AB 2561 Requires Public Agencies to Present Annual Update on Vacancies

10.09.2024

On September 22, 2024, Governor Newsom signed Assembly Bill 2561 (“AB 2561”) 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. As basis for the new requirements, the California Legislature determined that vacancies are a widespread and significant problem in the public sector. Vacancies require employees to take on heavier workloads, resulting in burnout and increased turnover, which negatively impacts the delivery of public service.

Public Hearing Requirements

AB 2561 requires public agencies to present the status of their vacancies in a public hearing before their governing body at least once per fiscal year. The presentation must be made prior to the adoption of a final budget for the fiscal year. This report must also address the recruitment and retention efforts currently employed by the public agency. During this presentation, the public agency is also required to identify any changes to policies, procedures or recruitment activities that negatively impact the entity’s efforts to reduce its vacancies.

Additionally, if the number of vacancies exceeds 20% of the total number of authorized full-time positions in a particular bargaining unit, the public agency shall include the following information in its presentation upon request of the recognized employee organization:

The total number of job vacancies within a bargaining unit.
The total number of applicants for vacant positions within the bargaining unit.
The average number of days to complete the hiring process from when a position is posted.
Opportunities to improve compensation and other working conditions.

Finally, AB 2561 requires that recognized employee organizations shall be entitled to make a presentation before the governing board of a public agency during the same public hearing in which the public agency makes its annual presentation on vacancies.

Takeaways For Public Agency Employers

While certain public agencies may have historically relied on vacancy savings to balance their annual budgets, these efforts will now be subject to greater scrutiny in a public forum. With the new reporting obligations under AB 2561, public agencies may either need to be more proactive in their efforts to fill vacancies or reconsider the number of budgeted positions that are necessary to properly staff its programs and services. That is particularly true in those circumstances where vacancies exceed 20% of the authorized positions in bargaining unit.

Should you need assistance on how to satisfy the requirements of AB 2561, please contact the authors of this Alert or your counsel at Atkinson, Andelson, Loya, Ruud & Romo.