115
City of Anaheim Administrative Regulation
CHAPTER 1 - ADMINISTRATIVE
Subject: Notice for Contracting Services A.R. 115
of Represented Work Issue Date: March 25, 2026
Page (1) of (3)
Purpose:
To establish procedures to comply with Section 3504.1 of the Government Code (AB 339) of
the Meyers-Milias-Brown Act (Gov. Code §3500 et seq.) requiring 45-day prior written
notice to each recognized employee organization (hereinafter “Collective Bargaining Unit”
or (“CBU”) before the City issues solicitations or renews or extends contracts for certain
services that fall within the scope of work of represented job classifications, and to set
timelines to meet-and-confer when the City makes a firm decision to contract such services.
This Administrative Regulation applies to all City departments that plan to issue an
RFP/RFQ for services or propose to renew or extend an existing service contract when the
contemplated work falls within the scope of work of classifications represented by a CBU.
Definitions:
Collective Bargaining Unit (CBU): A union formally recognized by the City to represent a
bargaining unit, synonymous with “Recognized Employee Organization” as defined in
Government Code Section 3501 and used in Government Code Section 3504.1.
Service Contract: An agreement for performance of services that are within the scope of
work of job classifications represented by any CBU.
Solicitation: Request for Proposals (RFP), Request for Quotes (RFQ), or similar request.
Renewal/Extension: Any action that renews or continues an existing Service Contract beyond
its current term.
Emergency/Exigent Circumstance: A condition that makes the required 45-day advance
notice not possible; in such cases the City must still provide as much advance notice as
practicable and follow the emergency procedure included herein.
Department: The City department, division, or operating unit that manages, oversees, or
enters into a new contract, renews an existing contract for services, or extends an existing
contract for services.
City of Anaheim Administrative Regulation 115
Page (2) of (3)
Procedures:
Before issuing any non-exempt Solicitation or proceeding with a Renewal/Extension of a
non-exempt service contract, the Department shall review and answer the attached
“Compliance Checklist” and where applicable, shall provide the Human Resources
Department, Employee Relations Division (“ERD”), with 60-days’ advanced written notice,
which may be by email and shall include the following:
1.Potentially impacted job classifications in each respective Department;
2.Necessity for the proposed contracted services;
3.Anticipated duration of the proposed Service Contract;
4.Scope of work under the proposed Service Contract;
5.Anticipated cost of the proposed Service Contract;
6.A draft Solicitation; if not yet drafted, information that would normally be included in
a Solicitation.
After receiving the notice from the Department, ERD shall issue any required written notice
to the applicable CBU 45-days prior to the issuance of a Solicitation or Renewal/Extension of
a non-exempt Service Contract. ERD’s written notice to the CBU, shall include the
information in Paragraph Nos. 2-6 above. Delivery of the written notice to the CBU may be
by email. ERD shall maintain a compliance log.
The Department shall notify ERD of any changes to the scope of work or contract cost during
the Solicitation review process and after the first written notice to the CBU.
If an Emergency/Exigent Circumstances prevents providing the 45-day notice, the
Department shall issue notice as far in advance as practicable, documenting the facts that
made 45-day notice not possible. The Department shall submit an Emergency AB 339
Memorandum, approved by the Department Head and City Attorney, to ERD.
If a CBU requests to meet and confer, the City shall determine the timelines to meet and
confer in good faith. The ERD will coordinate sessions, agendas, and bargaining authority.
Any meet-and-confer process will run concurrently with procurement planning; issuance of a
Solicitation must respect the minimum notice period and any agreed scheduling
commitments. If no request is received in a timely fashion, the City will consider its notice
and meeting obligations fulfilled and may proceed with the contracting process
Exemptions:
Government Code section 3504.1 does not apply to contracts for:
Construction, alteration, demolition, installation, repair, or maintenance work subject
to Labor Code sections 1720-1861 (public works/prevailing wage), or for highly
specialized data, software, or services related to such covered work.
City of Anaheim Administrative Regulation 115
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Contracts covered by Government Code §4525 or §4529.10, which cover
architectural, landscape maintenance, engineering, environmental, and land surveying
services, as well as construction project management services.
Work that is not customarily performed by bargaining-unit employees where there is
only a de minimis overlap with bargaining unit work, and it does not result in
displacement of employees or a reduction of bargaining-unit work.
Departments must consult the City Attorney to confirm an exemption before bypassing the
notice procedures.
Responsibility:
It shall be the responsibility of each Department to submit the written notice information to
the ERD at least 45 days before the Department plans to issue a Solicitation or renew/extend
a Service Contract.
It shall be the responsibility of each Department seeking to rely on an exemption from the
notice procedures to determine whether the exemption applies and, when legal interpretation
is necessary, to consult with the City Attorney’s Office before making that determination.
It shall be the responsibility of ERD to make a final determination of whether proposed
contracted services fall within the scope of work of a represented job classification and,
where appropriate, submit written notice to the CBU at least 45 days in advance of the
planned solicitation, renewals, or extensions.
Attachment:
A.Compliance Checklist
ATTACHMENT: A
Compliance Checklist
Notice Requirements under AB 339 / Government Code Section 3504.1
Page | 1 Rev. 2.25.2026
Effective January 1, 2026, AB 339 adds Government Code section 3504.1 to the Meyers-
Milias-Brown Act (“MMBA”), creating a new 45-day written notice requirement for local
public agencies before issuing certain service contract solicitations or executing certain
service contract renewals and extensions when the contracted services are within the
scope of work of a job classification represented by a recognized employee organization
(hereinafter “Collective Bargaining Unit” or “CBU”).
Steps to determine if AB 339 applies:
1. Contract Solicitation/Renewal/Extension
Is the contract solicitation or contract renewal/extension only for supplies and/or
equipment?
• If yes, AB 339 (Government Code § 3504.1) does not apply. Follow City’s contract
processing procedures.
• If no, proceed to step 2.
2. Service Contracts
Is the contract solicitation either a Request for Proposals (“RFP”) or a Request for
Quotes (“RFQ”) for a services contract or is it a renewal of or extension to an existing
services contract?
• If yes, AB 339 (Government Code § 3504.1) may apply. Proceed to step 3.
• If no, AB 339 (Government Code § 3504.1) does not apply.
3. Scope of Work under the Service Contract
Do some or all of the services at issue in the RFP, RFQ or contract renewal or extension
fall within “the scope of work” of job classifications represented by a CBU?
• If yes, AB 339 (Government Code § 3504.1) may apply. Proceed to step 4.
• If no, AB 339 (Government Code § 3504.1) does not apply.
ATTACHMENT: A
Compliance Checklist
Notice Requirements under AB 339 / Government Code Section 3504.1
Page | 2 Rev. 2.25.2026
4. Qualification for Exemption from Notice Requirements
Do the services fall within one of the excluded categories below?
• If yes, AB 339 (Government Code § 3504.1) does not apply. Submit the request
following City’s processing procedures.
• If no, proceed to step 5.
EXCLUDED CATEGORIES (Refer to A.R. 115 - Union Notice for Contracting of
Services):
• The contract is for construction, alteration, demolition, installation, repair, or
maintenance work covered by Labor Code sections 1720-1861 or highly
specialized data, software, or services related to work covered by Labor
Code sections 1720-1861.
• The contract for services is for architecture, landscape architecture,
engineering, environmental services, land surveying, and construction
project management covered by Government Code § 4525 or 4529.10.
• Work that is not customarily performed by bargaining-unit employees. If
there is only a de minimis overlap with bargaining unit work, and it does not
result in displacement of employees or a reduction of bargaining-unit work,
notice is not necessary.
5. Emergency or Exigent Circumstance
Is there an emergency or exigent circumstance at the Department that would prevent
the Department from providing the CBU with 45 days’ notice prior to issuing the
contract solicitation or executing the contract renewal or extension?
• If yes, document the emergency/exigent circumstance and submit the request
following emergency contract procedures. Provide notice to Employee Relations
and the CBU as far in advance as practicable.
• If no, proceed to Step 6
ATTACHMENT: A
Compliance Checklist
Notice Requirements under AB 339 / Government Code Section 3504.1
Page | 3 Rev. 2.25.2026
6. Required Notice to the Collective Bargaining Unit
The City is required to provide written notice to the CBU that represents job
classifications within whose scope of work the contract services fall no less than 45
days’ written notice before issuing a covered contract solicitation (i.e., an RFP or an
RFQ) or executing a covered contract renewal or extension.
The Department’s written notice to the Employee Relations Division shall include:
1. Impacted job classifications in each respective city department;
2. Need for contract;
3. Anticipated duration of the contract;
4. Scope of work under the contract;
5. Anticipated cost of the contract;
6. A draft solicitation; if not yet drafted, information that would normally be
included in a solicitation.
The written notice to the CBU, shall include Paragraph Nos. 2-6.
The Department will submit the above information to the Human Resources Department –
Employee Relations Division at least 60 days before the Department plans to issue the
solicitation or renewal/extension. This allows the Employee Relations Division to review the
information and submit written notice to the CBU at least 45 days in advance of the
planned RFP/RFQ/renewal submission date. Once all information is provided by the
Department, Employee Relations will draft and submit the required written notice to the
CBU. If a CBU request to meet and confer, the Human Resources Department – Employee
Relations Division shall determine the timelines to meet and confer in good faith and will
coordinate sessions, agendas, and bargaining authority.