HomeMy WebLinkAboutCC 2025-04-08_09f AB2561 Compliance ProcedureItem 9.f.
MEMORANDUM
TO: City Council
FROM: Ashley Garcia, Human Resources Officer
SUBJECT: Assembly Bill 2561 (City Workforce Vacancies, Recruitment, and
Retention Trends) Compliance Procedure
DATE: April 8, 2025
RECOMMENDATION:
1) Adopt a Resolution adopting procedures for public hearings under Assembly Bill 2561;
and
2) Direct staff to incorporate the procedure into the City Council Handbook.
IMPACT ON FINANCIAL AND PERSONNEL RESOURCES:
There is no immediate fiscal impact from the approval of a procedure to comply with
Assembly Bill 2561 (AB 2561) requirements. However, it is estimated that eight hours of
Human Resources staff time will be required annually to track vacancies, prepare a
presentation, and interface with employee groups for AB 2561 vacancy reporting.
BACKGROUND:
Effective January 1, 2025, AB 2561 amended the Meyers-Milias-Brown Act, adding
Government Code Section 3502.3, which now requires public agencies to provide annual
public updates on vacancy status and associated recruitment efforts. This legislation was
intended to respond to concerns in the California Legislature regarding widespread public
sector vacancies.
ANALYSIS OF ISSUES:
AB 2561 outlines three key requirements:
1. Annual Public Hearing on Vacancies
Public agencies must present a report on the status of vacancies at a public hearing
before their governing body at least once per fiscal year, preceding the adoption of the
final budget. This report must include:
Current recruitment and retention strategies.
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Item 9.f.
City Council
Assembly Bill 2561 (City Workforce Vacancies, Recruitment, and Retention Trends)
Compliance Procedure
April 8, 2025
Page 2
Identification of any policy or procedural changes impacting vacancy reduction
efforts.
In accordance with this requirement, a public hearing has been scheduled for the April
22, 2025, City Council meeting.
2. Additional Reporting for High Vacancy Rates
For bargaining units with vacancy rates exceeding 20% of total authorized full -time
positions, agencies are required, upon request, to provide detailed information including:
Total job vacancies within the bargaining unit.
Number of applicants for vacant positions.
Average hiring process duration (from posting to hiring).
Opportunities to improve compensation and working conditions.
Currently, no bargaining unit vacancies exceed 20%.
3. Employee Organization Presentations
Recognized employee organizations may make their own presentations during the same
public hearing, providing a forum for employee input alongside the agency’s vacancy
report.
Staff will invite representatives from Service Employees International Union (SEIU) Local
620 and Arroyo Grande Police Officers’ Association (POA) to present during the City’s
vacancy report public hearing on April 22, 2025. Representatives from the International
Association of Fire Fighters (IAFF) Local 4403 will be invited to present to the FCFA Board
when they receive a vacancy report specific to FCFA staffing on April 29, 2025.
To establish a procedure for annual vacancy reporting to comply with AB 2561, staff
developed a proposed order of presentation for the public hearing attached.
ALTERNATIVES:
The following alternatives are provided for the Council’s consideration:
1. Adopt procedure to comply with AB 2561 and add to City Council Handbook;
2. Modify proposed procedure; or
3. Provide other direction to staff.
ADVANTAGES:
Establishing a framework and procedure ahead of the first required public hearing will
clarify the order of the presentations for the multiple parties involved, including
expectations for length of presentation.
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Item 9.f.
City Council
Assembly Bill 2561 (City Workforce Vacancies, Recruitment, and Retention Trends)
Compliance Procedure
April 8, 2025
Page 3
DISADVANTAGES:
There are no disadvantages identified.
ENVIRONMENTAL REVIEW:
The AB 2561 Compliance procedure is not a project subject to the California
Environmental Quality Act (“CEQA”) because it has no potential to result in either a direct,
or reasonably foreseeable indirect, physical change in the environment. (State C EQA
Guidelines, §§ 15060 (c)(2) and (3), 15378.) Alternatively, the AB 2561 Compliance
procedure is exempt from CEQA on the basis that it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the
environment. (State CEQA Guidelines, § 15061, subd. (b)(3).)
PUBLIC NOTIFICATION AND COMMENTS:
The Agenda was posted at City Hall and on the City’s website in accordance with
Government Code Section 54954.2.
ATTACHMENTS:
1. Proposed Resolution
2. Assembly Bill No. 2561 Local Public Employees Vacant Positions Bill Text
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ATTACHMENT 1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ARROYO GRANDE ADOPTING PROCEDURES FOR
PUBLIC HEARINGS UNDER ASSEMBLY BILL 2561
WHEREAS, Assembly Bill 2561 (AB 2561), effective January 1, 2025, establishes new
legal obligations for the City to report the status of their workforce vacancies and
recruitment and retention efforts during a public hearing before the City Council at least
once per fiscal year; and
WHEREAS, AB 2561 also requires the City to identify during the public hearing any
necessary changes to City policies, procedures, and recruitment activities that may
contribute to obstacles in the City’s hiring process; and
WHEREAS, under AB 2561, the recognized employee organization for a bargaining unit
is entitled to make a presentation to the City Council during the public hearing ; and
WHEREAS, procedural rules and policies regarding this public hearing are intended to
ensure a fair, orderly, and efficient hearing process.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Arroyo
Grande does hereby adopt and approves the procedures set forth in Exhibit A,
incorporated herein, for public hearings held pursuant to California Assembly Bill 2561,
codified at Government Code § 3502.3.
On motion of Council Member , seconded by Council Member
, and on the following roll call vote, to wit:
AYES:
NOES:
ABSENT:
the foregoing Resolution was passed and adopted this day of , 2025.
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RESOLUTION NO.
PAGE 2
CAREN RAY RUSSOM, MAYOR
ATTEST:
JESSICA MATSON, CITY CLERK
APPROVED AS TO CONTENT:
MATTHEW DOWNING, CITY MANAGER
APPROVED AS TO FORM:
ISAAC ROSEN, CITY ATTORNEY
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EXHIBIT A
AB 2561 (City Workforce Vacancies, Recruitment, and Retention Trends)
Compliance Procedure
Introduction and Scope:
Effective January 1, 2025, Government Code section 3502.3 requires the City of Arroyo
Grande to present information on the status of vacancies at the City and the City’s
recruitment and retention efforts at a public hearing before the City Council at least once
per fiscal year.
Government Code section 3502.3 also requires the City of Arroyo Grande to identify
during the public hearing any necessary changes to City policies, procedures, and
recruitment activities that may contribute to obstacles in the City’s hiring process.
At the public hearing, a recognized employee orga nization for a bargaining unit is entitled
to make a presentation to the City Council addressing the status of vacancies and
recruitment and retention efforts for positions within that bargaining unit.
The purpose of these procedures is to establish a protocol for the City of Arroyo Grande’s
public hearings on vacancies in order to ensure a fair, orderly, and efficient hearing
process.
The agency should reserve the right to schedule separate public hearings for different
bargaining units and is not limited to one Public Hearing to address all vacancies and
recruitment and retention efforts within the entire agency.
Notice Requirements:
1. The Human Resources Department will notify in writing each recognized employee
organization that represents City of Arroyo Grande employees that the City Council
will hold a hearing pursuant to the obligations set forth under Government Code
section 3502.3 (Assembly Bill 2561). The notice will provide each recognized
employee organization the opportunity to identify any negotiable impacts/effects
regarding the agency’s compliance with Government Code section 3502.3 and the
agency’s board policy.
2. The Human Resources Department will notify in writing each recognized employee
organization that represents City of Arroyo Grande employees of the date, time
and place of the hearing at least ten (10) working days in advance of the hearing.
In the notice, the City will inquire whether the employee organization intends to
make a presentation to the City Council at the public hearing. The City will request
that, for planning purposes, the employee organization provides written notice to
the Human Resources Department at least five (5) working days in advance of the
public hearing indicating whether the employee organization intends to make a
presentation at the public hearing.
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EXHIBIT A
The notice will also include information about the amount of time that the City
Council has allotted to employee organizations for each bargaining unit that the
organization represents for the purpose of making a presentation at the public
hearing.
3. In the event the vacancy rate for the bargaining unit is at least 20% of the total
number of authorized full-time positions in the bargaining unit, an employee
organization may request that the City present “additional information” related to
the vacancies as permitted by Government Code section 3502.3. The City will
request that the employee organization provide a written request for the
presentation of such information to the Human Resources Department at least five
(5) working days in advance of the public hearing. The “additional information”
includes the following: (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; and (4) opportunities to improve compensation and other
working conditions.
4. Notice of the hearing to the public will be provided in accordance with the Ralph
M. Brown Act. (Gov. Code §§ 54950-54963.)
5. A City staff report regarding vacancies and recruitment and retention efforts may
be published as part of the agenda packet for the meeting.
6. The City and recognized employee organizations may agree to exchange
presentation materials in advance of the public hearing.
Order of the Hearing:
The public hearing will proceed in the following order:
1. City Presentation: The City presentation will be limited to ten (10) minutes for each
bargaining unit that it represents. The City may choose to present on all bargaining
units at once, or to present data for each bargaining unit separately followed by
each applicable employee organization presentation.
2. Employee Organization Presentation: Following the agency presentation, each
employee organization will have the opportunity to make a presentation for each
of the bargaining units that the employee organization represents. For each
bargaining unit, the employee organization presentation will be limited to ten (10)
minutes and should not contain bargaining proposals to the City on matters that
have not been presented in bargaining.
3. City Council Questions and Discussion: The City Council may ask questions of the
City and the employee organization presenters.
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EXHIBIT A
4. Final City Comments: Final City comments will be limited to three (3) minutes per
bargaining unit.
5. Final Employee Organization Comments: Final employee organization comments
will be limited to three (3) minutes per bargaining unit.
6. Public Comment: Public comment regarding the AB 2561 hearing will be limited to
three (3) minutes per person.
Standards of Discourse:
The City of Arroyo Grande’s City Council recognizes that engaging with diverse
perspectives is vital for effective governance and a vibrant communit y. To ensure full
expression of such diverse perspectives, the City Council should ensure that participants
follow the principles of respectful and civil discourse.
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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-BrownAct (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.
92
STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
ATTACHMENT 2
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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
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—2 — Ch. 409
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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.
O
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Ch. 409—3 —
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