Duration Work
You have skills needed to perform work of limited
duration or your employment is needed during an
emergency (such as floods, earthquakes, etc .) to
prevent stoppage of public business . While these
workloads may last more than one fiscal year, the
employment should terminate when the limitedduration work you were hired to perform is completed . Examples of work of limited duration
are work to eliminate a backlog, work on a special
project, and work that is in excess of what regular
staff can do . You cannot be employed in any
regular staff position such as “seasonal,”
“permanent intermittent,” “exempt from civil
service,” “exempt from membership,” “TAU,” or
any other “temporary” position other than a retired
annuitant position .
• Compensation
The hourly pay rate you receive cannot be less
than the minimum or exceed the maximum paid
to other employees performing comparable duties
as listed in the employer’s publicly available pay
schedule . Also, you cannot receive any benefit,
incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay
rate . For example, longevity compensation, sick
leave, or vacation benefits cannot be provided to a
retired annuitant . The only exception would be if
the employee is being reimbursed dollar for dollar
for job-related expenses .
• 960-Hour Limit
The hours you work cannot exceed 960 hours in a
fiscal year (July 1 through June 30) for employment
with all CalPERS employers combined . There are
no exceptions to this limit. Your hours will reset
each July 1, and you can work another 960 hours
for the new fiscal year . Your employer must enroll
and report your hours to CalPERS, per Government
Code section 21220 . Your employer-reported
retired annuitant hours can be viewed in your
myCalPERS account . You are able to view your
total employer-reported hours from all employers
for the current fiscal year .
California State University (CSU) academic
staff retirees can work as retired annuitant
academic staff for CSU employers as
authorized by Government Code sections
7522 .56 and 21227 . However, the hours
worked for all CSU employers cannot exceed
960 hours in a fiscal year or 50% of the
hours employed during the last fiscal year
prior to retirement, whichever is less .
• Unemployment Insurance Payments
You cannot be appointed as a retired annuitant if
you received unemployment insurance payments
for prior retired annuitant work for any CalPERS
employer within 12 months prior to your
appointment date . Upon accepting employment,
you must certify in writing to the employer that
you comply with this requirement . See additional
information in the section “Unemployment
Insurance Payments” on page 9 .
8 Vacant Positions
A CalPERS-contracted public agency may appoint
you to an interim position by the governing body
of an employer, as authorized by Government Code
sections 7522 .56 and 21221(h) . The employment
must meet all the requirements on page 7 for
extra help positions and the following additional
requirements below . Examples of these positions
include city manager, police chief, fire chief,
individual department head, director, CEO, etc .
• Active Recruitment
Before you are hired, the employer must have
in place an active recruitment for a permanent
replacement for the vacant position .
• Limited-Duration Work
You can be hired only as an interim or acting
appointment during the period of recruitment;
you cannot work in a permanent capacity or for
an indefinite period of time .
• Single Appointment
You can be appointed only once to the vacant
position . If your contracted term ends and a
replacement has not been found, then you must
vacate the position . If you continue after your
contracted term expires, this is considered a
second appointment .
• Compensation
Your hourly pay rate cannot be less than the
minimum or exceed the maximum for the
vacant position as listed on the employer’s
publicly available pay schedule . You cannot
receive any benefit, incentive, compensation in
lieu of benefits, or other form of compensation
in addition to the hourly pay rate .
Eligibility Requirements for
Retired Annuitants
In addition to the requirements on the previous
pages, all retirees must meet both of the following
two requirements to be eligible to work for a
CalPERS employer:
1. Bona Fide Separation in Service Requirement
You cannot be employed as a retired annuitant if
you are younger than the “normal retirement age”
on your retirement date, unless both of the following
conditions are met:
• There was no verbal or written agreement to
return to work as a retired annuitant between you
and any CalPERS employer before you retired .
• There is a termination of employment (separation
in service) for 60 days between your retirement
date and the date your limited-duration
employment as a retired annuitant will begin .
Normal retirement age is the oldest age
listed in your retirement benefit formulas .
To find this age, log in to your myCalPERS
account at my.calpers.ca.gov .
All retirees who are under normal retirement age
at retirement must meet the bona fide separation
in service requirement even if an exception to the
180-day wait period applies . These two requirements
may be served concurrently . The only exception to
this restriction is for employment due to the specific
emergency conditions as defined in Government
Code section 8558 . This bona fide separation
requirement is in California retirement law and
regulations to comply with Internal Revenue Code
tax regulations .
Retired Annuitant Rules (continued)
9 2. 180-Day Wait Period Requirement
You cannot be employed as a retired annuitant for a
period of 180 days after your retirement date, unless
you qualify for one of the following exceptions . The
180-day wait period begins on your retirement date .
Exceptions
• Before you begin work, your employer must
certify the nature of the employment and that
the appointment is necessary to fill a critically
needed position sooner than 180 days . The
appointment must be approved by the employer’s
governing body, in a public meeting, and must
be approved as an action item, rather than on
a consent calendar .
• You will participate in the California State
University’s (CSU) Faculty Early Retirement
Program (FERP) pursuant to a collective
bargaining agreement with CSU that existed
prior to January 1, 2013, or has been included
in subsequent agreements .
• You are a retired firefighter or retired public
safety officer as defined in Government Code
section 3301 (peace officer) who will perform
firefighter or peace officer retired annuitant work .
• You are a CalSTRS retiree who is subject to
sections 24212, 24214 .5, or 26812 of the Education
Code . Call CalSTRS at (800) 228-5453 for more
information .
If you receive a golden handshake or any other
retirement or separation incentive, you must wait
180 days before returning to work and you are not
eligible for any of the 180-day wait period exceptions .
State Employer Civil Service
Eligibility Requirement
Retired annuitant employment with a state
agency is limited to retirees who have civil
service eligibility from previous state agency
employment or who qualify for appointment
under an applicable civil service employment
list . Visit the California Department of Human
Resources website at www.calhr.ca.gov for more
information . Retired State of California employees
can apply for retired annuitant positions via the
Boomerang website at boomerang.ca.gov .
Unemployment Insurance Payments
California law prohibits appointment of a retired
annuitant by a CalPERS employer if, during the
12-month period before an appointment, you
received unemployment insurance compensation
for prior retired annuitant employment with any
CalPERS employer . Upon accepting employment,
you must certify in writing to the employer
that you comply with this requirement .
If you are working as a retired annuitant and it is
discovered that during the previous 12 months you
were paid unemployment insurance compensation
based on prior retired annuitant employment with
any CalPERS employer, your employment must
be terminated on the last day of the current pay
period . You will not be eligible for appointment as
a retired annuitant with any CalPERS employer for
12 months following the termination date of the
current employment . Violation of this unemployment
insurance compensation restriction does not result
in mandatory reinstatement from retirement .
Retired Annuitant Rules (continued)
10 Exceptions to Retired Annuitant
Requirements
Elected or Appointed Offices
You can serve in an elected or appointed office
after retirement without reinstatement from
retirement . However, if you serve without
reinstatement and part or all of your retirement
allowance is based on service in that elected or
appointed office, the portion of your allowance
based on service in that office must be suspended
for your time in office . When you leave office, your
allowance will be unsuspended going forward .
If you wish to elect membership to earn additional
CalPERS service credit for your time in the elected or
appointed office and that office is subject to CalPERS
membership, you must reinstate from retirement .
If you are serving in an elected or appointed
office for which you have CalPERS membership
and wish to retire before your term expires,
you must resign from that office .
If you are serving in an elected or appointed
office for which you have not elected CalPERS
membership and wish to retire before your term
expires, you do not have to resign from that office .
Special State Appointments
Part-Time Member of State Board or Commission –
CalPERS Retirees and Non-CalPERS Retirees
You can serve without reinstatement from retirement
as a salaried part-time member of a state board
or commission, where part time is defined as
an appointment with a salary of no more than
$60,000 annually, which will be increased in
any fiscal year in which a general salary increase
is provided for state employees . The amount
of the increase cannot exceed the percentage
of the general salary increases provided for state
employees during that fiscal year . You acquire
no benefits, service credit, or retirement rights
from this employment .
Full-Time Member of State Board or Commission –
CalPERS Retirees
You can serve without reinstatement from
retirement as a non-salaried full-time member
of a state board or commission . You may receive
only per diem authorized to all members of
the board or commission . You do not earn any
service credit or benefits in CalPERS, or make
any CalPERS contributions . If you accept the
salary, you must reinstate from retirement .
Full-Time Member of State Board or Commission –
Non-CalPERS Retirees
If you receive retirement from a public retirement
system other than CalPERS, you can serve as a
non-salaried full-time member of a state board
or commission and continue to receive your
retirement allowance in addition to any per
diem authorized to all members of the board or
commission . If you accept the salary, you must
suspend your retirement benefit from the other
system and enroll as a new member of CalPERS .
Upon retirement (1) the pensionable compensation
earned from the service on this board or commission
will not be eligible for reciprocity with any other
retirement system or plan, and (2) you will be
entitled to future reinstatement of any suspended
benefits, including employer-provided retiree health
benefits, for which you were entitled at the time
of appointment to the board or commission .
Retired Annuitant Rules (continued)
11 Full-Time Commissioner of the State Board
of Parole Hearings or Full-Time Commissioner
of the State Board of Juvenile Hearings –
CalPERS Retirees and Non-CalPERS Retirees
If you are appointed as a full-time commissioner
of the California Board of Parole Hearings or the
California Board of Juvenile Hearings, you may
serve without reinstatement from retirement,
and without loss or interruption of benefits
provided by the retirement system . These
appointments are made by the Governor and
require confirmation by the California Senate .
Retired Annuitant Rules (continued)
12 Independent Contractor Employment
You can be lawfully employed by a CalPERS
employer as an “independent contractor” or as
an “employee of a third-party employer,” including
your own business entity, without restrictions if there is no common law employer-employee relationship
between you and the CalPERS employer .
If a common law employer-employee relationship
exists, the employment is subject to the retired
annuitant restrictions even if the employment
agreement claims to be for an independent
contractor . If the work you will perform is the
same or similar to work you performed as an
active employee or is work performed by an active
employee of that employer, an employer-employee
relationship exists and the employment is subject
to the retired annuitant restrictions .
If you work as a supposed independent contractor
and are later determined to be an employee and
that employment violates any of the retired annuitant
restrictions, your retirement will be terminated .
See “Termination of Retirement (Reinstatement
From Retirement) Due to Unlawful Employment”
on page 4 for details .
Independent Contractor or
Third-Party Employee
Independent contractors are not “employees”
and are excluded from membership in CalPERS
by Government Code section 20300(b) . A true
independent contractor or third-party employee
is someone who contracts to provide a service or
complete a task according to his or her own methods .
This person is not subject to the contracting entity’s
control as to the end product, final result of work, or manner and means by which the work is performed .
We use the “common law control test” as a guide to
determining independent contractor status . Many
factors are considered, including the manner and
means by which the work is accomplished . We
will request and use all relevant information that
provides evidence of the degree of control of the
work being performed to make a determination .
The common law control test is a guide
to determine whether a worker should
be classified as an employee or an
independent contractor .
You cannot be hired as an independent contractor
or as an employee of a third-party employer for
a position established by statute, city charter,
or municipal code . Examples of these positions
are city manager, police chief, fire chief, etc .
13 Independent Contractor Determination
To ensure a proposed employment agreement or
position is a true independent contractor position,
we recommend you obtain an independent
contractor determination from CalPERS
before you begin any such employment .
If you would like us to review your proposed
independent contractor service agreement,
please send the complete agreement by
mail, email, or fax as shown below . We will
review the contract within 60 days .
Mail:
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Email: Membership_Reporting@calpers .ca .gov
Fax: (916) 795-4166
Independent Contractor Employment (continued)
14 Disability Retirees – Additional Requirements
and Restrictions
In addition to being subject to all the rules and
restrictions mentioned on the previous pages,
disability and industrial disability retirees are
subject to the following additional eligibility
requirements and restrictions.
If you are a disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer in
a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” on page 15 for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• If you are under the minimum service retirement
age (50, 52, or 55) and work for a non-CalPERScovered employer, your retirement benefit will be subject to an earnings limit under Government
Code section 21432 .
− You are required to report your gross
earnings to CalPERS annually .
− The total employer-paid portion of your
monthly retirement allowance and your new
gross earnings cannot be greater than the
current compensation of the position from
which you retired . If the total is greater, your
retirement allowance will be reduced .
− Once you reach your minimum service
retirement age, your employment is no longer
subject to an earnings limit (Government Code
section 21432) . Call us toll free at 888 CalPERS
(or 888-225-7377) to request a Disability
Retiree’s Report of Earnings form .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition
to determine whether you should be reinstated
from retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment
is in a position similar to the one from which
you retired .
15 If you are an industrial disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer
in a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• Your retirement benefit is not subject to an
earnings limit if you work for a non-CalPERScovered employer per Government Code section 21432, even if you are under the minimum service
retirement age .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition to
determine whether you should be reinstated from
retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment is in a
position similar to the one from which you retired .
Working for a CalPERS Employer
in a Permanent Capacity After
Disability Retirement
Under Government Code section 21232, disability
or industrial disability retirees may seek permanent
employment while receiving retirement benefits
with CalPERS’ written pre-approval . However,
certain restrictions apply .
Your job duties must differ significantly from those
required in the position from which you retired . The
position should not be the same position from which
you retired or in the same member classification, and
the position should not include duties or activities
you were restricted from performing at the time of
your retirement . If you are approved to work, you will be required to report your earnings to CalPERS and
your retirement allowance will be subject to an
earnings limit .
To be eligible for employment, you must first meet
the following requirements (refer to specific sections
in this publication):
• The bona fide separation requirement,
if applicable .
• The 180-day wait period requirement or an
allowable exception .
• No receipt of unemployment insurance payments
for previous retired annuitant employment for
12 months before the appointment .
• State Employer Civil Service Eligibility for
employment with a state agency employer .
Disability Retirees – Additional Requirements and Restrictions (continued) 16 Applying to Work Under Government
Code Section 21232
You must have CalPERS’ written approval before
beginning employment . To request approval to
work for a CalPERS employer in a permanent parttime or full-time position while receiving disability or industrial disability benefits, you must submit
the following required documents to CalPERS:
• Request to Work While Receiving Disability/
Industrial Disability Retirement Benefits form
− You complete and sign Section 1 .
− Your prospective employer
completes and signs Section 2 .
• Physical Requirements of Position/
Occupational Title form
− You and your prospective employer must
complete all sections and sign jointly .
• Position duty statement
− Submit to CalPERS a position duty
statement provided by your prospective
employer that describes the permanent
position in which you wish to work .
• Current medical report(s)
− You must schedule an appointment with
a specialist for the disabling condition(s)
that precluded you from working, and
you must provide the specialist with a
copy of the position duty statement and
the completed Physical Requirements
of Position/Occupational Title form .
Disability Retirees – Additional Requirements and Restrictions (continued) − Provide to CalPERS a current medical report
from that specialist . If you had more than one
disabling condition at the time of retirement,
you must provide a medical report on
appropriate letterhead from each medical
specialist . The specialist(s) must include the
following pertinent information in their
medical report:
• Your name and the date of the most
recent examination .
• Confirmation that the specialist reviewed
and discussed with you the position duty
statement (by title) and the Physical
Requirements of Position/Occupational
Title form .
• Whether you have any limitations or
restrictions to performing all tasks involved .
• Specific details explaining the restrictions,
if any .
• Specialist’s signature, printed name,
medical specialty, and contact information .
• Additional required documents –
local safety retirees
− If you are a local safety disability or local
safety industrial disability retiree, you must
also submit the medical documentation
used at the time of your retirement identifying
the restrictions placed upon you . You must
also submit a position duty statement
describing the position you held when
you became disabled .
• Physician’s Report on Disability form is not required .
All the forms are available on our website
at www.calpers.ca.gov .
17 Disability Retirees – Additional Requirements and Restrictions (continued) For CalPERS to begin the determination process,
which can take approximately three months to
complete, you must submit all required documents
with your request form . There are times when
we may require additional information or an
independent medical examination to supplement
your medical specialist’s report . If so, we will
select the medical specialist, schedule the
appointment, and pay for the examination .
All permanent employment under
Government Code section 21232
requires CalPERS’ written approval prior
to employment; there are no exceptions .
If you violate this law, you and your employer
will be responsible for the unlawful
employment . This could result in your
mandatory reinstatement from retirement
into the current position, whether or not
the permanent position is part time or
full time . See “Termination of Retirement
(Reinstatement From Retirement) Due to
Unlawful Employment” on page 4 for details .
Once Approved Under Government
Code Section 21232
Retirees approved to work under Government
Code section 21232 do not accrue service credit
or otherwise acquire retirement rights for
employment as a retiree .
You will be informed of the amount of your earnings
limit and how to report your earnings . The total
employer-paid portion of your monthly retirement
benefit and your new earnings cannot be greater
than the current compensation of the position from
which you retired . If it is greater, your retirement
benefit will be reduced . The earnings limitation
continues as long as you are employed in the
approved position; it does not end when you
reach your service retirement age .
If you wish to change to a different employer,
change job location, change to a different job
(demotion, reclassification, lateral transfer,
promotion, etc .), or restart employment in
a previously approved position, you must
reapply to CalPERS and await our written
approval before beginning employment .
If you do not receive prior written approval,
you will be considered unlawfully employed
and subject to reinstatement, i .e ., termination
of retirement . There are no exceptions to
this requirement .
You cannot be concurrently employed in any other
positions (retired annuitant, other temporary
position, or another permanent position) with the
employer you are approved to work for or any other
CalPERS-covered employer(s) . If you are found in
violation of this requirement you will be subject to
mandatory reinstatement from retirement into the
approved position . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
18 How to Contact Us
Experience CalPERS
Through Social Media
Connect with us to get the latest
CalPERS news .
Find Us Online
www.calpers.ca.gov
Learn about your benefits and
subscribe to email alerts . You’ll also
find all our publications and forms .
my.calpers.ca.gov
Log in to access your account
information or send us a
secure message .
news.calpers.ca.gov
Stay up to date on CalPERS news
that matters to you .
Write to Us
California Public Employees’ Retirement System
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Call Us
Our offices are open Monday through Friday,
8:00 a .m . to 5:00 p .m . We’re closed on state holidays .
Toll free: 888 CalPERS (or 888-225-7377)
TTY: (877) 249-7442
Fax: (800) 959-6545
International Calls: +1 916-795-3000
¿Hablas Español?
Para servicio en español marque:
888 CalPERS (o 888-225-7377)
19 Visit Your Nearest CalPERS Regional Office
Go to www.calpers.ca.gov/regionaloffices
to learn how to make an appointment and
prepare for your visit .
Sacramento Regional Office
Lincoln Plaza East
400 Q Street
Lincoln Plaza East, Suite 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Blvd ., Suite 200
Walnut Creek, CA 94597
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Ave ., Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Blvd ., Suite 750
Orange, CA 92868
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
20 Privacy Notice
The privacy of personal information is of the utmost
importance to CalPERS. The following information is
provided to you in compliance with the Information
Practices Act of 1977 and the Federal Privacy Act of 1974.
Information Purpose
The information requested is collected pursuant to the
Government Code (sections 20000 et seq.) and will be
used to conduct CalPERS Board of Administration duties
under the Public Employees’ Retirement Law, the Social
Security Act, and/or the Public Employees’ Medical and
Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to submit
the required information may result in CalPERS being
unable to perform its functions regarding your status.
Please do not include information that is not requested.
Social Security Numbers
Social Security numbers are collected either on a
mandatory or voluntary basis. If this is CalPERS’ first request for disclosure of your Social Security number,
then disclosure is mandatory. If your Social Security
number has already been provided, disclosure is
voluntary. Due to the use of Social Security numbers
by other agencies for identification purposes, we
may be unable to verify eligibility for benefits without the number.
Social Security numbers are used for the
following purposes:
1. Enrollee identification
2. Payroll deduction/state contributions
3. Billing of contracting agencies for employee/
employer contributions
4. Reports to CalPERS and other state agencies
5. Coordination of benefits among carriers
6. Resolving member appeals, complaints, or
grievances with health plan carriers
Information Disclosure
Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with
current statutes regarding confidentiality.
Your Rights
You have the right to review your membership files
maintained by CalPERS. For questions about this notice, our Privacy Policy, or your rights, please write to:
CalPERS
CalPERS Privacy Officer
400 Q Street
Sacramento, CA 95811
You may also call us at 888 CalPERS (or 888-225-7377).
CalPERS is governed by the Public Employees’ Retirement Law and the Alternate Retirement Program provisions in the Government Code, together referred to as the Retirement Law. The statements in this publication are general. The Retirement Law is complex and subject to change. If there is a conflict between the law and this publication, any decisions will be based on the law and not this publication. If you have a question that is not answered by this general description, you may make a written request for advice regarding your specific situation directly to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811.
California Public Employees’
Retirement System
400 Q Street
P .O . Box 942701
Sacramento, California 94229-2701
888 CalPERS (or 888-225-7377)
www.calpers.ca.gov
PUB 33
June 2023
2023.6.1
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and City Council
FROM: Heather Leigh Stevens, Parks & Recreation Director THROUGH: Amy Nilsen, City Manager
SUBJECT: Appoint Retired CalPERS Annuitant to Extra Help, Part-time Bus Driver for the Fortuna Transit System, Resolution 2025-02
STAFF RECOMMENDATION:
Adopt Resolution 2025-02, appointing Kathleen Radcliffe as a retired annuitant for the extra help part-time Bus Driver position.
EXECUTIVE SUMMARY:
Kathleen Radcliffe was selected as the top candidate for a part-time Bus Driver I position, which is considered a regular part-time position. She retired from Humboldt Transit Authority, which offers employees CalPERS retirement system. As such, state and federal laws provide specific employment restrictions for retirees who return to work with an employer in the same public retirement system from which they receive a benefit. These restrictions are intended to prevent the “double dipping” of a retiree receiving a monthly retirement benefit while also receiving a salary from regular employment within that same retirement system. Due to these restrictions she was not able to fill the permanent part-time Bus Driver I position, but can be hired into the position temporarily (less than two years) as a retired annuitant.
Although not ideal to have limitations on the length of an annuitants, due to Kathleen’s experience and a general lack of qualified candidates, staff is proposing to hire Kathleen as an extra help retired annuitant. According to CalPERS retirement regulations, a retired employee returning to work for another CalPERS agency has stipulations where employees continuing beyond retirement cannot exceed 960 hours per fiscal year. The limitation of working 960 hours or less per fiscal year equates to about 18 hours per week of work. This request is for City Council to adopt a resolution in order to hire Kathleen Radcliffe in the position of extra help Bus Driver I as a retired annuitant.
FISCAL IMPACT:
This position will fall under the existing pay scale for the Bus Driver I position in the City’s budget, so there would be no additional financial expense to the City’s current budget since the permanent part time position is currently vacant. Should the permanent part-time job be filled then Kathleen’s employment with the City will terminate.
Business Item 5f
Business Item 5f
RECOMMENDED COUNCIL ACTION:
1. Receive staff report presentation and review Council questions with staff.
2. Open Public Comment
3. Close Public Comment
4. Motion to adopt Resolution 2025-02 and read by title only. Roll call vote.
ATTACHMENT:
• Resolution 2022-02; A Resolution of the City Council of the City of Fortuna Appointing Retired Annuitant Kathleen Radcliffe as an extra help Part-Time Bus Driver 1. • A Guide to CalPERS Employment After Retirement
RESOLUTION NUMBER 2025-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FORTUNA APPOINTING RETIRED ANNUITANT KATHLEEN
RADCLIFFE AS AN EXTRA HELP PART-TIME BUS DRIVER FOR
THE FORTUNA TRANSIT SYSTEM
WHEREAS, Government (Gov.) Code section 7522.56, 21224, 21227, and 21229 of the Public Employees’ Retirement Law permits the governing body to appoint a CalPERS retiree to an extra help position requiring specialized skills of limited duration or employment is needed during an emergency, and provides that such appointment will not subject the retired person to reinstatement from retirement or loss of benefits so long as it is a single appointment that does not exceed 960 hours in a fiscal year; and
WHEREAS, the City of Fortuna and Kathleen Radcliffe certify that Kathleen Radcliffe has not and will not receive a Golden Handshake or any other retirement-related incentive; and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and
WHEREAS, the maximum base salary for this position is $18,044.06 and the hourly equivalent is $18.7959; and
WHEREAS, the hourly rate paid to Kathleen Radcliffe will be $17.7118; and WHEREAS, Kathleen Radcliffe has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate; and
THEREFORE, BE IT RESOLVED THAT the City Council of the City of Fortuna hereby certifies the nature of the employment of Kathleen Radcliffe for extra help and that this appointment is necessary to fill the position of Retired Annuitant Bus Driver 1 by 2/3/2025.
PASSED and ADOPTED at a regular meeting of the City Council of the City of Fortuna, California, on this 3rd day of February, 2025 by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
___________________________
Mike Johnson, Mayor
ATTEST:
___________________________
Siana L. Emmons, City Clerk
A Guide to CalPERS
Employment After
Retirement
learn consider decide
Working After Retirement?
Know the Rules
If you are planning to supplement your CalPERS pension by working after retirement, you need to know there are specific laws governing the type, timing, and amount of work you can accept without affecting your pension.
You should fully understand the rules surrounding employment after retirement and the consequences of unlawful employment.
This publication is designed to help you navigate those rules and help you avoid these potential pitfalls:
• Termination of your monthly CalPERS retirement allowance • Reinstatement from retirement
• Repayment of retirement benefits already received
• Payment of retroactive retirement contributions and interest • Loss of cost-of-living increases
• Loss of golden handshake benefits
This publication also provides information about working for a CalPERS employer as an independent contractor, contract employee, or through a third-party employer, such as a temp agency. Additional CalPERS publications referenced within can be obtained on our website at www.calpers.ca.gov or by calling us at 888 CalPERS (or 888-225-7377).
Contents
Introduction . . . . . . . . . . . . . . . 2
Post-Retirement Employment Scenarios . . . . . 5
Retired Annuitant Rules . . . . . . . . . . . 7
Independent Contractor Employment . . . . . 12
Disability Retirees – Additional Requirements
and Restrictions . . . . . . . . . . . . . 14
How to Contact Us . . . . . . . . . . . . 18
Visit Your Nearest CalPERS Regional Office . . . 19
Privacy Notice . . . . . . . . . . . . . 20
2 Introduction
Terms and Definitions
The following table lists key terms and definitions used in this publication .
Term Definition
Reinstatement Returning from retirement status to active employment with a CalPERS employer . Your retirement allowance is terminated until you re-retire in the future . You and your employer also resume making retirement contributions, and you earn service credit .
CalPERS Retiree An employee of a CalPERS employer who terminates active employment and receives a monthly CalPERS retirement allowance .
Retired Annuitant A CalPERS retiree working as an at-will employee for a CalPERS employer without reinstating from retirement .
Termination of Retirement The cancellation of your monthly retirement allowance .
Unlawful Employment Retiree employment found to be in violation of the retirement law and regulations .
Partial Service Retirement
An alternative to service retirement and working
as a retired annuitant is partial service retirement .
This benefit is available to full-time state
miscellaneous, full-time state industrial, and
full-time public agency employees whose employer
contracts for this benefit . Partial service retirees are not subject to the working after retirement rules .
The benefit works this way: With employer
approval, an employee who meets the eligibility
requirements can reduce his or her work time by
at least 20% but not more than 60% and receive
a retirement allowance for the balance .
For more information about partial service
retirement, contact your employer and ask if they
contract for this benefit and see A Guide to Your
CalPERS Partial Service Retirement (PUB 14) .
Volunteering for a CalPERS Employer
After Retirement
You may serve as a volunteer for a CalPERS
employer after your retirement . Service as a bona
fide volunteer is not subject to retired annuitant
restrictions . However, you may not volunteer
in a position that is normally compensated,
and you may not volunteer in order to avoid
retired annuitant restrictions . Service that is
not in a bona fide volunteer position will have
to comply with retired annuitant restrictions .
3 Before You Retire
1. Apply for Retirement and Select a Retirement Date
Separation from employment alone is not considered
retirement—you must submit a retirement
application to CalPERS to complete the retirement
process . You must stop working in all CalPERScovered employment, including all full-time and part-time positions and any elected or appointed
offices for which you have CalPERS membership .
Please consider employment that you may be
working in as noncontributory . If you cease working
in a full-time position, noncontributory part-time
positions will become contributory if you do not
separate from them prior to retirement .
It is your responsibility to inform every CalPERS
employer of your planned retirement date so that
each employer can submit permanent separation
information on your behalf . Your retirement date
can be no earlier than the day after your last day
on payroll with any CalPERS employer .
2. Determine your “Normal Retirement Age”
You will want to know how we define “normal
retirement age” if you intend on working for a
CalPERS employer after retirement; this age
determines if you will be subject to the bona fide
separation requirement . Federal tax law and
California retirement law require a retiring member
who is younger than normal retirement age on his
or her retirement date to meet a bona fide separation
in service before working after retirement for a
CalPERS employer .
Normal retirement age for CalPERS purposes is
the age listed in your retirement benefit formula,
for example, age 55 for the 2% at 55 formula or
age 62 for the 2% at 62 formula . However, maximum
normal service retirement age is never greater than
62, even for the 1 .25% at 65 formula .
If your retirement allowance is based on more than
one formula, regardless of when that formula was
earned, the oldest benefit formula age determines
your normal retirement age . If you are younger than
the age in that formula on your retirement date,
please refer to the “Bona Fide Separation in Service
Requirement” section on page 8 .
To determine your normal retirement age, please
access your myCalPERS account through our
website . Your normal retirement age is listed on
the home page . You can also refer to your CalPERS
Annual Member Statement or contact CalPERS .
To view your most recent Annual Member
Statement, log in to your myCalPERS
account at my.calpers.ca.gov .
Restrictions on Post-Retirement
Employment
State and federal laws provide specific employment
restrictions for retirees who return to work with an
employer in the same public retirement system from
which they receive a benefit .
These restrictions are intended to prevent the
“double-dipping” of a retiree receiving a monthly
CalPERS retirement benefit while also receiving a
salary from permanent or regular staff employment
with a CalPERS employer . Retirees may work in
retired annuitant positions only . See “Retired
Annuitant Rules” beginning on page 7 . Disability
retirees are subject to additional requirements and
restrictions . Also see “Disability Retirees – Additional Requirements and Restrictions” beginning on
page 14 .
Introduction (continued)
4 When applying for employment with any employer,
it is your responsibility to:
• Ask if the employer contracts with CalPERS for
retirement benefits .
• Inform the employer you are a CalPERS retiree
(receiving a retirement benefit from CalPERS) and
specify the type of retirement, whether service,
disability, or industrial disability .
• Apply for retired annuitant positions only .
Disability retirees may work in a permanent
position upon receipt of CalPERS’ written preapproval . See “Working for a CalPERS Employer in a Permanent Capacity After Disability Retirement”
beginning on page 15 .
You and the employer are responsible
for ensuring your employment complies
with the retirement law when hired
and during the entire course of your
employment . Violating these laws and
restrictions could financially impact you,
so it is advised that you be aware of these
laws and ensure you are in compliance .
Termination of Retirement
(Reinstatement From Retirement)
Due to Unlawful Employment
Any retiree employment found to be
in violation of the retirement laws and
regulations is unlawful employment . If
you are found to be employed in unlawful
employment, you will be financially impacted
due to the violation . This could result in your
reinstatement from retirement, retroactive
to the date the unlawful employment began .
If reinstated, your retirement allowance (pension
payments) will stop and you will be required to
reimburse CalPERS the amount of retirement
allowance you received during the period of
unlawful employment . In addition, you will pay
your employer the member contributions plus
interest owed retroactive to your reinstatement
date . The employer who unlawfully employed
you will submit your member contributions
and pay employer contributions plus interest
owed retroactive to your reinstatement date .
When you re-retire, please be aware that your
new retirement may not include the same
benefits you had with your previous retirement .
Reinstatement may result in a loss of medical
coverage and adversely affect other benefits from
your prior retirement, such as a golden handshake or
reciprocity, if another system’s final compensation
was used to calculate your CalPERS allowance .
For information about voluntary reinstatement from
retirement into active employment, review A Guide
to CalPERS Reinstatement From Retirement (PUB 37) .
Introduction (continued)
5 Post-Retirement Employment Scenarios
Private Sector Employment
If you are a service retiree, you can work for a
private industry employer not associated with any
CalPERS employer without restrictions and continue
to receive your CalPERS retirement allowance .
If you are a disability retiree, there are restrictions on the work you can do for a private industry
employer . If you retired on a disability or
industrial disability, be sure to review the
“Disability Retirees – Additional Requirements
and Restrictions” section beginning on page 14 .
If you are either a service retiree or a disability
retiree, and you want to work for a private sector
employer who provides a service to a CalPERS
employer, please see the section on “Independent
Contractor Employment” beginning on page 12 .
Employment in Other Public
Retirement Systems
If you are a service retiree, you can work
without restrictions in a position that qualifies
for membership in any other public retirement
system without terminating your CalPERS
retirement and continue to receive your CalPERS
allowance . This includes certificated (teaching)
positions covered by the California State
Teachers’ Retirement System (CalSTRS) .
If you are a disability retiree, there are restrictions on working for an employer in a different
public retirement system . See the section on
“Disability Retirees – Additional Requirements
and Restrictions” beginning on page 14 .
CalPERS/CalSTRS Election
The retirement system election to elect coverage
under CalSTRS for a CalPERS-covered position or
CalPERS for a CalSTRS-covered position under
Government Code section 20309 only applies
to active members . Retirees are ineligible for
this election .
Employment in JRS II
For information about employment in positions that
qualify for membership in the Judges’ Retirement
System II, please call (916) 795-3688 .
Working for a CalPERS Employer
If your post-retirement plans include working
for a CalPERS employer, you have these options:
reinstating from retirement, working as an
independent contractor, or retired annuitant
employment . Disability retirees have another option,
which is to work in a permanent position under
Government Code section 21232 . If you retired on a
disability or industrial disability, there are additional restrictions on the work you can do while retired .
Please review the “Disability Retirees – Additional
Requirements and Restrictions” section beginning
on page 14 for information on that option .
Voluntary Reinstatement From Retirement
You should only apply for and accept a regular
staff position with a CalPERS employer if you are
voluntarily reinstating from retirement, and you and
the employer have completed the Reinstatement
From Service Retirement Application form or the
Reinstatement From Disability/Industrial Disability
Retirement Application form . For more information
about voluntary reinstatement from retirement
into active employment, review A Guide to CalPERS
Reinstatement From Retirement (PUB 37) .
6 Independent Contractor Employment
You can be lawfully employed by a CalPERS employer
as an “independent contractor” or as an “employee
of a third-party employer,” including your own
business entity, if there is no common law employeremployee relationship between you and the CalPERS employer . Please see the section on “Independent
Contractor Employment” beginning on page 12 .
Retired Annuitant Employment
A retired annuitant is a CalPERS retiree who works
as an at-will employee of a CalPERS employer with
certain restrictions to avoid jeopardizing his or
her retirement allowance (pension payments) .
As a retired annuitant, you do not accrue service
credit or otherwise acquire any additional retirement
benefits from the employment . If you intend to
remain retired and work for a CalPERS employer,
you should only apply for and accept a retired
annuitant position . Appointment to any permanent
or regular staff position (part or full time,
intermittent, hourly, seasonal, on call, exempt
from civil service, exempt from membership, etc .)
requires reinstatement from retirement . This
applies to all CalPERS member classifications
(miscellaneous, safety, police, fire, etc .) .
Post-Retirement Employment Scenarios (continued)
7 Retired Annuitant Rules
There are two types of retired annuitant
employment: “extra help” and interim (or acting)
“vacant position” employment .
Extra Help Positions
The retired annuitant employment restrictions for
extra help positions are authorized by Government
Code sections 7522 .56, 21224, 21227, and 21229 . All
CalPERS-covered employers are able to use retirees
to fill in for extra help positions . However, your
employment must meet the following restrictions:
• Limited-Duration Work
You have skills needed to perform work of limited
duration or your employment is needed during an
emergency (such as floods, earthquakes, etc .) to
prevent stoppage of public business . While these
workloads may last more than one fiscal year, the
employment should terminate when the limitedduration work you were hired to perform is completed . Examples of work of limited duration
are work to eliminate a backlog, work on a special
project, and work that is in excess of what regular
staff can do . You cannot be employed in any
regular staff position such as “seasonal,”
“permanent intermittent,” “exempt from civil
service,” “exempt from membership,” “TAU,” or
any other “temporary” position other than a retired
annuitant position .
• Compensation
The hourly pay rate you receive cannot be less
than the minimum or exceed the maximum paid
to other employees performing comparable duties
as listed in the employer’s publicly available pay
schedule . Also, you cannot receive any benefit,
incentive, compensation in lieu of benefits, or other
form of compensation in addition to the hourly pay
rate . For example, longevity compensation, sick
leave, or vacation benefits cannot be provided to a
retired annuitant . The only exception would be if
the employee is being reimbursed dollar for dollar
for job-related expenses .
• 960-Hour Limit
The hours you work cannot exceed 960 hours in a
fiscal year (July 1 through June 30) for employment
with all CalPERS employers combined . There are
no exceptions to this limit. Your hours will reset
each July 1, and you can work another 960 hours
for the new fiscal year . Your employer must enroll
and report your hours to CalPERS, per Government
Code section 21220 . Your employer-reported
retired annuitant hours can be viewed in your
myCalPERS account . You are able to view your
total employer-reported hours from all employers
for the current fiscal year .
California State University (CSU) academic
staff retirees can work as retired annuitant
academic staff for CSU employers as
authorized by Government Code sections
7522 .56 and 21227 . However, the hours
worked for all CSU employers cannot exceed
960 hours in a fiscal year or 50% of the
hours employed during the last fiscal year
prior to retirement, whichever is less .
• Unemployment Insurance Payments
You cannot be appointed as a retired annuitant if
you received unemployment insurance payments
for prior retired annuitant work for any CalPERS
employer within 12 months prior to your
appointment date . Upon accepting employment,
you must certify in writing to the employer that
you comply with this requirement . See additional
information in the section “Unemployment
Insurance Payments” on page 9 .
8 Vacant Positions
A CalPERS-contracted public agency may appoint
you to an interim position by the governing body
of an employer, as authorized by Government Code
sections 7522 .56 and 21221(h) . The employment
must meet all the requirements on page 7 for
extra help positions and the following additional
requirements below . Examples of these positions
include city manager, police chief, fire chief,
individual department head, director, CEO, etc .
• Active Recruitment
Before you are hired, the employer must have
in place an active recruitment for a permanent
replacement for the vacant position .
• Limited-Duration Work
You can be hired only as an interim or acting
appointment during the period of recruitment;
you cannot work in a permanent capacity or for
an indefinite period of time .
• Single Appointment
You can be appointed only once to the vacant
position . If your contracted term ends and a
replacement has not been found, then you must
vacate the position . If you continue after your
contracted term expires, this is considered a
second appointment .
• Compensation
Your hourly pay rate cannot be less than the
minimum or exceed the maximum for the
vacant position as listed on the employer’s
publicly available pay schedule . You cannot
receive any benefit, incentive, compensation in
lieu of benefits, or other form of compensation
in addition to the hourly pay rate .
Eligibility Requirements for
Retired Annuitants
In addition to the requirements on the previous
pages, all retirees must meet both of the following
two requirements to be eligible to work for a
CalPERS employer:
1. Bona Fide Separation in Service Requirement
You cannot be employed as a retired annuitant if
you are younger than the “normal retirement age”
on your retirement date, unless both of the following
conditions are met:
• There was no verbal or written agreement to
return to work as a retired annuitant between you
and any CalPERS employer before you retired .
• There is a termination of employment (separation
in service) for 60 days between your retirement
date and the date your limited-duration
employment as a retired annuitant will begin .
Normal retirement age is the oldest age
listed in your retirement benefit formulas .
To find this age, log in to your myCalPERS
account at my.calpers.ca.gov .
All retirees who are under normal retirement age
at retirement must meet the bona fide separation
in service requirement even if an exception to the
180-day wait period applies . These two requirements
may be served concurrently . The only exception to
this restriction is for employment due to the specific
emergency conditions as defined in Government
Code section 8558 . This bona fide separation
requirement is in California retirement law and
regulations to comply with Internal Revenue Code
tax regulations .
Retired Annuitant Rules (continued)
9 2. 180-Day Wait Period Requirement
You cannot be employed as a retired annuitant for a
period of 180 days after your retirement date, unless
you qualify for one of the following exceptions . The
180-day wait period begins on your retirement date .
Exceptions
• Before you begin work, your employer must
certify the nature of the employment and that
the appointment is necessary to fill a critically
needed position sooner than 180 days . The
appointment must be approved by the employer’s
governing body, in a public meeting, and must
be approved as an action item, rather than on
a consent calendar .
• You will participate in the California State
University’s (CSU) Faculty Early Retirement
Program (FERP) pursuant to a collective
bargaining agreement with CSU that existed
prior to January 1, 2013, or has been included
in subsequent agreements .
• You are a retired firefighter or retired public
safety officer as defined in Government Code
section 3301 (peace officer) who will perform
firefighter or peace officer retired annuitant work .
• You are a CalSTRS retiree who is subject to
sections 24212, 24214 .5, or 26812 of the Education
Code . Call CalSTRS at (800) 228-5453 for more
information .
If you receive a golden handshake or any other
retirement or separation incentive, you must wait
180 days before returning to work and you are not
eligible for any of the 180-day wait period exceptions .
State Employer Civil Service
Eligibility Requirement
Retired annuitant employment with a state
agency is limited to retirees who have civil
service eligibility from previous state agency
employment or who qualify for appointment
under an applicable civil service employment
list . Visit the California Department of Human
Resources website at www.calhr.ca.gov for more
information . Retired State of California employees
can apply for retired annuitant positions via the
Boomerang website at boomerang.ca.gov .
Unemployment Insurance Payments
California law prohibits appointment of a retired
annuitant by a CalPERS employer if, during the
12-month period before an appointment, you
received unemployment insurance compensation
for prior retired annuitant employment with any
CalPERS employer . Upon accepting employment,
you must certify in writing to the employer
that you comply with this requirement .
If you are working as a retired annuitant and it is
discovered that during the previous 12 months you
were paid unemployment insurance compensation
based on prior retired annuitant employment with
any CalPERS employer, your employment must
be terminated on the last day of the current pay
period . You will not be eligible for appointment as
a retired annuitant with any CalPERS employer for
12 months following the termination date of the
current employment . Violation of this unemployment
insurance compensation restriction does not result
in mandatory reinstatement from retirement .
Retired Annuitant Rules (continued)
10 Exceptions to Retired Annuitant
Requirements
Elected or Appointed Offices
You can serve in an elected or appointed office
after retirement without reinstatement from
retirement . However, if you serve without
reinstatement and part or all of your retirement
allowance is based on service in that elected or
appointed office, the portion of your allowance
based on service in that office must be suspended
for your time in office . When you leave office, your
allowance will be unsuspended going forward .
If you wish to elect membership to earn additional
CalPERS service credit for your time in the elected or
appointed office and that office is subject to CalPERS
membership, you must reinstate from retirement .
If you are serving in an elected or appointed
office for which you have CalPERS membership
and wish to retire before your term expires,
you must resign from that office .
If you are serving in an elected or appointed
office for which you have not elected CalPERS
membership and wish to retire before your term
expires, you do not have to resign from that office .
Special State Appointments
Part-Time Member of State Board or Commission –
CalPERS Retirees and Non-CalPERS Retirees
You can serve without reinstatement from retirement
as a salaried part-time member of a state board
or commission, where part time is defined as
an appointment with a salary of no more than
$60,000 annually, which will be increased in
any fiscal year in which a general salary increase
is provided for state employees . The amount
of the increase cannot exceed the percentage
of the general salary increases provided for state
employees during that fiscal year . You acquire
no benefits, service credit, or retirement rights
from this employment .
Full-Time Member of State Board or Commission –
CalPERS Retirees
You can serve without reinstatement from
retirement as a non-salaried full-time member
of a state board or commission . You may receive
only per diem authorized to all members of
the board or commission . You do not earn any
service credit or benefits in CalPERS, or make
any CalPERS contributions . If you accept the
salary, you must reinstate from retirement .
Full-Time Member of State Board or Commission –
Non-CalPERS Retirees
If you receive retirement from a public retirement
system other than CalPERS, you can serve as a
non-salaried full-time member of a state board
or commission and continue to receive your
retirement allowance in addition to any per
diem authorized to all members of the board or
commission . If you accept the salary, you must
suspend your retirement benefit from the other
system and enroll as a new member of CalPERS .
Upon retirement (1) the pensionable compensation
earned from the service on this board or commission
will not be eligible for reciprocity with any other
retirement system or plan, and (2) you will be
entitled to future reinstatement of any suspended
benefits, including employer-provided retiree health
benefits, for which you were entitled at the time
of appointment to the board or commission .
Retired Annuitant Rules (continued)
11 Full-Time Commissioner of the State Board
of Parole Hearings or Full-Time Commissioner
of the State Board of Juvenile Hearings –
CalPERS Retirees and Non-CalPERS Retirees
If you are appointed as a full-time commissioner
of the California Board of Parole Hearings or the
California Board of Juvenile Hearings, you may
serve without reinstatement from retirement,
and without loss or interruption of benefits
provided by the retirement system . These
appointments are made by the Governor and
require confirmation by the California Senate .
Retired Annuitant Rules (continued)
12 Independent Contractor Employment
You can be lawfully employed by a CalPERS
employer as an “independent contractor” or as
an “employee of a third-party employer,” including
your own business entity, without restrictions if there is no common law employer-employee relationship
between you and the CalPERS employer .
If a common law employer-employee relationship
exists, the employment is subject to the retired
annuitant restrictions even if the employment
agreement claims to be for an independent
contractor . If the work you will perform is the
same or similar to work you performed as an
active employee or is work performed by an active
employee of that employer, an employer-employee
relationship exists and the employment is subject
to the retired annuitant restrictions .
If you work as a supposed independent contractor
and are later determined to be an employee and
that employment violates any of the retired annuitant
restrictions, your retirement will be terminated .
See “Termination of Retirement (Reinstatement
From Retirement) Due to Unlawful Employment”
on page 4 for details .
Independent Contractor or
Third-Party Employee
Independent contractors are not “employees”
and are excluded from membership in CalPERS
by Government Code section 20300(b) . A true
independent contractor or third-party employee
is someone who contracts to provide a service or
complete a task according to his or her own methods .
This person is not subject to the contracting entity’s
control as to the end product, final result of work, or manner and means by which the work is performed .
We use the “common law control test” as a guide to
determining independent contractor status . Many
factors are considered, including the manner and
means by which the work is accomplished . We
will request and use all relevant information that
provides evidence of the degree of control of the
work being performed to make a determination .
The common law control test is a guide
to determine whether a worker should
be classified as an employee or an
independent contractor .
You cannot be hired as an independent contractor
or as an employee of a third-party employer for
a position established by statute, city charter,
or municipal code . Examples of these positions
are city manager, police chief, fire chief, etc .
13 Independent Contractor Determination
To ensure a proposed employment agreement or
position is a true independent contractor position,
we recommend you obtain an independent
contractor determination from CalPERS
before you begin any such employment .
If you would like us to review your proposed
independent contractor service agreement,
please send the complete agreement by
mail, email, or fax as shown below . We will
review the contract within 60 days .
Mail:
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Email: Membership_Reporting@calpers .ca .gov
Fax: (916) 795-4166
Independent Contractor Employment (continued)
14 Disability Retirees – Additional Requirements
and Restrictions
In addition to being subject to all the rules and
restrictions mentioned on the previous pages,
disability and industrial disability retirees are
subject to the following additional eligibility
requirements and restrictions.
If you are a disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer in
a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” on page 15 for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• If you are under the minimum service retirement
age (50, 52, or 55) and work for a non-CalPERScovered employer, your retirement benefit will be subject to an earnings limit under Government
Code section 21432 .
− You are required to report your gross
earnings to CalPERS annually .
− The total employer-paid portion of your
monthly retirement allowance and your new
gross earnings cannot be greater than the
current compensation of the position from
which you retired . If the total is greater, your
retirement allowance will be reduced .
− Once you reach your minimum service
retirement age, your employment is no longer
subject to an earnings limit (Government Code
section 21432) . Call us toll free at 888 CalPERS
(or 888-225-7377) to request a Disability
Retiree’s Report of Earnings form .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition
to determine whether you should be reinstated
from retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment
is in a position similar to the one from which
you retired .
15 If you are an industrial disability retiree:
• You may work for a CalPERS-covered employer in
a retired annuitant compliant position and continue
to receive your CalPERS retirement allowance if the
position is not the same position from which you
retired nor includes duties or activities you were
restricted from performing at the time of your
disability retirement per Government Code section
21233 . You will be subject to the 960-hour limit .
• You may work for a CalPERS-covered employer
in a permanent position with CalPERS’ written
pre-approval and continue to receive your CalPERS
retirement allowance per Government Code
section 21232 . You will be subject to an earnings
limit if approved . See “Working for a CalPERS
Employer in a Permanent Capacity After Disability
Retirement” for requirements .
• You may work for a non-CalPERS-covered
employer (e .g ., other public retirement system, a
private industry employer not associated with any
CalPERS employer) and continue to receive your
CalPERS retirement allowance if the position is
not the same position from which you retired nor
includes duties or activities you were restricted
from performing at the time of your disability
retirement per Government Code section 21233 .
• Your retirement benefit is not subject to an
earnings limit if you work for a non-CalPERScovered employer per Government Code section 21432, even if you are under the minimum service
retirement age .
• If you are under the minimum service retirement
age and are performing duties similar to those
from which you were previously found disabled,
CalPERS can reevaluate your medical condition to
determine whether you should be reinstated from
retirement . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
• Your disability retirement requires you to inform
CalPERS immediately if you are no longer
incapacitated, or if your current employment is in a
position similar to the one from which you retired .
Working for a CalPERS Employer
in a Permanent Capacity After
Disability Retirement
Under Government Code section 21232, disability
or industrial disability retirees may seek permanent
employment while receiving retirement benefits
with CalPERS’ written pre-approval . However,
certain restrictions apply .
Your job duties must differ significantly from those
required in the position from which you retired . The
position should not be the same position from which
you retired or in the same member classification, and
the position should not include duties or activities
you were restricted from performing at the time of
your retirement . If you are approved to work, you will be required to report your earnings to CalPERS and
your retirement allowance will be subject to an
earnings limit .
To be eligible for employment, you must first meet
the following requirements (refer to specific sections
in this publication):
• The bona fide separation requirement,
if applicable .
• The 180-day wait period requirement or an
allowable exception .
• No receipt of unemployment insurance payments
for previous retired annuitant employment for
12 months before the appointment .
• State Employer Civil Service Eligibility for
employment with a state agency employer .
Disability Retirees – Additional Requirements and Restrictions (continued) 16 Applying to Work Under Government
Code Section 21232
You must have CalPERS’ written approval before
beginning employment . To request approval to
work for a CalPERS employer in a permanent parttime or full-time position while receiving disability or industrial disability benefits, you must submit
the following required documents to CalPERS:
• Request to Work While Receiving Disability/
Industrial Disability Retirement Benefits form
− You complete and sign Section 1 .
− Your prospective employer
completes and signs Section 2 .
• Physical Requirements of Position/
Occupational Title form
− You and your prospective employer must
complete all sections and sign jointly .
• Position duty statement
− Submit to CalPERS a position duty
statement provided by your prospective
employer that describes the permanent
position in which you wish to work .
• Current medical report(s)
− You must schedule an appointment with
a specialist for the disabling condition(s)
that precluded you from working, and
you must provide the specialist with a
copy of the position duty statement and
the completed Physical Requirements
of Position/Occupational Title form .
Disability Retirees – Additional Requirements and Restrictions (continued) − Provide to CalPERS a current medical report
from that specialist . If you had more than one
disabling condition at the time of retirement,
you must provide a medical report on
appropriate letterhead from each medical
specialist . The specialist(s) must include the
following pertinent information in their
medical report:
• Your name and the date of the most
recent examination .
• Confirmation that the specialist reviewed
and discussed with you the position duty
statement (by title) and the Physical
Requirements of Position/Occupational
Title form .
• Whether you have any limitations or
restrictions to performing all tasks involved .
• Specific details explaining the restrictions,
if any .
• Specialist’s signature, printed name,
medical specialty, and contact information .
• Additional required documents –
local safety retirees
− If you are a local safety disability or local
safety industrial disability retiree, you must
also submit the medical documentation
used at the time of your retirement identifying
the restrictions placed upon you . You must
also submit a position duty statement
describing the position you held when
you became disabled .
• Physician’s Report on Disability form is not required .
All the forms are available on our website
at www.calpers.ca.gov .
17 Disability Retirees – Additional Requirements and Restrictions (continued) For CalPERS to begin the determination process,
which can take approximately three months to
complete, you must submit all required documents
with your request form . There are times when
we may require additional information or an
independent medical examination to supplement
your medical specialist’s report . If so, we will
select the medical specialist, schedule the
appointment, and pay for the examination .
All permanent employment under
Government Code section 21232
requires CalPERS’ written approval prior
to employment; there are no exceptions .
If you violate this law, you and your employer
will be responsible for the unlawful
employment . This could result in your
mandatory reinstatement from retirement
into the current position, whether or not
the permanent position is part time or
full time . See “Termination of Retirement
(Reinstatement From Retirement) Due to
Unlawful Employment” on page 4 for details .
Once Approved Under Government
Code Section 21232
Retirees approved to work under Government
Code section 21232 do not accrue service credit
or otherwise acquire retirement rights for
employment as a retiree .
You will be informed of the amount of your earnings
limit and how to report your earnings . The total
employer-paid portion of your monthly retirement
benefit and your new earnings cannot be greater
than the current compensation of the position from
which you retired . If it is greater, your retirement
benefit will be reduced . The earnings limitation
continues as long as you are employed in the
approved position; it does not end when you
reach your service retirement age .
If you wish to change to a different employer,
change job location, change to a different job
(demotion, reclassification, lateral transfer,
promotion, etc .), or restart employment in
a previously approved position, you must
reapply to CalPERS and await our written
approval before beginning employment .
If you do not receive prior written approval,
you will be considered unlawfully employed
and subject to reinstatement, i .e ., termination
of retirement . There are no exceptions to
this requirement .
You cannot be concurrently employed in any other
positions (retired annuitant, other temporary
position, or another permanent position) with the
employer you are approved to work for or any other
CalPERS-covered employer(s) . If you are found in
violation of this requirement you will be subject to
mandatory reinstatement from retirement into the
approved position . See “Termination of Retirement
(Reinstatement From Retirement) Due to Unlawful
Employment” on page 4 for details .
18 How to Contact Us
Experience CalPERS
Through Social Media
Connect with us to get the latest
CalPERS news .
Find Us Online
www.calpers.ca.gov
Learn about your benefits and
subscribe to email alerts . You’ll also
find all our publications and forms .
my.calpers.ca.gov
Log in to access your account
information or send us a
secure message .
news.calpers.ca.gov
Stay up to date on CalPERS news
that matters to you .
Write to Us
California Public Employees’ Retirement System
Employer Account Management Division
P .O . Box 942709
Sacramento, CA 94229-2709
Call Us
Our offices are open Monday through Friday,
8:00 a .m . to 5:00 p .m . We’re closed on state holidays .
Toll free: 888 CalPERS (or 888-225-7377)
TTY: (877) 249-7442
Fax: (800) 959-6545
International Calls: +1 916-795-3000
¿Hablas Español?
Para servicio en español marque:
888 CalPERS (o 888-225-7377)
19 Visit Your Nearest CalPERS Regional Office
Go to www.calpers.ca.gov/regionaloffices
to learn how to make an appointment and
prepare for your visit .
Sacramento Regional Office
Lincoln Plaza East
400 Q Street
Lincoln Plaza East, Suite 1820
Sacramento, CA 95811
San Bernardino Regional Office
650 East Hospitality Lane, Suite 330
San Bernardino, CA 92408
Walnut Creek Regional Office
Pacific Plaza
1340 Treat Blvd ., Suite 200
Walnut Creek, CA 94597
San Jose Regional Office
181 Metro Drive, Suite 520
San Jose, CA 95110
Fresno Regional Office
10 River Park Place East, Suite 230
Fresno, CA 93720
Glendale Regional Office
Glendale Plaza
655 North Central Ave ., Suite 1400
Glendale, CA 91203
Orange Regional Office
500 North State College Blvd ., Suite 750
Orange, CA 92868
San Diego Regional Office
7676 Hazard Center Drive, Suite 350
San Diego, CA 92108
20 Privacy Notice
The privacy of personal information is of the utmost
importance to CalPERS. The following information is
provided to you in compliance with the Information
Practices Act of 1977 and the Federal Privacy Act of 1974.
Information Purpose
The information requested is collected pursuant to the
Government Code (sections 20000 et seq.) and will be
used to conduct CalPERS Board of Administration duties
under the Public Employees’ Retirement Law, the Social
Security Act, and/or the Public Employees’ Medical and
Hospital Care Act, as the case may be. Submission of the requested information is mandatory. Failure to submit
the required information may result in CalPERS being
unable to perform its functions regarding your status.
Please do not include information that is not requested.
Social Security Numbers
Social Security numbers are collected either on a
mandatory or voluntary basis. If this is CalPERS’ first request for disclosure of your Social Security number,
then disclosure is mandatory. If your Social Security
number has already been provided, disclosure is
voluntary. Due to the use of Social Security numbers
by other agencies for identification purposes, we
may be unable to verify eligibility for benefits without the number.
Social Security numbers are used for the
following purposes:
1. Enrollee identification
2. Payroll deduction/state contributions
3. Billing of contracting agencies for employee/
employer contributions
4. Reports to CalPERS and other state agencies
5. Coordination of benefits among carriers
6. Resolving member appeals, complaints, or
grievances with health plan carriers
Information Disclosure
Portions of this information may be transferred to other state agencies (such as your employer), physicians, and insurance carriers, but only in strict accordance with
current statutes regarding confidentiality.
Your Rights
You have the right to review your membership files
maintained by CalPERS. For questions about this notice, our Privacy Policy, or your rights, please write to:
CalPERS
CalPERS Privacy Officer
400 Q Street
Sacramento, CA 95811
You may also call us at 888 CalPERS (or 888-225-7377).
CalPERS is governed by the Public Employees’ Retirement Law and the Alternate Retirement Program provisions in the Government Code, together referred to as the Retirement Law. The statements in this publication are general. The Retirement Law is complex and subject to change. If there is a conflict between the law and this publication, any decisions will be based on the law and not this publication. If you have a question that is not answered by this general description, you may make a written request for advice regarding your specific situation directly to the CalPERS Privacy Officer at 400 Q Street, Sacramento, CA 95811.
California Public Employees’
Retirement System
400 Q Street
P .O . Box 942701
Sacramento, California 94229-2701
888 CalPERS (or 888-225-7377)
www.calpers.ca.gov
PUB 33
June 2023
2023.6.1
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Amy Nilsen, City Manager
SUBJECT: Authorize City Manager to Execute Professional Services Agreement with Jen Rice Consults and Supplemental Budget Request
STAFF RECOMMENDATION:
Authorize the City Manager to execute the professional services agreement with Jen Rice Consults and approve a supplemental budget request in the amount of $18,810.
EXECUTIVE SUMMARY:
Per the City Council’s Policy and Procedures Manual the City Council every two years following a City Council election, meets with department managers in a goal setting/priority projects session to review progress on goals previously set, and defines new goals, and objectives for the City. This has not been done in a number of years.
At the December 15, 2024 City Council meeting during Future Agenda Item discussion, the Council requested the City develop goals as stated in the City Council’s Policies and Procedures Manual. A brief discussion took place where the City Manager asked the Council if they would be open to a more thorough process to work on vision and goals in a more comprehensive approach involving the community, and the City Council was agreeable to this option.
Before your City Council is a professional services agreement to begin public engagement which offers the City an innovative and community-based approach to proactively understand community priorities by asking and listening to a board swath of the community, analyzing the feedback received during listening sessions, designing strategic timelines and objectives, and then finally agreeing on next steps such as polices, practices and projects. This process is more community-based and comprehensive in nature than what is described in the Policies and Procedures Manual.
The initial supplemental budget request is for $18,810 for the first phase of the project. After this phase of the project is complete there will be a check-in with the City Council for feedback and to determine if entering into the second phase of the project for an additional dollar amount totaling $15,475 is of value to the Council. There is an option with Fortuna staff assistance to reduce the cost of the project, however, that is dependent upon staff availability to perform data analysis and the current workload may not allow for this.
Business Item 5g
Business Item 5g
CONCLUSION:
Investing in a professional services agreement to help the City with prioritizing community feedback and priorities will assist the City Council and staff listen to community members and each other, surfacing, understanding, and clarifying vision, values, interests, and priorities to guide leadership, strategy, agreements, and decision-making, all in a way that invests in relationships, partnerships, and transparency with, and relevancy to, the community at large.
FISCAL IMPACT:
The $18,810 supplemental budget request will come from City reserves. A future supplemental budget request of $15,475 will be brought at a future date. In addition, the City Manager has been in communication with the McLean Foundation to provide grant assistance for this project.
Should a grant be received it would reduce the total cost of the project? Costs for staff time to meet with the consultant and engage in this work is already included in the budget as salaries.
RECOMMENDED ACTION:
1. Receive staff presentation and review Council questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to authorize the City Manager to execute the professional services agreement with Jen Rice Consults and approve a supplemental budget request for $18,810. Voice vote.
ATTACHMENTS:
• Professional Services Agreement with Jen Rice Consults • Supplemental Budget Request
PROFESSIONAL SERVICES AGREEMENT
CITY OF FORTUNA
PROFESSIONAL SERVICES AGREEMENT
This Agreement (“Agreement”) for professional services is made on February 3, 2025 (“Effective Date”), between the City of Fortuna, a California municipality (“City”), and Jen Rice, an individual doing business as Jen Rice Consults (“Consultant”).
RECITALS
A. The City desires to retain a facilitator to help with staff and public engagement to create shared purpose and priorities across the community to help inform the City Council and staff, and;
B. Consultant possesses the necessary knowledge, skill, experience, and qualifications to provide professional planning services to the City.
AGREEMENT
WHEREAS, in consideration of this Agreement, and the mutual promises, covenants and stipulations contained herein, the parties hereto agree as follows.
1. Scope of Services. Consultant shall provide to City professional facilitation services. Facilitation services are described in the Scope of Services attached hereto as Attachment A and incorporated herein (“the Services”). Only the City Manager may authorize changes or additions to the Services.
2. Term. This Agreement shall become effective on February 3, 2025 and shall expire on December 31, 2025, unless terminated sooner in accordance with Section 15 of this Agreement. This agreement may be extended three additional years following a renegotiation of fee schedule and agreement by both parties.
3. Compensation. For the full and satisfactory completion of the Services, City shall compensate Consultant on a time and materials basis per Attachment A for facilitation services and agreed upon not to exceed amount of $18,810.
4. Allowable Reimbursable Expenses. City will not compensate Consultant for any Reimbursable Expenses without prior written authorization.
5. Payment. City shall pay Consultant for Services satisfactorily provided during each calendar month following within thirty (30) days following City receipt and approval of a detailed invoice. The invoice must include, at a minimum:
5.1 A description of the specific Services provided,
5.2 the name of the individual providing the Services,
PROFESSIONAL SERVICES AGREEMENT
5.3 the date(s) upon which the Services were provided,
5.4 the time spent providing the Services,
5.5 the amount due for the Services and the basis for calculating the amount due, and
5.6 an itemized summary of Allowable Reimbursable Expenses (if applicable and authorized by City).
6. Key Personnel. Key Personnel are any individuals that are designated by name in the list below. In the event the Consultant desires to substitute any Key Personnel, either permanently or temporarily, or utilize any subconsultants not approved by the City, the Contractor shall provide written notice to the City of the proposed substitution and the City shall have the right to disapprove the proposed personnel change by written notice to the Consultant.
Name Title Contact Information
Jen Rice Owner (707) 227-2818
[email protected]
7. Prevailing Wage Laws. Services by persons deemed to be employees of Consultant possibly may be subject to prevailing wages under California Labor Code Sections 1770-1781. Consultant has the sole responsibility to comply with those requirements, should they apply. If a dispute based upon the prevailing wage laws occurs, Consultant, at its expense, shall indemnify, defend (including Consultant’s providing and paying for legal counsel for City), and hold harmless City, its officers, agents, employees, and representatives from and against all liability, claims, suits, demands, damages, fines, penalties, wages, costs, or expenses pertaining to the prevailing wage laws.
8. Independent Contractor. The parties agree that Consultant must act as an independent contractor under this Agreement and must have control of the work and the manner in which it is performed. Consultant is not an employee of the City and is not entitled to participate in any pension plans, insurance, bonus or similar benefits that the City provides to its employees.
9. Consultant’s Warranties.
9.1 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with generally accepted professional practices and standards for Consultant’s profession in the state.
9.2 Consultant warrants that all Services provided under this Agreement shall be performed in accordance with applicable federal, state, and local laws and regulations, including, but not limited to, conflict of interest laws.
PROFESSIONAL SERVICES AGREEMENT
9.3 Consultant warrants that Consultant has no present interest which would conflict in any manner with the performance of Services on the City’s behalf.
9.4 Consultant has specialized, skill, knowledge and experience providing the Services.
9.5 Consultant represents that they are engaged in an independent calling and has complied with all local, state, and federal laws regarding business permits and licenses that may be required to carry out the independent calling and to perform the Services.
10. Notice. Any notice, billing, or payment required by this Agreement must be made in writing, and sent to the other party by personal delivery, U.S. Mail, a reliable overnight delivery service, facsimile, or by e-mail as a .pdf (or comparable) file. Notice is deemed effective upon delivery unless otherwise specified. Notice for each party shall be given as follows:
City: Consultant:
City of Fortuna Jen Rice
621 11th Street 2404 17th Street
Fortuna, CA 95540 Eureka, CA 95501
Office: (707) 725-1408 (707) 227-2818
Attention: Amy Nilsen
[email protected]
[email protected]
11. Indemnification. Each party hereto (hereafter, “indemnifying Party”) shall indemnify, defend and hold harmless the other party, its officers, agents, employees and volunteers against any loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including but not limited to reasonable attorney fees, arising from or relating to any negligent or wrongful act or omission of the Indemnifying Party, its officers, agents or employees, which occurs in the performance of, or otherwise in connection with, this agreement, but only in proportion to and to the extent such loss, cost, damage, expense, claim, suit, demand, or liability of any kind or character, including reasonable attorney fees, is caused by or results from the negligent or wrongful act or omission of the Indemnifying Party, its officers, agents, or employees.
12. Insurance. Before providing any services under this Agreement, Consultant shall be required to procure and provide proof of the insurance coverage required by this section in the form of certificates and endorsements.
The required insurance must cover the activities of Consultant and its employees, agents, or subcontractors relating to or arising from the performance of services under this Agreement, and must remain in full force and effect at all
PROFESSIONAL SERVICES AGREEMENT
times during the term of the Agreement. All required insurance must be issued by an insurer licensed to do business in the State of California, and each such insurer must have an A.M. Best financial strength rating of “A” or better and a financial size rating of “VIII” or better. If Consultant fails to provide any of the required coverage, City may, at its sole discretion, purchase such coverage at Consultant’s expense and deduct the cost from payments due to Consultant.
12.1 The following insurance policies and limits are required for this Agreement:
12.1.1 Commercial General Liability Insurance (“CGL”).
Consultant will file with the City before beginning professional services, certificates of insurance satisfactory to the City evidencing general liability coverage of not less than $1,000,000 per occurrence for bodily injury, personal injury and property damage; auto liability of at least $1,000,000 for bodily injury and property damage each accident limit; workers’ compensation (statutory limits) and employer’s liability $1,000,000 (if applicable). The general liability coverage is to state or be endorsed to state (i) “such insurance shall be primary and any insurance, self-insurance or other coverage maintained by City of Fortuna, its officers, employees, or authorized volunteers shall not contribute to it” and (ii) the inclusion of more than one insured shall not operate to impair the rights of one insured against another, and the coverages afforded shall apply as though separate policies have been issued to each insured.
The general liability coverage shall give the City, its officers, employees, and authorized volunteers insured status using ISO endorsement CG2010, CG2033, or equivalent. In the event that the Consultant employs other consultants (sub-consultants) as part of the Services covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each subconsultant meets the minimum insurance requirements specified above.
12.1.2 Workers’ Compensation Insurance. By his/her signature hereunder, Consultant certifies that it/he/she is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and that Consultant will comply with such provisions before commencing the performance of the professional services and work under this Agreement. Consultant and subconsultants will keep workers’ compensation insurance for their employees in effect during all Services covered by this Agreement.
PROFESSIONAL SERVICES AGREEMENT
12.2 Each certificate of insurance must state that the coverage afforded by the policy or policies shall not be reduced, cancelled or allowed to expire without at least thirty (30) days written notice to City, unless due to non-payment of premiums, in which case at least ten (10) days written notice shall be made to City.
12.3 Each required policy must include an endorsement providing that the carrier agrees to waive any right of subrogation it may have against City.
12.4 If any of the required coverages expire during the term of this Agreement, the Consultant shall deliver the renewal certificate(s) including the general liability additional insured endorsement to the City at least ten (10) days prior to the expiration date.
13. Non-Exclusive Services. The parties understand and agree that the Services are provided to City on a non-exclusive basis, meaning Consultant retains the right to provide the same or similar services for other clients and City retains the right to contract for the same or similar services by others.
14. Dispute Resolution. In the event that any dispute arises between the parties in relation to this Agreement, the parties agree to meet face to face as soon as possible to engage in a good faith effort to resolve the matter informally.
In the event that any dispute arises between the parties in relation to this Agreement, and the dispute is not resolved by informal discussions, the parties agree to submit the dispute to mediation.
14.1 Either party may give written notice to the other party of a request to submit a dispute to mediation, and a mediation session must take place within sixty (60) days after the date that such notice is given, or sooner if reasonably practicable. The parties shall jointly appoint a mutually acceptable mediator. The parties further agree to share equally the costs of the mediation, except costs incurred by each party for representation by legal counsel.
14.2 Good faith participation in mediation pursuant to this Section is a condition precedent to either party commencing litigation in relation to the dispute.
15. Early Termination.
15.1 Termination for Convenience. Either City or Consultant may terminate this Agreement for convenience by giving ten (10) calendar days written notice to the other. In the event of termination for convenience, the
PROFESSIONAL SERVICES AGREEMENT
City shall pay Consultant for services satisfactorily provided up to that date in accordance with the schedule of fees and costs set forth in Attachment A.
15.2 Termination for Cause. If either party breaches this Agreement by failing to timely or satisfactorily perform any of its obligations or otherwise violates the terms of this Agreement, the other party may terminate this Agreement by giving written notice five (5) calendar days prior to the effective date of termination, specifying the reason and the effective date of the termination. Consultant shall be entitled to payment for all services satisfactorily provided up to the effective date of termination, except that the City may deduct from that payment the amount of costs the City incurred, if any, because of Consultant’s breach of the Agreement.
15.3 Upon Termination. Within seven (7) days of the effective date of termination, whether for fault or for convenience, Consultant must deliver, without further cost to the City, all documents and work product prepared for the City pursuant to this Agreement. Within thirty (30) days of Consultant’s delivery of all such documents and work product to the City, the effective date of termination, the City will pay Consultant for all undisputed and approved invoices for services provided under this Agreement.
16. Work Product. City shall be the sole owner of all rights to any work product in any form which has been prepared by Consultant on City’s behalf pursuant to this Agreement, unless otherwise specified in writing by the parties.
17. General Provisions.
17.1 Assignment and Successors. Neither party may transfer or assign its rights or obligations under this Agreement, in part or in whole, without the other party’s prior written consent. This Agreement is binding on the heirs, successors, and permitted assigns of the parties hereto.
17.2 Third Party Beneficiaries. There are no intended third party beneficiaries to this Agreement.
17.3 Nondiscrimination. Consultant shall comply with all applicable federal, state and local laws, rules and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, disability, or other prohibited basis. All nondiscrimination rules or regulations required by law to be included in this Agreement are incorporated by this reference.
17.4 Choice of Law and Venue. This Agreement shall be governed by California law, and venue shall be in the Superior Court for the county in which City is located, and no other place.
PROFESSIONAL SERVICES AGREEMENT
17.5 Severability. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable, in part or in whole, the remaining provisions, or portions of the Agreement shall remain in full force and effect.
17.6 Amendment. No amendment or modification of this Agreement shall be binding unless it is in a writing duly authorized and signed by the parties to this Agreement.
17.7 Provisions Deemed Inserted. Every provision of law required to be inserted in this Agreement shall be deemed to be inserted, and this Agreement shall be construed and enforced as though included. If it is discovered that through mistake or otherwise that any required provision is not inserted, or not correctly inserted, this Agreement shall be amended to make the insertion or correction.
17.8 Entire Agreement. This Agreement constitutes the final, complete, and exclusive statement of the terms of the agreement between the parties regarding the subject matter of this Agreement and supersedes all prior written or oral understandings or agreements of the parties.
17.9 Attachments. If any provision in any attachment to this Agreement conflicts with or is inconsistent with the provisions set forth in the body of this Agreement, the provisions set forth in the body of this Agreement shall control over the conflicting or inconsistent provisions in the attachment.
17.10 Waiver. No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
17.11 Force Majeure. If either party is delayed or hindered in or prevented from the performance of any act required hereunder because of strikes, lockouts, inability to procure labor or materials, failure of power, riots, insurrection, war, fire or other casualty, or other reason beyond the reasonable control of the party delayed, excluding financial inability (“Force Majeure Event”), performance of that act shall be excused for the period during which the Force Majeure Event prevents such performance, and the period for that performance shall be extended for an equivalent period. Delays or failures to perform resulting from lack of funds shall not be Force Majeure Events.
PROFESSIONAL SERVICES AGREEMENT
17.12 Headings. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision in this Agreement nor affect any of the rights or obligations of the parties to this Agreement.
17.13 Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute one instrument.
17.14 Authorization. Each individual executing this Agreement, or its counterpart, on behalf of the respective party, warrants that he/she is authorized to do so and that this Agreement constitutes the legally binding obligation of the entity which he/she represents.
17.15 Attorneys’ Fees. If any legal action or proceeding is brought between the City and Engineer arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorneys’ fees and costs, including the attorneys’ fees and costs for any arbitration, appeal, or enforcement of judgment.
The parties agree to this Agreement as witnessed by the signatures below:
CITY: CONSULTANT:
________________________________ __________________________ s/_______________________________ s/_________________________ ________________________________ __________________________ Name/Title [print] Name/Title [print]
Date: ___________________________ Date: ______________________ Attachments:
Attachment A: Scope of Services and Budget
City of Fortuna:
Synergy to Strategy
Winter-Spring 2025
[email protected]
707.227.2818
Proposed
Results “Door to Door” Listening Campaign - Demonstrate the listening and understanding our community needsby engaging a sampling of the community more deeply than “public input” processes, often largely complete before the community weighs in. Seek out those who struggle, who don’t feel engaged, well-connected influencers, and business and partner interests. Reflect back to the community at large what was learned to seek further insights and feedback about their ideal future and priorities for Fortuna. Synergy arising from their workthen drives strategy development.
Why Synergy to Strategy?Effective public engagement helps City leaders proactively understand community priorities –before "experts" draft proposals to seek input –by first asking about and listening to residents' hopesfor their families, their struggles, and what would tangibly improve lives and futures. Going in curious, without an agenda, then reflecting back what the City has heard for feedbackstrengthens residents' role in government, builds insupport for initiatives and allocation of resources, trust and understanding, and meets needs. City Hall decision-making and priorities are, more than informed, driven,by residents.
Clear Guidance &
Transparency Candi
d sharing from the heart provides
rich, honest, inspiring
opportunities to co-create
meaningful,tangible results –
together. Transparently keep what
is working and toss what isn’t. The
final guiding document is familiar
to the community --it camefrom
them. This information becomes
clear guidance for virtually
everyCity Hall undertaking.
Sleek Government
Tailor vision, values,
purpose, focus, priorities,
initiatives, and policies
driven by the community.
Being in sync with the
community, and vice versa,
is efficient use of time and
resources . Residents who
are understood and have
“skin in the game” become
City partners.
Enhance
Adaptive
Leadership
Skills &
Learning
Mindset
For electeds, city staff,
and, to the extent
they participate,
community leaders to
be better able to
serve us in these
times of “standard
operating
City Hall Cohesion,
Confidence A shared
sense of purpose, priorities,
"how we do business” and a
team with clear common
ground. Refreshed, stronger
connections with and
understanding of 1) a crosssection of the community and partners and 2) City leaders and
staff. Stronger relationships
makes tough but necessary
conversations easier.
Community As
Partner Clear, updated
community ideals and
priorities that serve as a
north star for City Hall –not
just in a report, but, more
effectively, as personal
experience. Refreshed
sense of community values,
identity, and future
opportunities. Community
and City Hall on the same
page.
City of Fortuna: Purpose, Tasks &
Timeline
Conduct
Interviews &
Upload
Summaries
2-Hour
(+1 optional)
Interviews
Synthesis
*
Email to participants
and public notice with
report and date of
Council review
TBD Followup Task
Forces
Internal
Invite Email:
Purpose
& scheduling
Confirmation
&
Scheduling:
Process steps
and in-house
participants'
schedule
confirmation
TBD Followup:
Support for task forces to refine and
apply experiments, feedback loops,
refinement, public reporting.
Implementation coaching.
Project Purpose: City Council and staff listen to community members and each other to surface, understand, and clarify City values, purpose, and priorities to guide leadership transition, team-building, organizational culture and structure, strategy, agreements, and decision-making – all in a way that invests in relationships, partnerships, cohesion, transparency with, and relevancy to the community at large.
1. Community
2. Staff*
2hr Interview Training,
Practice & Strategy
Devt
Participation
Half Day
Public
Strategy
Design
Session
Followup Meetings with Design Team to review results,
plan interviews synthesis and strategy session, and create prep emails
*Alternative approach: 2-hour community interviews
synthesis occurs before and informs staff interviews
Online
Tracking Deck
for Interviewers
with agreements
and next steps:
guidance for
interview
invitations,
conduct, and data
management
Followup &
Prep Email
to
participants
Internal Tasks
Visual
Report of
Results:
group products,
summaries of
findings,
priorities, next
steps
Visual
Summary
of Results:
findings,
questions,
priorities,
next steps
External Invite
Email
Public Outreach
Begins
Initial
Design
Team
meetin
g
One-Day Staff
Design
Session
February March April May June July August September
PHASE 1
Confirm Approach, Set Schedule & Design Team, Draft Participant Communications & Stay In Touch • Establish roles, planning and scheduling process timeline/deadlines, interviews, and convening/s. • Identify and confirm several "design team" (DT) members to guide and provide feedback on process design and participants' engagement. • Draft invite, prep and followup email communications and advance preparatory materials for review and feedback by DT before sending to participants (see timeline). • Regular check-ins with City Manager to review information as it emerges, perspectives evolve, and to adapt approach/scope as needed.
Conduct Listening Sessions start with a sampling of community members, then engage staff/Council. A short training will be necessary for those conducting external and internal listening sessions to practice (usually unfamiliar) relational interviewing and to plan engagement, outreach, roles, and timelines. Where candor is sensitive or some coaching would be helpful, consultant can lead several listening sessions. Participants upload result summaries based on a coding system to maintain participant anonymity.
Plan & Facilitate Convening 1, Listening Sessions Data Analysis staff listeners review anonymous passages and quotes from interviews to develop a shared initial understanding, analysis, and insights about City purpose, identity and vision, operational and decision-making guidance, strategic opportunities, priorities, and to plan the public design session and outreach for it. Prepare results for public design session. Optional: involve external DT members in analysis and co-ownership of results.
Produce Tracking Deck & Visual Summary as a compilation of interviews guidance, data synthesis, group products and agreements from DT, each training/convening, and related learning resources – for internal use.
PHASE 2
Plan & Facilitate Convening 2, Public Design Session from results of data synthesis to strengthen participants' relationships and partnerships, identify and collaboratively develop conceptual proposals for a community-wide sense of purpose/vision, priorities, experiments with feedback loops, recommendations, and strategic timeline/s.
Staff assist with community engagement. Add: translation services for Spanish-speaking participants and, for large public turnout, a skilled co-facilitator.
Visual Report will summarize listening session results and design session products, options, recommendations, and leadership resources.
Plan & Facilitate Convening 3, Staff Strategy Design Session to support staff to strengthen group cohesion and motivation while debriefing and translating public engagement results into a clear internal shared purpose, priorities, strategic timeline, and Council update. Practice adaptive leadership skills necessary to achieve desired interests -- key factors in leading effectively during turbulent times. Results will be added to internal tracking deck.
Proposed Phases & Steps
Listening for Synergy
Data from careful listening illustrates areas of opportunity where ideals, values, and interests intersect. When groups process (anonymous) highlights of this data together, they emerge with an empathetic analysis of others' experiences and priorities, a shared sense of purpose, and connection that makes planning and implementation much (in many cases, radically) more productive. Participants who analyze results:
• See themselves represented, realize they have much in common with others • Better understand the necessary tensions to be balanced • Forge stronger relationships and partnerships that smooth out challenging conversations and decisions
• Acknowledge what is working to do more of it
• Spark, explore, and prioritize bold opportunities
• Identify how to meet many needs with one action
• Co-create and co-own fresh, tailored results, design criteria, experiments/ probes/pilots, policies, and projects – together
Generative Listening: with a "beginners mind," no agenda or pre-determined outcomes, seeking out, listening to, learning from, and reflecting back wisdom from diverse perspectives.
What emerges? Patterns -- shared values, interests, ideals, themes, and priorities.
Relational interviews and small group discussions are designed to surface what people deeply care about, believe, and hope for, plus experience and knowledge they wish to share. The quality and usefulness of this information and the connections forged is more valuable than anything from surveys or "input" processes. The outcomes help groups efficiently move beyond debate and disagreements.
Guiding
Values
Or
Beliefs
Driving
Interests
Motivating
Intent or Ideals
Synergy
Shared Purpose
Tensions to Balance
Design/Decision Criteria
Stronger Relationships &
Partnerships
Priority Mindsets,
Strategies, Practices &
Pilots
Agreements
Scope Phase & Task Days Consulting
Time* Expenses** JRC Solo
Cost
Staff-Assisted
Cost***
1.1 Preparation & Communication: refine/confirm approach, schedule, roles; meet with City Manager to adjust as project proceeds. Draft/refine communications to participants with clear instructions and preparatory materials. 2.0 $2,800 $90 $2,890 $2,890
1.2 Form & Convene Design Team: provide guidance on DT selection and DT formation. Plan, facilitate 3 DT meetings to plan/debrief listening campaign and data analysis convening. Draft outreach, incorporate DT feedback. Provide updates, keep communication flowing. 1.5 $2,210 $150 $2,360 $2,360
1.3 Listening Sessions Training: provide up to 30 people with relational interviewing guide, 2.5-hour training and practice waiver form, interview notes capture/upload/management system, develop criteria for and list of target interviewees, draft invitations, plus 1 hour for those who can stay to co-create outreach strategy and assignments, identify roles and next steps. 1.0 $1,400 $75 $1,475 $1,475
1.4 Listening Sessions & Data Management: conduct 5 mentoring interviews. Support, coach interviewers. Collect, synthesize, coalesce, and transcribe data from 20 1-hour community interviewsinto materials for convening preparation. Support staff interviews data transcription. 5.0 $6,830 $140 $6,970 $4,530
1.5 Convening 1, Listening Sessions Data Analysis: coalesce listening sessions data into advance preparatory materials for convening. engage interviewers and DT in 2.5-hour review of results and generation of insights, conceptual City purpose/vision, proposals and recommendations/strategy for Convening 2. 2.0 $2,600 $0 $2,600 $1,820
1.6 Tracking Deck & Visual Summary: compile and provide access to agreements from DT, listening session approach, guidance, data synthesis, group products and agreements after each training/convening, and related learning resources. 1.8 $2,440 $75 $2,515 $2,260 Phase 1 Subtotal 13.3 $18,280 $530 $18,810 $15,335
2.1 Design Team & Outreach: convene DT twice to plan public design session and to draft materials for City to relate purpose, outcomes from Phase 1, and an invitation to participate in the public design session. 1.0 $1,400 $100 $1,500 $1,350
2.2 Convening 2, Public Design Session: engage public in 2.5-hour review of interviews results, addition of their insights and drafting of a City purpose/vision, conceptual proposals and recommendations. 3.2 $4,420 $260 $4,680 $4,680
2.3 Convening 3, Staff Strategy Session: support staff to translate public engagement results into shared purpose, priorities, strategic timeline, develop group cohesion and motivation. Add results to internal tracking deck. 3.8 $5,135 $260 $5,395 $4,320
2.4 Visual Report: compilation of resultsfrom interviews and convenings including interviews data synopsis, themes, insights, recommendations aboutpurpose/vision/mission, priorities, pilots, and a strategic timeline. 3.0 $3,900 $0 $3,900 $1,950 Phase 2 Subtotal 11.0 $14,855 $620 $15,475 $12,300
Project Total 24.3 $33,135 $1,150 $34,285 $26,055 *Consulting time: daily rate at $1300 plus travel time at half cost. Each convening includes planning, design, prep materials, venue prep, facilitation, and results processing. Does not include arranging venue logistics or internal scheduling. **Convening materials and mileage. Does not include convening food/drinks, venue expenses. ***Staff-assisted cost is discounted for staff support with some tasks like listening session data processing, convening results processing, convening space setup, etc...
Options Not Included in Current Scope
TRANSLATORS & CO-FACILITATORS for PUBLIC ENGAGEMENT: Spanish-language translators for interviews and/or (necessary for) large/small groups at public design session. Skilled co-facilitator/s if large crowd is anticipated. Humboldt Area Foundation usually has translation equipment available on loan.
FOLLOW-UP TASK FORCES: this approach is a shift from traditional public engagement to more tangible participation in governance – Task Forces are an opportunity to identify and engage those most interested in helping the City co-create and test pilot efforts arising from public interests. If desired, support for small community task forces can be added.
VIDEOGRAPHY &/OR PHOTOGRAPHY: capturing brief interviews with participants for a catalog of material to promote City efforts and transparency via social media, website, staff/council onboarding, and more. Shareable short videos or photo stories can be crafted for Design Session outreach, to start.
TURNING DESIGN SESSION OUTCOMES INTO CITY DOCUMENT DRAFTS: work with City staff to draft City guidance from process outcomes for review by Council.
COACHING: making and sustaining shifts to work in new ways – like maintaining agreements that support a healthy organizational culture and applying adaptive leadership skills – is easier, more effective, and efficient with a thinking partner to consider challenges, necessary changes and support, and self-reflection with a knowledgeable third party. Leaders with a thought partner feel less alone and more supported, effective, and accountable.
Examples of Outcomes from Other Listening Campaign-Informed Design Sessions in the Region
Options & Examples
ALDERPOINT COMMUNITY WORKSHOP – Jen designed and
facilitated a workshop in Alderpoint to surface and incorporate community expertise and feedback into the Great Redwood Trail Master Plan. Other public engagement efforts in that process were poster sessions that offered participants options, for instance, of a range of trail and restroom design alternatives. Instead, Jen contacted many landowners in the Eel River Canyon to ask about their individual interests, ideas, and hesitations. She displayed the results at a workshop in Alderpoint for the 75 participants who attended to review, refine, and then, in work groups, develop recommendations on priority topics like safety and economic development. The Great Redwood Trail Agency recently noted that it was the only part of the Master Planning process that generated trusting relationships and partnerships with community members and organizations like the Alderpoint VFD plus a viable community-led effort to pursue route assessment and planning.
CRESCENT CITY YOUTH – After a listening
campaign with dozens of middle-school aged
youth in Crescent City about what would
most improve their lives, the majority
answer was very surprising: restrict the
ability to steal alcohol at local supermarkets.
Many youth were dismayed that so many
friends were becoming alcoholics and
dropping out of school because it was so easy
to steal alcohol. A group of youth were
facilitated to create a plan to make a request
of each local supermarket to change
management and location of alcohol in their
stores. They all complied, even obtaining
permission from national offices.
WEITCHPEC LISTENING CAMPAIGN – In an effort to
understand what Native communities around the Trinity-Klamath confluence felt would be most effective ways to support longterm community health and wellbeing, Jen's team listened to dozens of individual households about what they dreamt about for their children, what kept them up at night, and
key opportunities. The vast majority felt that restoring fire to the landscape would be the single most important action to take for healthy landscapes, foods, salmon and deer habitat, and safety.
Interested participants met and, to achieve that ideal, prioritized development of a Yurok Fire Plan, changing state policy to allow tribes to lead prescribed fire efforts, and to begin burning. They achieved those goals within a couple of years, formed a nonprofit to lead these efforts, have lit and managed hundreds of fires, and teach fire professionals from around the country and world.
Jen leads with insight,
creativity, courage,
experience, and
thoughtfulness. She has
both on-the-ground and
high-level strategy
expertise that she uses to
ensure collaborative
outcomes are “just right”
for the process.
I admire her creativity and
commitment to kindness
and inclusivity.
- State Agency Project
Manager
Bio & Qualifications Highlights
Recent consulting projects include:
• Conducting an internal and external listening campaign and using the results to convene County department leaders working to establish common ground in climate resilience, enabling them to develop a shared purpose, a definition, collaborative strategy, and culture supportive of achieving internal and external ability to adapt and thrive. • Supporting a City's culture, structure, and strategic direction to evolve under new leadership. • Designing and leading a tailored outreach and engagement process for remote rural residents who likely had never been engaged in a public planning process before, ensuring their on-the-ground knowledge, perspective, questions, hesitations, and ideas shaped the plan and that residents and community organizations developed relationships and partnerships with the lead state agency. • Convening tribal nations of four Northern California counties to surface lessons learned and shared interests in economic development efforts that support Native self-determination, wellbeing, and regional sustainability. • Helping the large board of an emerging nonprofit serving Northern California establish a clear shared organizational purpose and strategic timeline for beginning to offer educational and operational services. • Convening an innovative leadership group, the management team, and then all staff of a statewide watershed restoration nonprofit to evolve organizational culture to become more relevant to and engaging partner of diverse communities and tribal nations. • Convening a host of organizations, governments, tribes, churches, and businesses to form a regional, collaborative community-led disaster response network – the Humboldt County Community Organizations Active in Disaster. Deployed and co-led a 3-month community response to two damaging earthquakes compounded by 11 atmospheric rivers.
Jen Rice combines perspective from degrees in Organizational Development and Leadership (Fielding Graduate University, '22) and Natural Resource Management (HSU, '94) with experience from a varied career that has included federal land management and fire suppression, nonprofit watershed restoration, innovative community and collaborative engagement for regional planning and development efforts, organizational leadership, strategy, and capacity-building, grantmaking, teambuilding, mentoring, relational organizing, human-centered design, and catalyzing multi-sector networks focusing on active transportation, energy resilience, regional disaster preparedness, and more.
Throughout, Jen has utilized engaged facilitation practices to help groups of organizations and community leaders navigate complex issues together with collaborative innovation. She intentionally seeks out and engages experience and leadership from historically marginalized and struggling members of our communities.
As a nonprofit and philanthropy leader who worked with the "grassroots to the treetops" to tangibly improve communities for 25 years between Redwood Community Action Agency's Natural Resources Services and Humboldt Area Foundation, Jen is adept at creating self-evolving teams, organizations, and "communities of practice" as the world changes ever more rapidly around them.
The common thread through Jen's rich career is bringing diverse groups together to visualize and co-create new realities together -- while becoming better, more resilient humans, organizations, and communities in the process.
CITY OF FORTUNA
SUPPLEMENTAL BUDGET REQUEST
Requesting Department:
Fund Name/s Amended:
Fund #/s Amended:
City Manager
General Fund
100
Packet #
JV #
Prepared By
Checked By
Post Date
Intra‐Department Budget Transfer
Other Budget Transfer
REVENUES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
TOTAL 0.00 0.00 0.00
EXPENDITURES
Account Description Account Number Current Budget Proposed Amendments
Amended
Budgets
Professional Services 100-6025-1400 32,000.00 18,810.00 50,810.00 TOTAL 32,000.00 18,810.00 50,810.00
PURPOSE
Department Head: Date:
Finance Director: Date:
City Manager: Date:
Supplemental Budget Request for Professional Services Agreement with Jen Rice Consults to help the City with prioritizing community feedback and priorities. Taken before Council for approval at February 3, 2025 Regular Council Meeting. ✔ New Budget Appropriation
Additional Budget Appropriation
STAFF REPORT
City Council Business Item
DATE: February 3, 2025
TO: Honorable Mayor and Council Members
FROM: Heather Leigh Stevens, Parks and Recreation Director THROUGH: Amy Nilsen, City Manager
SUBJECT: Approve the Transfer of 11 Hours per Week from Recreation Part-Time to Transit Part-Time Allocation
STAFF RECOMMENDATION:
Approve the transfer of 11 hours per week (572 hours per fiscal year) from Recreation Part-Time to Transit Part-Time allocation.
BACKGROUND:
The City of Fortuna Parks and Recreation Department operates a transit system for seniors and disabled citizens. Fortuna Transit buses operate M-F 8:30am to 4pm with calls for rider scheduling beginning at 8am. Currently, a dispatcher is needed to schedule rider appointments and dispatch drivers during this timeframe. Part-time transit dispatch hours are currently allocated at 29 hours a week (1500 hours per fiscal year).
Historically, the Parks and Recreation Transportation/Recreation Administrative Supervisor position provided direct transit support and supervision. In the last year, the position was dissolved and replaced with an Administrative Assistant II. Leaving the majority of dispatching duties to one part-time Transit Dispatch/Office Assistant. With the upgrade to CivicRec software for program registration and rental reservations, and the transition of management of the Monday Club to the Parks and Recreation Office, the Parks and Recreation administrative functions have expanded. Further, with the mandated reduction of part-time staff weekly maximum hours from 29 to 27, as well as considering the need for transit dispatch coverage 40 hours a week, M-F 8am-4pm, additional part-time hours are needed in the Transit Division to ensure trained coverage and customer responsive service.
Due to restructuring the staffing schedule for camp programs (including the addition of a new part-time classification allowing for seasonal full-time hours) and increased involvement by full-time staff in the functions of the Recreation Division, there has been significant savings in part-time hours. Part-time Recreation Division hours for July-December 2023 were 5,256.5.
At the close of Fiscal Year 23-24, Recreation Division part-time hours were below budget by 278.25 hours. Total current part-time Recreation Division hours for July-December 2024 are 4,240.5. We are continuing to realize reduction in Recreation Division part-time hours.
Staff recommend the transfer of 11 part-time hours per week (572 hours per fiscal year) from Recreation to Transit to ensure dispatch coverage during transit operating hours. The increase in 11 part-time hours per week added to the current allotment of 29 hours per week will allow Business Item 5h
Business Item 5h
for two part-time positions (20 hours per week) to ensure cross-training, dispatch coverage and transit support.
Additionally, staff has begun to explore opportunities to reduce transit staffing demands, ways to leverage technology to streamline dispatch processes, strategies to meet fare box requirements and opportunities for increased funding sources to meet California vehicle requirements. Efforts will continue through discussions with Humboldt Transit Authority. Plans are being explored for a Parks and Recreation Study Session with Council, as well as the creation of a Transit Ad Hoc Committee, for a more in-depth review of Transit operations.
FISCAL IMPACT:
The transfer of 572 hours for fiscal year 2024-25 from the Recreation Leaders position allocation to the Transit/Office Assistant position allocation results in no overall fiscal increase. The Recreation Leader is paid 100% from the General Fund while the Transit/Office Assistant is paid 40% from the General Fund and 60% from the Transit Fund. However, no Supplemental Budget Request is needed due to salary savings for fiscal year 2024-25 in the Transit Fund.
Additionally, as stated above the Administrative Assistant II is taking on more duties outside of Transit and therefore the amount charged to the Transit Fund is under review. This could ultimately offset the increase to the Transit Fund. The results of this review will be included into the FY 2025-26 budget and shared with Council during the budget process.
COUNCIL ACTION:
1. Receive staff report and review questions with staff
2. Open Public Comment
3. Close Public Comment
4. Motion to approve the transfer of 11 hours per week (572 hours per fiscal year) from Recreation Part-Time to Transit Part-Time allocation. Voice vote.
City Manager’s Report
STAFF REPORT
City Manager's Report
DATE: February 3, 2025
TO: Honorable Mayor and City Council Members
FROM: Amy Nilsen, City Manager
1. Upcoming Council Meeting Dates
*Special Meeting/Workshop
Tuesday, February 18, 2025
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
Monday, March 3, 2025
6:00 p.m.
Regular City Council Meeting
Council Chambers at City Hall
2. Upcoming Planning Commission Meeting Dates
Tuesday, February 11, 2025
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
Tuesday, February 25, 2025
6:00 p.m.
Regular Planning Commission Meeting
Council Chambers at City Hall
3. Upcoming Measure E Meeting Dates
Wednesday, March 18, 2025
5:30 p.m.
Regular Measure E Meeting
Council Chambers at City Hall
4. Upcoming Rohner Community Recreation and Park District (RCRPD) Meeting Dates Wednesday, February 5, 2025
2:30 p.m..
Special RCRPD Meeting
Council Chambers at City Hall
Wednesday, March 5, 2025
2:30 p.m.
Regular RCRPD Meeting
Council Chambers at City Hall
5. Upcoming Fortuna Business Improvement District (FBID) Meeting Dates Tuesday, April 22, 2025
8:30 a.m.
Regular FBID Meeting
Council Chambers at City Hall
6. Verbal Report