ACTION:
____________________________
Clerk/Secretary
Department: Human Resources Item No: PH2
Prepared by:
Erica Valdovino-Smith, Human Resources
Analyst Meeting Date: May 27, 2025
Approved by:
Natalie Jacobs, Human Resources Director
John Conley, City Manager Agenda Location: Public Hearing SUBJECT: COMPLIANCE WITH NEW LEGAL OBLIGATION RE: PUBLIC HEARING ON VACANCIES AND RECRUITMENT AND RETENTION EFFORTS (ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3)
RECOMMENDATION:
1.Open, conduct, and close a public hearing regarding AB 2561 Vacancy, Recruitment, and Retention efforts.
2.Adopt City Council Resolution No. 2025- , adopting procedures for public hearing on vacancies and recruitment and retention efforts as required by Assembly Bill 2561.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: No prior action.
STATEMENT ON THE SUBJECT: Assembly Bill (“AB”) 2561 (McKinnor) was introduced last year to address the issue of job vacancies in local government, which adversely affects the delivery of public services and employee workload. Among other requirements, the bill mandates that public agencies present the status of vacancies and recruitment and retention efforts during a public hearing before the agency’s governing body at least once per fiscal year. The bill was enacted into law and is codified at Government Code section 3502.3. The new law is effective January 1, 2025.
In compliance with the new legal obligations, the City is required to do the following:
1.Public Hearing: At least once each fiscal year, at a public hearing before the City Council the City shall 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)).
If the City Council adopts an annual or multiyear budget during the fiscal year, this presentation must occur prior to the City Council’s adoption of the final budget for the City. (Gov. Code § 3502.3(a)(2).)
2.Employee Organization Participation: Allow the recognized employee organization for each bargaining unit at the City to make presentations during the public hearing concerning vacancies AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
Opened, conducted, and closed public hearing. Approved the above recommendation, adopted City Council Resolution No. 2025-94. Vote: 5-0
MEETING DATE: May 27, 2025 PAGE 2
SUBJECT: COMPLIANCE WITH NEW LEGAL OBLIGATION RE: PUBLIC HEARING ON VACANCIES AND RECRUITMENT AND RETENTION EFFORTS (ASSEMBLY BILL 2561/GOVERNMENT CODE SECTION 3502.3)
and recruitment and retention efforts. There are 5 bargaining units at the City. (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 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).) None of the 5 bargaining units at the City of Vista are currently experiencing vacancies that meet or exceed 20% of the positions in that bargaining unit.
Procedures for the Public Hearing on City Vacancies and Recruitment and Retention Efforts. The Procedures for the Public Hearing on City Vacancies and Recruitment and Retention Efforts (“Procedures”) establish protocol for the City’s public hearings on vacancies in order to ensure a fair, orderly and efficient hearing process.
The Procedures set forth specific requirements concerning matters such as the provision of notice to recognized employee organizations regarding the public hearing and their right to make a presentation at the hearing, the length and order of the City’s and the employee organizations’ presentations, and the standards of discourse during the public hearing.
FISCAL IMPACT: There is no direct fiscal impact associated with conducting the public hearing required under AB2561/Government Code section 3502.3.
EXHIBITS:
1.City Council Resolution No. 2025- , adopting procedures for public hearing on vacancies and recruitment and retention efforts as required by Assembly Bill 2561
2.Recommended AB 2561 Public Hearing Procedures
05/27/2025 PH2 Page 2 of 5
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF
VISTA, CALIFORNIA, ADOPTING PROCEDURES FOR PUBLIC HEARING ON
VACANCIES AND RECRUITMENT AND RETENTION EFFORTS AS
REQUIRED BY ASSEMBLY BILL 2561
The City Council of the City of Vista does resolve as follows:
1. Findings. The City Council hereby finds and declares the following:
A. The City of Vista desires to adopt the procedures for the public hearing regarding Assembly Bill (“AB”) 2561.
B. Future annual presentations fulfilling the City’s obligation to report on vacancies and recruitment and retention efforts shall conform with the procedures for public hearing on vacancies and recruitment and retention efforts as required by AB 2561 attached hereto and incorporated herein by reference as exhibit A.
2. Action.
A. The adoption of procedures for public hearing on vacancies and recruitment and retention efforts as required by AB 2561 attached hereto are approved.
B. The adoption of procedures for public hearing on vacancies and recruitment and retention efforts as required by AB 2561 contained in exhibit A shall become effective July 1, 2025.
3. Adoption. PASSED AND ADOPTED at a meeting of the City Council of the City of Vista held on May 27, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
APPROVED AS TO FORM:
WALTER CHUNG, CITY ATTORNEY
By:
JOHN FRANKLIN, MAYOR
ATTEST:
KATHY VALDEZ, CITY CLERK
By:
APPROVED
Walter C. Chung
20250519173028
05/27/2025 PH2 Page 3 of 5
EXHIBIT 1
PROCEDURES FOR THE PUBLIC HEARING REGARDING AB 2561
Introduction and Scope:
Effective January 1, 2025, Government Code section 3502.3 requires the City 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 to identify during the public hearing any necessary changes to the City of Vista’s policies, procedures, and recruitment activities that may contribute to obstacles in the City’s hiring process.
At the public hearing, a recognized employee organization for a bargaining unit is entitled to make a presentation to the City’s 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 protocol for the City’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 City will notify in writing each recognized employee organization that represents City employees that the City’s 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 City will notify in writing each recognized employee organization that represents City 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’s 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.
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 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 05/27/2025 PH2 Page 4 of 5
EXHIBIT 2
PROCEDURES FOR THE PUBLIC HEARING REGARDING AB 2561
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 agenda 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 five (5) minutes and should not contain bargaining proposals to the City on matters that have not been presented in bargaining.
3. Governing Body Questions and Discussion: The City’s City Council may ask questions of the City and the employee organization presenters.
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.
05/27/2025 PH2 Page 5 of 5