FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
AGENDA ITEM #3
MEETING DATE July 16, 2025
PREPARED FOR Mayor and Town Council
PREPARED BY Heather Abrams, Town Manager
SUBJECT Hold a Public Hearing on Vacancy Reporting in Compliance with AB 2561 and Government Code 3502.3
RECOMMENDATION
Staff recommends that Council receive the presentation for information purposes only during the public hearing at which the Town will report on workforce vacancies, recruitment, and retention efforts.
BACKGROUND
Assembly Bill 2561 (AB 2561) requires public agencies, including the Town, to hold at least one public hearing per fiscal year to discuss vacancies, recruitment, and retention efforts. This staff report along with the public presentation discusses the Town’s legal obligations under the new law, which took effect January 1, 2025.
DISCUSSION
AB 2561 addresses the issue of job vacancies in local government, which can affect the delivery of public services and employee workload. Among other requirements, the bill mandates that public agencies conduct a public hearing to present the status of vacancies, recruitment, and retention efforts before the agency’s governing body at least once per fiscal year prior to the adoption of the next fiscal year’s budget, and to identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. The bill was enacted into law and is codified as Government Code section 3502.3, effective January 1, 2025.
In compliance with the new legal obligations, the Town is required to do the following:
1. Public Hearing – Report on Vacancies: For the calendar year 2024, the Town’s annual average percentage of vacancies (i.e., regular, full-time equivalent) is 7%. 2 The table below shows a break-down of the percentage of vacancies (regular full-time equivalent) at the end of each month:
2024 Jan Feb Mar Apr May Jun July Aug Sep Oct Nov Dec
# of Vacancies
Beginning of the
Month
4.5 3.5 3.25 3.25 3.25 3.25 3.25 2 2 1 1 1
# of Terminations 0 0 1 0 0 0 0 0 0 0 0 0
# of New Hires 1 0.25 1 0 0 0 0 1.25 1 0 0 0
# of Promotions 0 0 3 1 0 0 0 1 1 0 0 0
# of Budgeted FTEs 36 36 36 36 36 36 36 36 36 36 36 36
% of Vacancies 12.5
0%
9.72 %
9.03 %
9.03 %
9.03 %
9.03 %
9.03 %
5.56 %
5.56 %
2.78 %
2.78 %
2.78 %
Please note that the above chart does not include the following positions, which are listed on the Town’s Salary Schedule and are purposely not filled and not funded:
2. Employee Organization Participation: Allow the recognized employee organization for each bargaining unit at the Town to make a presentation during the public hearing concerning vacancies and recruitment and retention efforts. The Town Manager acting as the Human Resources Division notified the two represented bargaining units at the Town of the opportunity to present. (Gov. Code § 3502.3(b).)
3. Additional Reporting for High Vacancy Rates: If vacancies within a single bargaining unit meet or exceed 20% of authorized full-time positions in that bargaining unit, upon request of the recognized employee organization for that bargaining unit, the Town must provide additional information during the public hearing, including the following: (1) the total number of vacancies within the bargaining unit; (2) the number of applicants; (3) the average number of days to fill positions; and (4) opportunities to improve compensation and working conditions for employees in the bargaining unit. (Gov. Code § 3502.3(c).)
* * Positions not intended to be filled in the current fiscal year:
* * CHIEF BUILDING OFFICIAL/PW MGR
* * SENIOR PLANNER
* * BUILDING INSPECTOR
* * MANAGEMENT ANALYST
* * MARKETING & COMMUNICATION SPECIALIST
* * ACCOUNTANT I
* * ASSISTANT PLANNER
* * ADMINISTRATIVE ASSISTANT
* * RET SPEC HELP SPECIAL PROJ
3 Given that the Town’s low vacancy rate (7%) falls below the 20-percent threshold, there is no need for additional reporting. Therefore, staff are not proposing any modifications to existing recruitment processes at this time.
This report serves to confirm the Town's compliance with the requirements of Government Code § 3502.3. With this public hearing and presentation, we have fulfilled our obligations, and no further action is required from the Town Council.
COMMUNITY OUTREACH
Community Outreach was through contacting the Town’s two bargaining units and all staff, as well as through posting of the Town Council agenda. The agenda and staff report are posted on the Town’s web page. Job announcements are routinely posted on the Town’s website as well as in specific job-posting platforms focused on the job specialty.
FISCAL IMPACT
There is no direct fiscal impact associated with conducting the public hearing required under Government Code section 3205.3. Staff time used to prepare this report is not reimbursed by the State.