Title
Public Hearing to Comply with New Legal Obligations Required by Government Code Section 3502.3 (Assembly Bill 2561) to Receive a Report on City of San Leandro Vacancies, and Recruitment and Retention Efforts
Staffreport
SUMMARY
Assembly Bill (“AB”) 2561, codified in Government Code section 3502.3, introduced new requirements for public agencies, including the City of San Leandro, to hold a public hearing each fiscal year and report on staffing vacancies and the City’s recruitment and retention efforts. This public hearing will ensure compliance with these new legal obligations.
RECOMMENDATIONS
The Council conducts the public hearing and receives the informational report on City of San Leandro vacancies, and recruitment and retention efforts pursuant to Government Code Section 3502.3.
BACKGROUND
AB 2561 was introduced to address the issue of job vacancies in local government, which can adversely affect 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. The bill was enacted into law and is codified in Government Code Section 3502.3. The new law became effective January 1, 2025. As of April 30, 2025, the City of San Leandro has 64.5 FTE vacancies, which is an overall 14.7% vacancy rate.
Analysis
In compliance with the new legal obligations, the City 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 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 Council adopts an annual budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget for the City of San Leandro. (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 four represented bargaining units and one unrepresented group at the City. (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 positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).) As of April 30, 2025, the San Leandro Police Officers Association (SLPOA) has a vacancy rate of 23.2%.
Financial Impacts
There is no direct fiscal impact associated with conducting the public hearing required under Gov. Code § 3502.3. However, addressing recruitment and retention issues may involve future budget and bargaining considerations, which will be presented to the City Council as necessary.
ATTACHMENTS
A: AB 2561 Text
PREPARED BY: Emily Hung, Human Resources Director, Human Resources Department