Fremont City Council Meeting: 04/21/26 07:00 PM
3300 Capitol Avenue Div/Dept: Human Resources
Fremont, CA 94538 Category: Labor Relations
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5650) DOC ID: 5650
Updated: 4/17/2026 11:13 AM by Dina Lewis 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, which took effect January 1, 2025, added Section 3502.3 to the Government to require public agencies, including the City of Fremont, conduct a public hearing each fiscal year to discuss the status of its vacancies, recruitment, and retention efforts. The purpose of this report is to satisfy the City of Fremont’s legal obligations under Government Code Section 3502.3 and is for informational purposes only.
Background: The intent of AB 2561(codified as Government Code Section 3502.3) was to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. Among other requirements, Government Code Section 3502.3 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.
If the number of vacancies within a single bargaining unit meets or exceeds 20% of the total authorized full-time position, then additional requirements apply (see below). The City of Fremont has nine bargaining units representing a variety of employee classifications. Currently, vacancies are below the 20% vacancy threshold for all nine bargaining units.
Discussion/Analysis: To comply with its legal obligations under Government Code Section 3502.3, 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, the City must present information regarding the status of vacancies and recruitment and retention efforts and identify any necessary changes to policies, procedures, and Council Staff Report (ID # 5650) Meeting of April 21, 2026 Updated: 4/17/2026 11:13 AM by Dina Lewis Page 2
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 within its bargaining unit (Gov. Code §3502.3(b)).
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of the total number of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the City must provide the additional information during the public hearing regarding 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)).
As of April 1, 2026, there are no bargaining units with a vacancy rate meeting or exceeding 20% of the total number of authorized full-time positions. The table below summarizes the vacancy rate for each bargaining unit:
Bargaining Unit Vacancy Rate
As of 4/1/26
City of Fremont Employee Association (CFEA) 11%
Fremont Association of Management Employees (FAME) 13%
Fremont Police Managers’ Association (FPMA) 0%
Fremont Police Association (FPA) 7%
Fremont Professional Firefighters, International
Association of Firefighters (IAFF), Local 1689 12%
Battalion Chiefs, International Association of Firefighters (IAFF-BC), Local 1689 0%
Council Staff Report (ID # 5650) Meeting of April 21, 2026 Updated: 4/17/2026 11:13 AM by Dina Lewis Page 3
Operating Engineers, Local Union No. 3 (OE3) 11%
Professional Engineers and Technicians Association
(PETA) 18%
Teamsters, Local 856 19%
Fiscal Impact: There is no direct fiscal impact associated with conducting the public hearing required under Government Code Section 3205.3.
Environmental Review: The required public hearing on the City’s vacancy rates, recruitment and retention efforts is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5), and it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance.
Recommendation: Conduct a public hearing on the status of the City’s vacancies, recruitment, and retention efforts and receive presentations from City staff and any recognized employee organizations.