REPORT TO COUNCIL
SUBJECT
Title
Public Hearing Pursuant to Government Code Section 3502.3 to Receive a Report on City of Sunnyvale Vacancies, and Recruitment and Retention Efforts
Report
BACKGROUND
Assembly Bill 2561, codified in Government Code section 3502.3, requires public agencies to hold a public hearing regarding job vacancies prior to the adoption of the budget. During this public hearing, the City must present information on vacancy status and the City’s recruitment and retention efforts. The City is required to identify any policies, procedures, or recruitment activities that may create obstacles in the hiring process, as well as any potential changes that could alleviate them. This public hearing will ensure compliance with the law.
EXISTING POLICY
Council Policy 7.3.1 Legislative Management - Goals and Policies, Goal 7.3D: Maintain a quality work force, consistent with state and federal laws, City Charter, and adopted policies in order to assure that City services are provided in an effective, efficient, and high-quality manner. Requirements for reporting on the City’s workforce vacancies, recruitment, and retention efforts is held in accordance with Government Code section 3502.3.
ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” with the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that is an administrative activity that will not result in a potentially significant impact to the environment.
DISCUSSION
Assembly Bill 2561 requires public agencies to hold a public hearing to address job vacancy status before adopting the final budget. Staff will present the following required information at the public hearing:
1. The status of vacancies at the City of Sunnyvale.
2. Information on the City of Sunnyvale’s recruitment and retention efforts.
3. Obstacles in the City of Sunnyvale's policies, procedures, and recruitment activities that may create challenges in the hiring process.
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 law also requires the following information:
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.
However, as of April 14, 2026, there are no bargaining units with a vacancy rate exceeding 20%:
|
Bargaining Unit |
Vacancy Rate (as of 4/14/26) |
|
Communications Officers' Association (COA) |
10.00% |
|
Public Safety Managers' Association (PSMA) |
0.00% |
|
Public Safety Officers' Association (PSOA) |
0.00% |
|
Sunnyvale Employee Association/IFPTE Local 21 (SEA) |
9.50% |
|
Service Employee International Union, Local 521 (SEIU) |
18.40% |
|
Sunnyvale Managers' Association (SMA) |
7.50% |
|
Unrepresented Management |
7.70% |
|
Confidential |
3.10% |
|
Citywide Total Vacancy |
7.60% |
FISCAL IMPACT
This public hearing is held for information purposes and has no direct fiscal impact.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
ALTERNATIVES
1. Receive the informational report on City of Sunnyvale Vacancies, and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3.
2. Provide other direction to staff.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Receive the informational report on City of Sunnyvale Vacancies, and Recruitment and Retention Efforts pursuant to Government Code Section 3502.3.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Delanie LoFranco, Human Resources Manager
Reviewed by: Heather Ruiz, Director, Human Resources
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Approved by: Tim Kirby, City Manager