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Fortuna City Council
May 18, 2026

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May 18, 2026
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Fortuna City Council
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STAFF REPORT
Business Agenda Item
DATE: May 18, 2026
TO: Honorable Mayor and Council Members
FROM: Matthew Eberhardt, Interim Chief of Police
THROUGH: Amy Nilsen, City Manager
SUBJECT: Hiring Freeze Exception for Part-Time Code Compliance Officer I Position STAFF RECOMMENDATION:

Approve an exception to the current hiring freeze to allow recruitment and appointment to the PartTime Code Compliance Officer I position.

EXECUTIVE SUMMARY:

The Police Department is requesting an exception to the current hiring freeze to allow recruitment and appointment of the existing Part-Time Code Compliance Officer I position.

The current employee serving in this role is a retired annuitant whose employment must conclude due to CalPERS retired annuitant compliance requirements. Specifically, CalPERS rules, including Gov. Code §§ 7522.56, 21221(h), and 21224, limit retired annuitants to temporary appointments, require a bona fide separation from service, and cap employment at 960 hours per fiscal year. These restrictions also prohibit additional benefits or service credit. As a result, the position will become vacant effective June 30, 2026.

The Code Compliance Officer position is responsible for responding to complaints related to debris, unsanitary conditions, overgrown vegetation, nuisance properties, and other municipal code violations throughout the community. The position also assists with inspections, documentation, compliance follow-up, and coordination related to enforcement actions and abatement matters.

Approval of this exemption would allow the City to begin recruitment to maintain continuity of code compliance services and ongoing enforcement matters. This request does not create a new position or increase staffing levels. The position already exists and is currently funded within the adopted budget and proposed budget.

DISCUSSION:

The City recently completed a review of the current retired annuitant appointment associated with the Part-Time Code Compliance Officer I position. Based upon CalPERS retired annuitant requirements and related compliance concerns, the City determined the current appointment must conclude effective June 30, 2026.

As a result, the City will have a vacancy in the Part-Time Code Compliance Officer I position.

Business Agenda Item 5c

Page 2 of 2 ends

The Code Compliance Officer provides ongoing support related to nuisance abatement, municipal code enforcement, public complaints, documentation, inspections, and follow-up on existing compliance matters throughout the community. The position also assists with maintaining case continuity and documentation necessary for enforcement actions and potential legal proceedings.

Without recruitment to fill the vacancy, the City’s ability to respond to code enforcement complaints and continue existing compliance matters would be significantly limited. Delays in enforcement and follow-up may negatively impact neighborhood quality, public health and safety concerns, nuisance abatement efforts, and overall community appearance.

The requested exemption would allow recruitment efforts to continue in advance of the vacancy in order to minimize disruption to ongoing code compliance operations.

FISCAL IMPACT:

No additional appropriation is requested.

The Part-Time Code Compliance Officer I position is an existing budgeted position currently funded through Measure E. Approval of this hiring freeze exemption would not increase authorized staffing levels and would allow continuation of existing code compliance services.

ALTERNATIVES TO STAFF RECOMMENDATIONS:

Deny the exception – Not recommended.

This would leave the position vacant and significantly limit the City’s ability to respond to code enforcement complaints, nuisance abatement matters, and ongoing compliance cases.

Delay recruitment until freeze is lifted – Not recommended.

This would delay the recruitment and hiring process and increase the likelihood of disruption to ongoing code compliance operations and enforcement matters.

RECOMMENDED COUNCIL ACTION:

1. Receive staff presentation and review Council questions

2. Open Public Comment

3. Close Public Comment

4. Motion to approve an exception to the hiring freeze for the Part-Time Code Compliance Officer I Position. Roll Call vote.

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