PREPARED BY: ALICIA PLATT DATE OF MEETING: 05/19/2025
SUBJECT:
TITLE
CONSIDER ADOPTING RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN PABLO ADOPTING PROCEDURES FOR PUBLIC HEARINGS ON CITY VACANCIES, AND RECRUITMENT AND RETENTION EFFORTS UNDER ASSEMBLY BILL (AB) 2561
CEQA: This proposed action is not a project as defined by CEQA.
Label
CITY MANAGER RECOMMENDATION
Recommendation
Adopt Resolution
Body
Compliance statements
FY 2025-2027 Council Priority Workplan Compliance Statements: The adoption of this Resolution is not directly included in the FY 2025-27 Council Priority Workplan Compliance Statement adopted on April 7, 2025, but is required for the City to be in compliance with state law.
BACKGROUND
AB 2561 was introduced to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency’s governing body at least once per fiscal year. The bill was enacted into law and is codified at Government Code section 3502.3. The new law is effective January 1, 2025.
In compliance with the new legal obligations, the City is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, the City shall present information regarding the status of vacancies and recruitment and retention efforts (Gov. Code § 3502.3(a)(1)) and identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process (Gov. Code § 3502.3(a)(3)).
If the City adopts an annual or multiyear budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget for the City. (Gov. Code § 3502.3(a)(2).)
2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies and recruitment and retention efforts. (Gov. Code § 3502.3(b).) There are four (4) bargaining units at the City (Association of Intermediate Employees (AIE), Operating Engineers, Local 3 (OE3), San Pablo Police Employees’ Association (SPPEA), and San Pablo Police Employees’ Association - Police Management Unit (SPPEA -Mgmt.).
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide additional information during the public hearing, including the following: (1) the total number of vacancies; (2) the number of applicants; (3) the average time to fill positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).)
The recommended Procedure for Public Hearings on City Vacancies, and Recruitment and Retention Efforts (“Procedures”) establishes the framework for holding public hearings in order to comply with AB 2561. (Gov. Code § 3502.3.).
The Procedures set forth requirements regarding the information that the City will provide concerning vacancies at the City, the City’s recruitment and retention efforts, and the identification of changes to City policies, procedures, and recruitment activities. In the event that the vacancy rate in any bargaining unit is at least 20% of the total number of authorized full-time positions in the bargaining unit, the Procedures set forth additional information that the City will provide upon request of the employee organization that represents such bargaining unit.
The Procedures also set forth the legal entitlement for recognized employee organizations to make presentations at the public hearing.
The purpose of the Procedures is to comply with applicable law and to ensure transparency, accountability, and responsiveness to community needs regarding the City's staffing practices.
Procedures for the Public Hearing on City Vacancies and Recruitment and Retention Efforts:
The Procedures for the Public Hearing on City Vacancies and Recruitment and Retention Efforts (“Procedures”) establish protocol for the City’s public hearings on vacancies in order to ensure a fair, orderly and efficient hearing process.
The Procedures set forth specific requirements concerning matters such as the provision of notice to recognized employee organizations regarding the public hearing and their right to make a presentation at the hearing, the length and order of the City’s and the employee organizations’ presentations, and the standards of discourse during the public hearing.
Budget, Fiscal & Legislative Standing Committee
On April 9, 2025, the Budget, Fiscal & Legislative Standing Committee, consisting of Vice Mayor Pabon-Alvarado and Councilmember Ponce, were provided a general overview of all legal obligations regarding public hearing requirements on all City vacancies, and recruitment and retention efforts, pursuant to Assembly Bill 2561 (Government Code Section 3502.3), and that a subsequent policy/procedure would be developed by City staff and presented to the City Council for formal consideration and approval in May 2025.
FISCAL IMPACT
There is no direct fiscal impact associated with conducting the public hearing required under Government Code Section 3205.3. However, addressing recruitment and retention issues may involve future budget and bargaining considerations, which will be presented to the City Council as necessary.
RECOMMENDATION
Adopt the attached Procedures for Public Hearings on City Vacancies and Recruitment and Retention Efforts under AB 2561.
ATTACHMENTS:
Att A - Resolution 2025 - ###
Exh A - Procedures for Public Hearings on City Vacancies, and Recruitment and Retention Efforts under AB 2561.
Att B - AB 2561 Text