ITEM NO. 9.
TITLE: Commission Appointments, Residency and I
PAGE: POLICY NUMBER:
Attendance Requirements, and Establishing a Quorum 6 of 8 2- 11
2. Each Council member may vote for the same number of applicants as there are current vacancies on the respective Commission. In no case, can a Council Member cast more votes than there are vacancies; or vote for the same candidate more than once on each ballot ( i. e. cumulative voting -- e. g. where there are three vacancies, a Council member may not give all three votes to the same candidate). A Council Member is not required to vote for any of the candidates or for the total number of vacancies available.
3. The Town Clerk shall collect all ballots and shall publicly announce the name of each Town Council member and how that Council member cast his or her vote. In the case of a tie vote, the Town Clerk will announce that there is a tie and that a run- off vote shall be conducted but will not announce the names of the applicants in the run-off. Once all voting is concluded and a decision made, the votes will be made public. The run- off ballot will also include a " None of the above" option.
4. Applicants receiving a majority number of votes shall be deemed appointed to the Commission. In the event of a tie, a run- off vote shall be conducted among the applicants receiving the highest number of votes from the previous round. This shall continue until a majority consensus on an applicant( s) is reached for the number of vacancies to be filled. In the event of an unbreakable tie, the Council may determine an alternative method for selecting the appointee( s) or direct the Town Clerk to re -advertise the vacancy.
5. If an applicant( s) is appointed to a Commission that has vacancies for both full and partial, unexpired terms, the length ofthe appointee' s term will be determined by the Mayor.
B. Mid -Term Recruitments
During the year, Commissions may experience vacancies that drop the number of filled seats to a number of members that is not sufficient to conduct Commission business. The Commission may request the Council to conduct a mid-term recruitment to fill seats. To the extent possible, the Town Clerk will consolidate mid- term recruitments to minimize the number of recruitments occurring throughout the year. In the event of a vacancy on the Planning Commission, the Town will automatically conduct a mid- term recruitment. Midterm recruitments will not be conducted for Youth Commissioners. The Town Clerk shall advertise mid- term vacancies on Commissions for at least 15 days.
Responsibility and Action: Applicant
1. Read the Commission Appointments, Residency and Attendance Requirements, and Establishing a Quorum Policy, complete and submit to the Town Clerk the application for appointment to a Town Commission by the advertised deadline date and time.
2. For adult applicants: Attend the Council meeting to be interviewed for the Commission appointment. The applicant is required to notify the Town Clerk no later than 4:00 p. m. three business days before the scheduled interview date whether they will not attend in person or via teleconference.
3. For student applicants: Attend the Council Selection Committee interview session. The applicant is required to notify the Town Clerk no later than 4:00 p. m. the three business days
ITEM NO. 9.
TITLE: Commission Appointments, Residency and PAGE: TPOLICY NUMBER:
Attendance Requirements, and Establishing a Quorum 7 of 8 2- 11 before the scheduled interview date whether they will not attend in person or via teleconference.
4. If an incumbent Commissioner is requesting reappointment to the same Commission and is not available on the date of the interview, the incumbent must submit a letter by 4:00 p. m. the three business days prior to the interviews, describing the reason why the applicant cannot be present via teleconference or in person for the interview, and why the applicant should be reappointed to the Commission.
S. If appointed, prior to starting the Commission term, appointees are required to attend a Commissioner Orientation and take the ' bath of Office."
6. Attend Commission meetings once term begins.
7. Read the Commissioners' Handbook available online.
Responsibility and Action: Town Council
1. Review applications.
2. For adult applicants — Interview applicants by Commission at a public meeting with all applicants present.
Forstudentapplicants —Town Council Selection Committee interviews applicants. 3.
Determine ifthe incumbents notin attendance and having submitted aletter pursuant tothis Policy should beconsidered forreappointment. 4.
If there are limited applications for any vacancy toa Commission, the Mayor, on behalf ofthe Council, may request that the Town Clerk re -advertise thevacancy, reschedule theinterviews, and notify all applicants ofthe new interview date. REAPPOINTMENT GUIDELINES An
individual
1. who has been removed from a Commission forthe following reasons, may not be reappointed:
Failure tofile the following documents required by the Fair Political Practices Commission Adult Commissioners): a.
Form 700 —Assuming Office, Annual, and Leaving Office when term is complete. b.
Planning Commissioners arealso required tocomplete AB 1234 Ethics Training and file the original certificate with the Town Clerk every two years. 2.
Failure tocomply withall Town Policies, Guidelines, and Handbooks. CONFLICT OF INTEREST Under
the Fair Political Practice Act, a Commissioner has a disqualifying conflict ofinterest ina governmental decision ifit is foreseeable thatthe decision will have afinancial impact onhis or her personal finances or other financial interests. Insuch cases, there is a risk of biased decision - making that could sacrifice the public'sinterest infavor ofthe official's private financial interests. To avoid actual bias or the appearance of possible improprieties, the public official is prohibited from participating inthe decision. While all Commissioners must comply
ITEM NO. 9.
TITLE: Commission Appointments, Residency and I
PAGE: POLICY NUMBER:
Attendance Requirements, and Establishing a Quorum 8 of 8 2- 11 with the Fair Political Practice Act regulations, they should avoid the appearance of a conflict of interest.
The Fair Political Practice Act does not prohibit a Commissioner from participating in a decision simply by virtue of holding a position as a board member, director, officer, or employment with a nonprofit corporation. However, the Town strongly encourages that in the event that a decision concerns a nonprofit corporation for which a Commissioner is a board member, director, officer, or employed with that nonprofit corporation, the person should recuse him or herself and at a minimum shall disclose the potential conflict of interest before any discussion and decision.
APPR V D AS TO FORM:
Usk
Ga riel a Whelan, Town Attorney
ITEM NO. 9.
PREPARED BY: Cheryl Parkman
Human Resources Director
Reviewed by: Town Manager, Assistant Town Manager, Town Attorney, Finance Director, and Town Clerk
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 04/15/2025
ITEM NO: 10
DATE: April 10, 2025
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Accept a Report on the Status of the Town's Vacancies, Recruitments, and Retention Efforts Pursuant to Assembly Bill 2561
RECOMMENDATION:
Accept the report regarding the status of the Town's vacancies, recruitments, and retention efforts pursuant to Assembly Bill (AB) 2561.
BACKGROUND:
Effective January 1, 2025, AB 2561 added Government Code section 3502.3 to the MeyersMilias-Brown Act – the body of law that governs collective bargaining and labor relations at the local government level.
The new law requires local government agencies to comply with the following:
(1) Hold a public hearing before the governing body at least once per fiscal year and present the status of vacancies, recruitment and retention efforts, and identify any necessary changes to policies, procedures, and recruitment activities that may resolve obstacles in the hiring process; if the governing body will be adopting an annual budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget;
(2) Hold a public hearing and present additional information regarding vacancies, if the vacancy rate in a bargaining unit is at least 20%; and
(3) Allow recognized employee organizations for bargaining units to make presentations at the hearing.
ITEM NO. 10.
PAGE 2 OF 4
SUBJECT: Status of Town's Vacancies, Recruitments, and Retention Efforts Pursuant to Assembly Bill 2561
DATE: April 10, 2025
Whenever the vacancy rate reaches or exceeds 20% of the total number of authorized full-time positions within a single bargaining group, the new law requires local government agencies to provide additional information upon request of the bargaining unit, including the total number of job vacancies within the bargaining unit; the total number of applicants for the vacant positions within the bargaining unit; the average number of days to complete the hiring process from when a position is posted; and opportunities to improve compensation and other working conditions.
This staff report contains the necessary information to comply with AB 2561.
DISCUSSION:
Status of Town’s Vacancies
As of March 31, 2025, the vacancy rate for the Town of Los Gatos was 7.82%. Please note that this figure is based on the full-time equivalent positions as reported in the Fiscal Year 2024- 2025 Operating Budget with the addition of the full-time Emergency Manager position added in February 2025. Below is a comparison of the current Fiscal Year’s vacancy rate to the last four years, measured as of June 30th of each year unless otherwise noted. The Town’s vacancy rate remained steady over the past Fiscal Year which was a result of directed recruiting efforts through online government job boards, social media, and staff networking. The Town reduced the overall vacancy rate following the recovery from the COVID-19 pandemic. At this time, there are no changes to policies, procedures, or recruitment activities that have led to obstacles in the hiring process or that are necessary to resolve obstacles.
Although there are currently seven vacancies for sworn positions in the Police Department, the vacancy rate for the Police Officers’ Association is 19.44%1, which places the vacancy rate below the threshold to provide any additional information to the Town Council.
Table 1. Historical Vacancy Rates
Fiscal Year Benefitted Budgeted Full
Time Equivalents (FTE)
Vacancy Rate
FY 2020-2021 150 11%
FY 2021-2022 150.25 12%
FY 2022-2023 153.25 9%
FY 2023-2024 152.50 7%
FY 2024-2025 153.50 7.82%
* Data as of March 2025
1 The Fiscal Year 2024-2025 Operating Budget includes 25 Police Officer, 4 Police Corporal and 7 Police Sergeant FTE positions. There are currently 6 Police Officer and 1 Police Sergeant vacancies.
ITEM NO. 10.
PAGE 3 OF 4
SUBJECT: Status of Town's Vacancies, Recruitments, and Retention Efforts Pursuant to Assembly Bill 2561
DATE: April 10, 2025
Recruitment and Retention Efforts
Reduced Recruitment Timeline & Improved Candidate Experience: Human Resources expanded the use of NEOGOV, a cloud-based Human Capital Management (HCM) software platform, enhancing applicant experience through improved and timely communication, streamlining the application process and reducing the overall recruitment timeline to under 60 days from start to finish versus an average of 100 days for other government sector agencies. In FY 2025-2026, pending staff resources, Human Resources will implement surveys to collect input from new hires and hiring managers about their recruitment experience and ways to improve the process.
Review of Job Classifications: Before opening a recruitment, Human Resources reviews the job classifications with the hiring manager to ensure accuracy in job duties and requirements and works with union representatives, if applicable, on proposed changes. Aligning job classifications with industry standards and the Town's immediate and long-term needs helps recruit the right talent. This strategy has contributed to increasing the number of qualified applications per recruitment.
Advertising on Job Boards and Social Media: The Town advertises career opportunities through paid and free professional and industry-specific job boards, such as the American Public Works Association, American Planning Association, Municipal Management Association of Northern California, etc. These job boards can be effective in recruiting for hard-to-fill positions. In addition, Human Resources leverages the Town's social media channels, such as LinkedIn, Facebook, and Instagram, for broader visibility.
New Hire and Employee Referral Program: In September 2022, the Town implemented a pilot employee new hire and employee referral program that proved to be successful in recruiting top talent. The New Hire Program offers $10,000 hiring bonuses to experienced police officers (police laterals). To date, the Town has offered six bonuses.
In addition to the hiring bonuses for police laterals, the Town offers referral bonuses to Town staff. To date, the Town has hired six police officers through this program. Bonuses included:
$3,000 for entry-level or police trainee. These candidates have no prior law enforcement experience and are or will be attending a police academy. $4,000 for pre-service. These individuals have completed a police academy but are not yet sworn in and must complete field officer training (FTO). $5,000 for lateral police officers. Lateral officers are experienced, trained, and certified sworn peace officers.
Due to the original program's success, in March 2025, the Town expanded the program and increased the bonus amounts to $6,000 for entry-level, $8,000 for pre-service, and $10,000 for lateral level.
ITEM NO. 10.
PAGE 4 OF 4
SUBJECT: Status of Town's Vacancies, Recruitments, and Retention Efforts Pursuant to Assembly Bill 2561
DATE: April 10, 2025
Competitive Wages and Benefits: In Fiscal Year 2024-2025, the Town negotiated successor memoranda of understandings with its three bargaining units. Each of these contracts has a term of three years which provides labor stability for the Town workforce, and each contains significant wage increases for employees to remain competitive in the market. The Town also allows departments to retain flexibility in work schedules through alternative work schedules and hybrid telework arrangements.
CONCLUSION:
Based on the information above, the Town is working to steadily decline the current vacancy rate through targeted recruitment and retention efforts. It is recommended that the Town Council accept the report.
COORDINATION:
This memo has been coordinated with the Town Attorney’s Office and the Finance Director.
FISCAL IMPACT:
There is no fiscal impact associated with this staff report.
ENVIRONMENTAL ASSESSMENT:
This is not a project defined under CEQA, and no further action is required.
ITEM NO. 10.