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RESOLUTION NO. R-25-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
MARINO ADOPTING PROCEDURES FOR THE PUBLIC HEARING
REQUIRED BY GOVERNMENT CODE SECTION 3502.3 (AB 2561)
PERTAINING TO EMPLOYEE VACANCIES, RECRUITMENT AND
RETENTION
WHEREAS, AB 2651 went into effect on January 1, 2025 and requires that a city hold a public hearing during which city staff makes a presentation on the status of employee vacancies, recruitment and retention; and
WHEREAS, the required hearing must be held once per fiscal year and prior to the adoption of the budget; and
WHEREAS, a city’s recognized employee organizations for its bargaining units are entitled to make a presentation at the public hearing; and
WHEREAS, to foster consistency and transparency in the implementation of this new hearing requirement it is prudent to adopt procedures for the conduct of the required hearing, including the notice that will be provided to the City of San Marino’s bargaining units. The attached proposed procedures have been shared with the City’s bargaining units.
THEREFORE, BE IT RESOLVED by the City Council of the City of San Marino, California, as follows:
SECTION 1. The City Council hereby adopts the City of San Marino Procedures for the Public Hearing Regarding AB 2561 attached hereto as Exhibit A and incorporated herein by reference.
SECTION 2. This Resolution shall become effective immediately upon its adoption.
PASSED, APPROVED AND ADOPTED, at a meeting of the City Council of the City of San Marino, California, on this 12th day of March, 2025.
GRETCHEN SHEPHERD ROMEY, MAYOR
ATTEST:
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO RESOLUTION NO. R-25-07
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SAN MARINO )
I, Alison Walker, City Clerk of the City of San Marino, California, hereby certify that Resolution No R-25-07 was adopted by the City Council of the City of San Marino at a regular meeting held on the 12th day of March, 2025, and that the same was adopted by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
________________________________
ALISON WALKER, CITY CLERK
CITY OF SAN MARINO
CITY OF SAN MARINO RESOLUTION NO. R-25-07
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Exhibit A
AB2561 Hearing Procedures
Introduction and Scope:
Effective January 1, 2025, Government Code section 3502.3 requires the City of San Marino to present information on the status of vacancies at the City and the City’s recruitment and retention efforts at a public hearing before the City’s City Council at least once per fiscal year.
Government Code section 3502.3 also requires the City to identify during the public hearing any necessary changes to City policies, procedures, and recruitment activities that may contribute to obstacles in the City’s hiring process.
At the public hearing, a recognized employee organization for a bargaining unit is entitled to make a presentation to the City’s City Council addressing the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
The purpose of these procedures is to establish protocol for the City’s public hearings on vacancies in order to ensure a fair, orderly and efficient hearing process.
The agency should reserve the right to schedule separate public hearings for different bargaining units, and is not limited to one Public Hearing to address all vacancies and recruitment and retention efforts within the entire agency.
Notice Requirements:
1. The City will notify in writing each recognized employee organization that represents City employees that the City’s City Council will hold a hearing pursuant to the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561). The notice will provide each recognized employee organization the opportunity to identify any negotiable impacts/effects regarding the agency’s compliance with Government Code section 3502.3 and the agency’s board policy.
2. The City will notify in writing each recognized employee organization that represents City employees of the date, time and place of the hearing at least ten (10) days in advance of the hearing.
In the notice, the City will inquire whether the employee organization intends to make a presentation to the City’s City Council at the public hearing. The City will request that, for planning purposes, the employee organization provides written notice to the Human Resources Department at least five (5) working days in advance of the public hearing indicating whether the employee organization intends to make a presentation at the public hearing.
The notice will also include information about the amount of time that the City Council has allotted to employee organizations for each bargaining unit that the organization represents for purpose of making a presentation at the public hearing.
3. In the event the vacancy rate for the bargaining unit is at least 20% of the total number of authorized full-time positions in the bargaining unit, an employee organization may request that the City present “additional information” related to the vacancies as permitted by Government Code section 3502.3. The City will request that the employee organization provide a written request for the presentation of such information to the Human Resources Department at least five (5) working days CITY OF SAN MARINO RESOLUTION NO. R-25-07
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in advance of the public hearing. The “additional information” includes the following: (1) the total number of job vacancies within the bargaining unit; (2) the total number of applicants for vacant positions within the bargaining unit; (3) the average number of days to complete the hiring process from when a position is posted; and (4) opportunities to improve compensation and other working conditions.
4. Notice of the hearing to the public will be provided in accordance with the Ralph M. Brown Act. (Gov. Code §§ 54950-54963.)
5. A City staff report regarding vacancies and recruitment and retention efforts may be published as part of the agenda packet for the meeting.
6. The City and recognized employee organizations may agree to exchange presentation materials in advance of the public hearing.
Order of the Hearing:
The public hearing will proceed in the following order:
1. City Presentation: The City presentation will be limited to five (5) minutes for each bargaining unit that it represents. The City may choose to present on all bargaining units at once, or to present data for each bargaining unit separately followed by each applicable employee organization presentation.
2. Employee Organization Presentation: Following the agency presentation, each employee organization will have the opportunity to make a presentation for each of the bargaining units that the employee organization represents. For each bargaining unit, the employee organization presentation will be limited to five (5) minutes and should not contain bargaining proposals to the City on matters that have not been presented in bargaining.
3. Governing Body Questions and Discussion: The City’s City Council may ask questions of the City and the employee organization presenters.
4. Final City Comments: Final City comments will be limited to five (5) minutes per bargaining unit.
5. Final Employee Organization Comments: Final employee organization comments will be limited to five (5) minutes per bargaining unit.
6. Public Comment: Public comment regarding the AB 2561 hearing will be limited to five (5) minutes per person.
Standards of Discourse:
The City’s City Council should recognize that engaging with diverse perspectives is vital for effective governance and a vibrant community. To ensure full expression of such diverse perspectives, The City’s City Council should ensure that participants follow the principles of respectful and civil discourse.