ACTION:
____________________________
Clerk/Secretary
Department: Human Resources Item No: PH1
Prepared by:
Erica Valdovino-Smith, Human Resources
Analyst Meeting Date: April 28, 2026
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: Open, conduct, and close a public hearing regarding AB 2561 Vacancy, Recruitment, and Retention efforts.
CORRELATION TO CITY COUNCIL GOALS: Routine operational item not directly corresponding to a specific City Council goal.
PRIOR ACTION: On May 27, 2025, adopted City Council Resolution No. 2025-94, adopting procedure for public hearing on vacancies and recruitment and retention efforts as required by AB 2561 (Vote: 5-0).
STATEMENT ON THE SUBJECT: Assembly Bill (“AB”) 2561 was introduced 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 became effective on 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 and recruitment and retention efforts. There are 5 bargaining units at the City. (Gov. Code § 3502.3(b).) AGENDA
REPORT
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SUCCESSOR AGENCY
BUENA SANITATION DISTRICT
JOINT POWERS FINANCING AUTHORITY
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Opened, conducted and closed the public hearing regarding AB 2561 Vacancy, Recruitment, and Retention efforts. Vote: 5-0
MEETING DATE: April 28, 2026 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)
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).)
FISCAL IMPACT: There is no direct fiscal impact associated with conducting the public hearing required under AB2561/Government Code section 3205.3.
EXHIBITS: None
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