Fremont City Council Meeting: 05/20/25 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5400) DOC ID: 5400 A
Updated: 5/16/2025 9:11 AM by Dina Lewis A Page 1
HUMAN RESOURCES DEPARTMENT – Public Hearing to Comply with Assembly Bill 2561 (Government Code Section 3502.3) Regarding City's Vacancies, Recruitment and Retention Efforts
Contact Persons:
Name: Tina Gallegos
Title: Human Resources Director
Div/Dept: Human Resources
Phone: 510-494-4652
E-Mail: [email protected]
Executive Summary: Assembly Bill (AB) 2561 requires public agencies, including the City of Fremont, to conduct at least one public hearing per fiscal year to discuss vacancies, recruitment, and retention efforts. This report discusses the City of Fremont’s legal obligations under the new law, which became effective January 1, 2025, and is for informational purposes only.
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. AB 2561 became effective January 1, 2025, and is codified as Government Code Section 3502.3.
DISCUSSION/ANALYSIS: In compliance with the new legal obligations, the City of Fremont is required to do the following:
1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, City staff must present information regarding the status of vacancies and recruitment and retention efforts 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)(1), (3)).
If the City Council 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. There are 9 bargaining units at the City of Fremont and all have been invited to present at the public hearing. (Gov. Code § 3502.3(b).)
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 Council Staff Report (ID # 5400) Meeting of May 20, 2025 Updated: 5/16/2025 9:11 AM by Dina Lewis A Page 2
positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).) As of April 23, 2025, there are no bargaining units with a vacancy rate exceeding 20%.
Bargaining Unit Vacancy Rate
As of 4/23/25
City of Fremont Employee Association (CFEA) 10%
Fremont Association of Management Employees (FAME) 12%
Fremont Police Managers’ Association (FPMA) 0%
Fremont Police Association (FPA) 16%
Fremont Professional Firefighters, International Association of Firefighters (IAFF), Local 1689 7%
Battalion Chiefs, International Association of Firefighters (IAFF-BC), Local 1689 0%
Operating Engineers, Local Union No. 3 (OE3) 5%
Professional Engineers and Technicians Association (PETA) 12% Teamsters, Local 856 5%
FISCAL IMPACT: There is no direct fiscal impact associated with conducting the public hearing required under Government Code section 3205.3.
ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA) does not apply to activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment or is otherwise not considered a project as defined by CEQA Statute §21065 and CEQA State Guidelines §15060(c)(3) and §15378. The public hearing and reporting on vacancy rates, recruitment and retention efforts meets the above criteria and is not subject to CEQA. No additional environmental review is required.
ATTACHMENTS: None.
RECOMMENDATION: Staff recommends that the City Council conduct a public hearing on the status of the City’s vacancies, recruitment, and retention efforts and receive presentations from City staff, as well as any presentations from the recognized employee organization for each bargaining unit, as required by law.