AB 2561 An Attempt to Tackle the Public Sector Vacancy Crisis

What employers are covered by AB 2561:

AB 2561 applies to employers covered by the Meyers-Milias-Brown Act (i.e., cities, counties, and special districts such as utility districts).

The problem AB 2561 seeks to solve:

There is a vacancy crisis in the public sector. Public sector employers are purposely leaving budgeted vacancies unfilled so they can use the money for other purposes, they do not offer a salary or benefit package that attracts competitive candidates, and/or their hiring process is too slow and cumbersome to be able to make offers to candidates before other employers snatch them up. Many public employees have become overworked and demoralized because their workload used to be distributed among a much larger number of employees. Additionally, the public employer sometimes points to the existence of unfilled vacant positions as an excuse to hire temporary public employees or contract out bargaining unit work to private contractors.

The strategic solution that AB 2561 offers:

AB 2561 provides the union with a structured opportunity, at least once a fiscal year, to compel the employer’s governing body (i.e., city council, board of supervisors or board of directors) to focus its attention on the vacancy crisis.

Starting January 1, 2025, the employer must present the status of vacancies and recruitment and retention efforts during a public hearing before the governing body at least once per fiscal year. During that presentation, the employer must also identify any necessary changes to policies, procedures, and recruitment activities that may lead to obstacles in the hiring process. Importantly, the union is entitled to make a presentation at that public hearing. The union’s presentation must be a part of the agendized public hearing, not during a generic public comment period. Notably, AB 2561 does not limit the length of time the union can present at the public hearing. If during the fiscal year, the governing board will be adopting an annual or multi-year budget, the presentation must occur prior to the adoption of the final budget. This means the union can use the public hearing to try to influence the employer’s budgetary decisions—by hopefully persuading the governing body to commit to hiring more permanent public employees and to address any barriers to recruitment and retention.

Additionally, 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 public agency must (upon request by the union) include all of the following information during the public hearing:

(1) Total number of job vacancies within the bargaining unit;

(2) Total number of applicants for vacant positions within the bargaining unit;

(3) 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.

Strategy:

We recommend unions use this bill strategically to shine a light on the vacancy crisis and pressure the governing body—using the employer’s own data—to recognize the problem and take concrete steps to fix it through its budgetary process.

For more information, contact your legal counsel.