REPORT TO COUNCIL
SUBJECT
Title
Approval of Councilmember Alysa Cisneros’ Request for 15-Weeks of Parental Leave
Report
BACKGROUND & DISCUSSION
Councilmember Alysa Cisneros requests that Council approve 15 weeks of parental leave pursuant to Section 606(a) of the Sunnyvale City Charter, which provides that “… the office of … Councilmember shall become vacant when that official … (2) Is absent from all regular meetings of the Council for a period of sixty days consecutively from and after the last regular Council meeting attended by such member, unless by permission of the Council expressed in its official minutes”.
Councilmember Cisneros will notify the Mayor and City Manager of her requested start date, and the period of leave will commence on that day and run consecutively through 15 weeks’ time. The 15-week period will begin and end during the remainder of calendar year 2024. During the approved period of leave, Councilmember Cisneros’ absences will be considered “excused absences” and her stipend and benefits will continue under Section 605 of the City Charter.
During the leave of absence, Councilmember Cisneros will not be participating in City business in her capacity as a Councilmember. Councilmember Cisneros has expressed her desire to participate in the city manager selection process if able, even if she has begun her leave of absence. Her intergovernmental relations and Board & Commission assignments would be covered by alternates.
As elected officials, Councilmembers are not covered by state and federal laws that require employers to provide family and pregnancy leave. Therefore, the provisions of the Sunnyvale City Charter apply to Councilmembers’ leave requests. Historically, the Council granted former Councilmember Melinda Hamilton’s requests for parental leave in 2004 and 2006 (three months each time). In addition, when former Councilmember Otto Lee was deployed to Iraq for 13 months in 2009-2010, the City Council followed California Military and Veterans Code Section 395.8 to appoint a temporary interim Councilmember to fill for his seat until he returned.
EXISTING POLICY
City Charter, § 606(a)(2) Vacancies
The City Charter requires that Council grant permission for Councilmembers to be absent from all regular meetings of the Council for a period of sixty consecutive days from and after the last regular Council meeting attended by said member. This permission must be expressed in official minutes.
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 it is a governmental organizational or administrative activity that will not result in direct or indirect changes to the environment.
FISCAL IMPACT
There is no fiscal impact associated with this report.
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 NOVA Workforce Services 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.
RECOMMENDATION
Recommendation
Staff makes no recommendation. By approval of the consent calendar, Council approves Councilmember Alysa Cisneros’ request for 15-weeks of parental leave.
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 $250 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
A check or “Y” 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
_Y_ General policy and legislative actions
Staff
Prepared by: Victoria Ketell, Executive Assistant
Reviewed by: Sarah Johnson-Rios, Assistant City Manager
Reviewed by: Rebecca Moon, City Attorney
Approved by: Kent Steffens, City Manager