Staff Report — Simi Valley City Council, April 21, 2025

20/11-24

CITY OF SIMI VALLEY

MEMORANDUM
A
pril 21, 2025
T
O: City Council
F
ROM: Office of the City Manager/Human Resources
S
UBJECT: A PUBLIC HEARING TO CONSIDER THE ANNUAL POSITION VACANCY REPORT IN COMPLIANCE WITH ASSEMBLY BILL 2561

STAFF RECOMMENDATION
I
t is recommended that the City Council hold a public hearing and receive and file the City’s Annual Position Vacancy Report in compliance with Assembly Bill (“AB”) 2561. (Gov. Code § 3502.3.)

BACKGROUND AND OVERVIEW
E
ffective January 1, 2025, AB 2561 amended the Meyers-Milias-Brown Act (‘MMBA’) by adding Government Code section 3502.3, which creates a new obligation for public agencies to publicly address the status of their job vacancies. As a basis for the new requirements, the California Legislature determined that vacancies are a widespread and significant problem in the public sector, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill requires public agencies, including the City, to hold at least one (1) public hearing per fiscal year to discuss vacancies and recruitment and retention efforts with an opportunity for the various represented groups to speak at the hearing if they so desire.

Th
is Staff Report is intended to serve as the City’s reporting of position vacancies as of December 31, 2024, before the adoption of the annual budget, in compliance with the bill.

I
n compliance with the new legal obligations, the City is required to do the following:

1. Hold a 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. Allow Employee Organization Participation : Allow the recognized employee organization for each bargaining unit at the City to make presentations during the AGENDA ITEM NO.

publi
c hearing concerning vacancies and recruitment and retention efforts. (Gov.

Code § 3502.3(b).)
Pr
ovide each bargaining unit with notices of this hearing and invite them to participate (Attachment C). Service Employees International Union (SEIU), Local 721, and Police Managers’ Association (PMA) advised the City in a timely manner that they plan to speak at the hearing.

3. Provide 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, the City must provide additional information during the public hearing, including: (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).) Status of Vacancies, Recruitment and Retention Efforts
AB
2561 requires that during the hearing, the City present information regarding the status of vacancies and recruitment and retention efforts. The City conducted a study and found that none of the bargaining units have 20% or more vacancies of their authorized full-time positions.

As
part of the Fiscal Year 2024- 25 budget process, the City Council approved a total of 532 full-time positions. The City vacancy rate as of December 31, 2024, is 11.7%. That rate by group is as follows:

Bargaining Unit/Employee Group Vacancy Rate
Service Employees International Union (SEIU), Local 721 15.5% Police Officers’ Association (POA) 7%
Police Managers’ Association (PMA) 12.5%
Simi Valley Engineers Association (SVEA) 16.7%
Management Unrepresented Designated Employees 8.5%
Hiring Obstacles
AB
2561 also requires that during the hearing, the agency must identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles. Staff have not identified any necessary changes to policies, procedures, or recruitment activities that may present obstacles in the hiring process. 2 Recruitment and Retention Efforts
In 2024,
there were a total of 57 voluntary separations from the City. Aside from 23 employees who retired, the voluntary 34 separations are as follows:

Reason for Separation Number
Retirement 23
Personal Reasons/Quit Without Notice 16
Higher Salary/Pay or Better Opportunity 13
Relocation 5
The
City has faced challenges retaining employees, losing 13 due to competing agencies offering higher salaries, which equates to 38%. It is unclear if others left for higher salary but simply chose to indicate the separation was for “ relocation” or “personal reasons.” Staff has proposed a city -wide salary survey in the upcoming fiscal year budget to investigate this matter further.

Alt
hough the City provides a strong benefits package to employees, staff have found that applicants rarely consider total compensation but instead only focus on the base hourly salary. Creative recruitment strategies to emphasize total compensation and more information about the substantial benefits and available alternative work schedules have been institute d to show the full value of a career with the City. Having noted that approximately 50 percent of the City’s current workforce resides within City limits, staff has worked to emphasize our great community in advertisements.

In addi
tion, staff has worked with City Departments to update job descriptions prior to recruitments and to streamline recruitment processes where possible. Once hired, new employees participate in a two-day orientation with an opportunity to visit all City locations and familiarize themselves with each Department, their staff , and respective essential City functions. Employees are also offered training through the City’s online platform on multiple topics , by webinar , and in person. Lastly, the City provides employees the opportunity to engage in a variety of activities throughout the year, including monthly employee activities and an annual benefits/health fair.

The fol
lowing alternatives are available:

1. Rece
ive and file the City’s Annual Position Vacancy Report;

2. Prov
ide staff with other direction;
3 St
aff recommends Alternative No. 1.

SUGGESTED CITY COUNCIL MOTION
I move to
receive and file the City’s Annual Position Vacancies Report.

SUMMARY
Ef
fective January 1, 2025, AB 2561 amended the Meyers-Milias-Brown Act (‘MMBA’) by adding Government Code section 3502.3, which creates a new obligation for public agencies to publicly address the status of their job vacancies. As a basis for the new requirements, the California Legislature determined that vacancies are a widespread and significant problem in the public sect or, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill requires public agencies, including the City, to hold at least one (1) public hearing per fiscal year to discuss vacancies and recruitment and retention efforts. ______
______________________
Jennifer Gutierres
Deputy Human Resources Director
Pr
epared by: Jamie Cross, Senior Human Resources Analyst
INDEX Page
Atta
chment A – Public Hearing Procedure........................................ 5 Attachment B - AB 2561 .................................................................... 7 Attachment C – Bargaining Group Notices of Public Hearing AB 2561 9 4 PUBLI

C HEARING PROCEDURE
HEARI
NG DATE: April 21, 2025

1. CITY CLERK: This is the time and place set for a public hearing to consider receiving and filing the annual position vacancy report i n compliance with Assembly Bill (AB) 2561

2. MAYOR: Before we begin, are there any ex parte communications to report?

3. ANY CO
UNCIL
MEMBER: (Report)

4. MAYOR: Staff may begin with the oral report on this matter.

5. STAFF: (Report)

6. MAYOR: Any questions of staff from City Council Members? (Questions of staff and staff response)

7. MAYOR: The following Bargaining units Service Employees International Union (SEIU), Local 721, and Police Managers’ Association (PMA) will be called to provide their presentations on the matter. Each bargaining unit will have ten (10) minutes for their presentation. (The Mayor will determine which Bargaining unit to call to present first).

8. MAYOR: The first bargaining unit [insert bargaining unit] may begin with their presentation on this matter.

9. BARGAINING UNIT: ( Presentation)

10. MAYOR: Any questions of the Bargaining Unit from City Council Members?

11. MAYOR: The second bargaining unit [insert bargaining unit] may begin with their presentation on this matter.

12. BARGAINING UNIT: ( Presentation)

13. MAYOR: Any questions of the Bargaining Unit from City Council Members? (Questions of staff and staff response)
[REPEAT
8, 9, AND 10 IF THERE ARE MORE
BARGAINING UNITS WISHING TO PRESENT].

14. MAYOR: At this time I would like to open the hearing for anyone in the City Council Chambers wishing to be heard on this matter? 5 ATTACHMENT A

15. AUDIENCE: Public Testimony and Comments

16. MAYOR: Does Staff desire to respond to any comments or issues raised?

17. STAFF: (Response to comments and additional City Council questions)

18. MAYOR: The hearing is now closed.

19. MAYOR: Any further comments or questions from City Council Members?

20. MAYOR: I will now entertain a motion.

21. ANY

COUNCIL
MEMBER: NOTE: PICK THE APPLICABLE ACTION(S) & CHANGE
ITEM NUMBER(S) OF ACTION(S) AS NEEDED:

Ci ty Council Actions (by motion of any Council Member):
1) Receive and file the annual position vacancy report in compliance with Assembly Bill (AB) 2561;
*Any action to refer the matter back to staff or to continue the matter requires a second and a vote.

22. ANY

COUNCIL
MEMBER: Second

23. MAYOR: (Call for vote)

24. MAYOR: Proceed to the next item.
6 SHARE THIS:

Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions. (2023-2024) Assembly Bill No. 2561
CHAPTER 409
An act to add Section 3502.
3 to the Government Code, relating to public employment. [ Approved by Governor September 22, 2024. Filed with Secretary of State September 22, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST
AB 2561, McKinnor. Local public employees: vacant positions.

Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act requires the governing body of a public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations and to consider fully presentations that are made by the employee organization on behalf of its members before arriving at a determination of policy or course of action.

This bill would, as specified, require a public agency to present the status of vacancies and recruitment and retention efforts at a public hearing at least once per fiscal year, and would entitle the recognized employee organization to present at the hearing. If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, the bill would require the public agency, upon request of the recognized employee organization, to include specified information during the public hearing. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include related legislative findings.

The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.

Vote: majority
Appropriation: no Fiscal Committee: yes Local Program: yes Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites 11/16/24, 4:00 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 1/3 7 ATTACHMENT B
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature finds and declares as follows:
(a) Job vacancies in local government are a widespread and significant problem for the public sector affecting occupations across wage levels and educational requirements. (b) High job vacancies impact public service delivery and the workers who are forced to handle heavier workloads, with understaffing leading to burnout and increased turnover that further exacerbate staffing challenges.
(c) There is a statewide interest in ensuring that public agency operations are appropriately staffed and that high vacancy rates do not undermine public employee labor relations.

SEC. 2. Section 3502.3 is added to the Government Code, to read:
3502.3. (a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year. (2) If the governing board will be adopting an annual or multiyear budget during the fiscal year, the presentation shall be made prior to the adoption of the final budget. (3) During the hearing, the public agency shall identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. (b) The recognized employee organization for a bargaining unit shall be entitled to make a presentation at the public hearing at which the public agency presents the status of vacancies and recruitment and retention efforts for positions within that bargaining unit.
(c) If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number of authorized full-time positions, the public agency shall, upon request of the recognized employee organization, include all of the following information during the public hearing:
(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. (4) Opportunities to improve compensation and other working conditions. (d) This section shall not prevent the governing board from holding additional public hearings about vacancies. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.
(f) For purposes of this section, “recognized employee organization” has the same meaning as defined in subdivision (a) of Section 3501.

SEC. 3. The Legislature finds and declares that Section 2 of this act, which adds Section 3502.3 to the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:

It is in the public interest, and it furthers the purposes of paragraph (7) of subdivision (b) of Section (3) of Article I of the California Constitution, to ensure that information concerning public agency employment is available to the public.

SEC. 4.

No reimbursement shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code for costs mandated by the state pursuant to this act. It is recognized, however, that a local agency or school district may pursue any remedies to obtain reimbursement available to it under Part 7 (commencing with Section 17500) and any other law.
11/16/24, 4:00 PM Bill Text - AB-2561 Local public employees: vacant positions. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202320240AB2561 2/3 8 CITY OF SIMI VALLEY • MEMORANDUM
DATE: March 24, 2025
TO: Lincoln Purcell, Simi Valley Police Managers Association (SVPMA) FROM: Jennifer Gutierres, Deputy Human Resources Director SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley
This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

In accordance with Government Code section 3502.3, at a public hearing before the City Council on April 7, 2025 , the City will present information on the status of position vacancies at the City and the City’s recruitment and retention efforts. If necessary, the City will identify any needed changes to City policies, procedures, or recruitment activities that may have led to obstacles in the hiring process.

Employee Organization Presentation:

At the public hearing the SVPMA will have the opportunity to make a presentation to the City Council. If your intent is to make a presentation to the City Council at the public hearing, please inform Shannon Nash, Senior Human Resources Analyst, at least five (5) working days in advance of the public hearing so that we may plan accordingly. Please advise if any audio-visual technology will be required for the presentation. Ms. Nash can be reached at [email protected] or at 805.583.6764.

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

Please contact Shannon Nash, Senior Human Resources Analyst, in writing no later than ten (10) days from the notice date if you have any concerns regarding the contents of this notice.
9 ATTACHMENT C
CITY OF SIMI VALLEY • MEMORANDUM
DATE: March 31, 2025
TO: Lincoln Purcell, Simi Valley Police Management Association (SVPMA) FROM: Jennifer Gutierres, Deputy Human Resources Director SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley – Revised Date
This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

In accordance with Government Code section 3502.3, at a public hearing before the City Council on April 21, 2025 , the City will present information on the status of position vacancies at the City and the City’s recruitment and retention efforts. If necessary, the City will identify any needed changes to City policies, procedures, or recruitment activities that may have led to obstacles in the hiring process. Preliminary findings indicate that vacancies in the bargaining unit do not reach the 20% threshold for presenting additional information related to such vacancies.

Employee Organization Presentation:

At the public hearing SEIU Local 721 will have the opportunity to make a presentation to the City Council. If your intent is to make a presentation to the City Council at the public hearing, please inform Shannon Nash, Senior Human Resources Analyst, at least five (5) working days in advance of the public hearing so that we may plan accordingly. Please advise if any audio-visual technology will be required for the presentation. Ms. Nash can be reached at [email protected] or at 805.583.6764.

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

Please contact Shannon Nash, Senior Human Resources Analyst, in writing no later than ten (10) days from the notice date if you have any concerns regarding the contents of this notice.
10 CITY OF SIMI VALLEY • MEMORANDUM
DATE: March 24, 2025
TO: Jason Wilkinson, Simi Valley Police Officers Association (SVPOA) Daniel Frates, Simi Valley Police Officers Association (SVPOA) FROM: Jennifer Gutierres, Deputy Human Resources Director SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley
This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

At the public hearing the SVPOA will have the opportunity to make a presentation to the City Council. If your intent is to make a presentation to the City Council at the public hearing, please inform Shannon Nash, Senior Human Resources Analyst, at least five (5) working days in advance of the public hearing so that we may plan accordingly. Please advise if any audio-visual technology will be required for the presentation. Ms. Nash can be reached at [email protected] or at 805.583.6764.

Each employee organization will be allotted ten (10) minutes to make a pres entation. In addition, employee organizations may present additional written materials for review by the City Council.

Please contact Shannon Nash, Senior Human Resources Analyst, in writing no later than ten (10) days from the notice date if you have any concerns regarding the contents of this notice.
11 CITY OF SIMI VALLEY • MEMORANDUM
DATE: March 31, 2025
TO: Jason Wilkinson, Simi Valley Police Officers Association (SVPOA) Daniel Frates, Simi Valley Police Officers Association (SVPOA) FROM: Jennifer Gutierres, Deputy Human Resources Director SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley – Revised Date
This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

DATE: March 24, 2025

TO: Leonard Carrillo, Worksite Organizer, SEIU Local 721 Vivienne DeLuca, President, SEIU Local 721

FROM: Jennifer Gutierres, Deputy Human Resources Director

SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley

This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

DATE: March 31, 2025

TO: Leonard Carrillo, Worksite Organizer, SEIU Local 721 Vivienne DeLuca, President, SEIU Local 721

FROM: Jennifer Gutierres, Deputy Human Resources Director

SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley – Revised Date

This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

DATE: March 24, 2025

TO: Justin Link, Simi Valley Engineers Association (SVEA)

FROM: Jennifer Gutierres, Deputy Human Resources Director

SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley

This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

At the public hearing the SVEA will have the opportunity to make a presentation to the City Council. If your intent is to make a presentation to the City Council at the public hearing, please inform Shannon Nash, Senior Human Resources Analyst, at least five (5) working days in advance of the public hearing so that we may plan accordingly. Please advise if any audio-visual technology will be required for the presentation. Ms. Nash can be reached at [email protected] or at 805.583.6764.

Each employee organization will be allotted ten (10) minutes to make a pres entation. In addition, employee organizations may present additional written materials for review by the City Council.

DATE: March 31, 2025

TO: Justin Link, Simi Valley Engineers Association (SVEA)

FROM: Jennifer Gutierres, Deputy Human Resources Director

SUBJECT: Notice of Public Hearing Regarding Position Vacancies at the City of Simi Valley – Revised Date

This is notice of the City’s intent to comply with the obligations set forth under Government Code section 3502.3 (Assembly Bill 2561).

City of Simi Valley Presentation:

Employee Organization Presentation:

Each employee organization will be allotted ten (10) minutes to make a presentation. In addition, employee organizations may present additional written materials for review by the City Council.

Please contact Shannon Nash, Senior Human Resources Analyst, in writing no later than ten (10) days from the notice date if you have any concerns regarding the contents of this notice.
16

Simi Valley City CouncilApril 21, 2025

Simi Valley City Council
April 21, 2025