DATE: October 20, 2026
TO: Board of Supervisors
SUBMITTED BY: Douglas T. Sloan, County Counsel
SUBJECT: Amendment to Fresno County Ordinance Code Related to Delegated Authority of County Counsel
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend Fresno County Ordinance Code, Subsection 2.28.010 - County Counsel; waive the reading of the Ordinance in its entirety; and set a second hearing for November 3, 2026;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, Section 25124(b)(1).
REPORT
There is no additional Net County Cost (NCC) associated with the recommended actions. Approval of the recommended actions will allow your Board to conduct the first hearing to amend Subsection 2.28.010 of the Fresno County Ordinance Code (Ordinance) to delegate authority to the County Counsel to expeditiously make certain time-sensitive decisions in legal matters in the interest of public safety and welfare. All decisions made under this delegated authority will be reported to the Board, who may subsequently provide additional or different direction, ratify, or withdraw approval of a particular action. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved by your Board, Subsection 2.28.010 of the Ordinance would remain unchanged, and all decisions proposed to be delegated would continue to require approval of a quorum of the Board at a noticed public meeting.
FISCAL IMPACT:
There is no additional NCC associated with the recommended actions, which allow your Board to conduct the first hearing on the proposed Ordinance.
DISCUSSION:
From time to time, it is necessary to expeditiously make decisions to preserve the County’s rights, and often those decisions need to be made before the Board’s next regularly scheduled meeting. Delegating authority to the County Counsel to make routine or time-sensitive decisions will promote efficiency and will further the interest of public safety and welfare.
The proposed Ordinance contains adequate safeguards to prevent abuse of discretion, which differ depending on the type of action. To initiate code enforcement litigation, the proposed Ordinance requires joint agreement among the County Counsel, County Administrative Officer, and when applicable, the Board member from whose district the matter arises. To appeal or take a writ for an adverse ruling or judgment, or to seek emergency writ relief, it must be a matter that requires action before a regular Board meeting. All decisions made pursuant to the delegation of authority will be reported to the Board, and the Board may subsequently, in its discretion, provide additional or different direction, ratify, or withdraw approval for a particular action taken pursuant to the delegated authority.
The following actions would be the subject of the delegated authority:
• With the approval of the County Administrative Officer and the member of the Board of Supervisors from whose district the matter arises, initiate code enforcement litigation utilizing internal County attorneys, including but not limited to claims for nuisance, code violations, unpaid administrative fines, and related violations of the Unfair Competition Law where authorized by the District Attorney;
• In pending litigation, file a cross-complaint, crossclaim, or counterclaim against an individual or entity, other than a government entity;
• Appeal or take a writ for an adverse ruling or judgment against the County when necessary to preserve the rights of the County before a regular Board meeting will take place;
• Seek emergency writ relief when necessary to preserve the rights of the County before a regular Board meeting will take place;
• Enter a tolling agreement on behalf of the County;
• Seek workplace violence restraining orders and similar relief as needed to protect County staff; and
• Approve common interest and joint defense agreements.
If the recommended actions are approved by your Board, the second hearing will be scheduled for November 3, 2026. If your Board adopts the proposed Ordinance at the second hearing, it will take effect 30 days after adoption.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
Ordinance - Redline
On file with Clerk - Summary of Ordinance
CAO ANALYST:
Amy Ryals