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TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Dana Hang, Human Resources & Risk Manager
SUBJECT: Consideration and possible action to conduct a public hearing regarding job vacancies, recruitment, and retention efforts.
DATE: June 9, 2025
EXECUTIVE SUMMARY
Government Code Section 3502.3 requires public agencies to hold at least one public hearing per fiscal year to report on vacancies, recruitment and retention efforts before adoption of the final budget. The public hearing must precede the City Council’s adoption of a budget. This report discusses the City’s legal obligations under the new law, which became effective January 1, 2025.
RECOMMENDATION TO CITY COUNCIL
1) Open and conduct a public hearing, and receive and file this report, pursuant to applicable law, regarding the City’s job vacancies, recruitment and retention efforts ; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
There is no fiscal impact associated with this action.
DISCUSSION
On September 22, 2024, Assembly Bill 2561 (2024) (“AB2561”), which was signed into law to amend the Meyers-Milias-Brown-Act (“MMBA”) and create a new obligation for public agencies to publicly address the status of their vacancies. Effective January 1, 2025, AB 2561 requires public agencies to hold at least one public hearing per fiscal year to report on vacancies, recruitment and retention efforts. AB 2561 was introduced in an attempt to address the issue of persistent job vacancies in local governments where they may exist.
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Staff Report – AB 2561 Public Hearing
June 9, 2025
DISCUSSION – Continued
In compliance with the new legal mandate, the following is required:
1. Public Hearing: At least once each fiscal year, at a public hearing before the City Council, the City must 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)). This presentation must occur before the adoption of the final budget (Gov. Code § 3502.3(a)(2)).
2. Employee Organization Participation: Allow the City’s recognized employee organization for each bargaining unit to make presentations during the public hearing concerning vacancies and recruitment and retention efforts , if they choose. (Gov. Code § 3502.3(b)).
3. Additional Reporting for High Vacancy Rates: If the number of job vacancies within a single bargaining unit meets or exceeds 20% of the total number of authorized full-time positions, 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)).
The City has five employee groups, three full-time employee bargaining units, one part-time employee bargaining unit and one unrepresented group, as follows:
• AFSCME 1511 (Mid-Managers)
• AFSCME 3745 (Maintenance)
• Bellflower City Employees’ Association (BCEA) (Executive Assistant) • Bellflower City Employees’ Association (BCEA) (Part-Time) • Unrepresented Group
On May 20, 2025, a notice was sent advising of the City of Bellflower’s Notice of Intent to Comply with Government Code Section 3502.3 and Notice of Public Hearing Regarding Vacancies. There are no bargaining units that indicated interest in making a presentation at the public hearing.
Based on the data as of May 29, 2025, none of the full-time bargaining units have a vacancy rate exceeding 20% of the total number of authorized full -time positions. The table below outlines the vacancy rate by employee group:
Bargaining Unit FY 24-25
Budgeted
Positions
Positions
Filled
Number of
Vacancies
Vacancies
(%)
AFSCME 1511 (Mid- Managers) 40 37 3 7.5%
AFSCME 3745 (Maintenance) 27 27 0 0%
Bellflower City Employees
Association (Executive Assistant)
8 8 0 0%
Unrepresented Group 12 12 0 0%
Total 87 84 3 3.4%
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Staff Report – AB 2561 Public Hearing
June 9, 2025
DISCUSSION – Continued
The City remains committed to positive employee engagement and fostering positive employee experiences, such as employee engagement and recognition programs, wellness program incentive, deferred compensation match, employee engagement events, employee training, educational reimbursement, and career growth opportunities.
And, the City Council has reaffirmed its commitment to long-term organizational health and sustainability through its recent Strategic Plan by identifying the need to “Continue Investing in a High-Performing and Efficient Team at City Hall” as one of its major priorities.
AB 2561 also requires the City to identify any necessary changes to policies, procedures, and recruitment activities that may lead to hiring obstacles. Overall, the City’s recruitment and retention policies and efforts have been largely successful in maintaining employee longevity and recruiting appropriate candidates. The Human Resources & Risk Manager (“HR Manager”) has not identified any necessary changes to policies and procedures that may present obstacles in the hiring process at this time.
The HR Manager will continue to assess the City’s ongoing recruitment and retention efforts and seek ways to improve the effectiveness of the recruitment process for the benefit of the organization and its employees.
ATTACHMENT
A. AB 2561 Text .............................................................................................................. 3
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SHARE THIS: Date Published: 09/23/2024 09:00 PM
AB-2561 Local public employees: vacant positions.(2023-2024)
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-Brown Act (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 Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites -4-
A.“ . .
’Ilf ‘ LEGISLATIVE INFORMATION L
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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.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes 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. -5-
(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 -6-
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 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.
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