ITEM:

PUBLIC HEARING

 

17.

HOLD A PUBLIC HEARING ON ANNUAL STATUS OF VACANCIES, RECRUITMENT, AND RETENTION EFFORTS PURSUANT TO GOVERNMENT CODE SECTION 3502.3

 

Meeting Date:

May 19, 2025

Budgeted: 

N/A

 

From:

David J. Stoldt,

General Manager

Program/

Line Item No.:

 

N/A

 

 

 

 

Prepared By:

Sara Reyes

Cost Estimate:

N/A

 

General Counsel Review:  Yes

Committee Recommendation: N/A

CEQA Compliance: This action does not constitute a project as defined by the California Environmental Quality Act Guidelines Section 15378.

 

SUMMARY:   Governor Newsom signed Assembly Bill 2561 (AB 2561) into law on September 22, 2024, amending the Meyers-Milias-Brown Act (MMBA). AB 2561 added California Government Code Section 3502.3, which requires public agencies to hold a public hearing at least once per fiscal year to report on vacancy rates, recruitment status, and retention efforts.

 

During the hearing, the agency must identify any necessary changes to policies, procedures, or recruitment activities that may be creating obstacles in the hiring process. Recognized employee organizations (unions) are entitled to make a presentation at the hearing.

 

Additionally, if vacancies within a single bargaining unit meet or exceed 20% of the authorized full-time positions, the agency must—upon request of the recognized employee organization—provide additional information during the hearing.

 

Visit the California Public Employment Relations Board for more information.

 

LEGISLATIVE BACKGROUND: As noted in Assembly Bill 2561 (AB 2561), the Legislature recognized a statewide interest in ensuring that public agency operations are adequately staffed and that high vacancy rates do not undermine public employee labor relations. A copy of the law is attached to this report.  AB 2561 adds the following section to the Government Code Section 3502.3:

 

(a) (1) A public agency shall present the status of vacancies and recruitment and retention efforts during a public hearing before the governing board at least once per fiscal year.

 

(2)   If the governing board will be adopting an annual or multiyear budget during the fiscal year,

the presentation shall occur prior to the adoption of the final budget.

 

(3)   During the hearing, the agency shall identify any necessary changes to policies, procedures, and recruitment activities that may be creating obstacles in the hiring process.

 

(b) The recognized employee organizations for a bargaining unit are entitled to make a presentation at the public hearing where the agency presents vacancy and recruitment information for positions within that unit.

 

(c)   If the number of job vacancies within a single bargaining unit meets or exceeds 20 percent of the total number authorized full-time positions, the agency shall, upon the request of the recognized employee organization, 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 those vacancies.
  3. Average number of days to complete the hiring process from posting to hire.
  4. Opportunities to improve compensation and working conditions.

 

(d)   This section does not prevent the governing board from holding additional public hearings on vacancies.

 

(e)   Should any provision of this section be deemed invalid, the remaining provisions shall continue in full force and effect.

 

(f)    For purposes of this section, “recognized employee organization” has the same meaning as defined in Government Code Section 3501(a).

 

The full text of AB 2561 can be viewed on the California Legislative Information website

 

STATUS AT MPWMD: The Monterey Peninsula Water Management District (MPWMD) has 26 full-time positions budgeted, with one (1) vacancy as of April 15, 2025, which is approximately a 3.8% vacancy rate.  However, this position is currently in the recruitment process.  Attached is a table summarizing the total budgeted positions in each bargaining unit and the percentage of total vacancies.  The General Staff Bargaining Unit is the only bargaining group with vacancies; however, it does not exceed the 20% vacancy threshold.

 

The MPWMD has historically maintained a stable workforce with minimal turnover.  However, in the past two years, MPWMD has experienced an increase in retirements among long-term employees.

 

MPWMD currently posts job announcements on its website as well as GovernmentJobs.com, CSDA.net, Indeed.com, and other job boards.  At this time, no changes to recruitment policies, procedures, or activities are necessary, as recruitment efforts have been effective and positions are being successfully filled. Staff will continue to monitor and evaluate recruitment and retention strategies and will identify and implement changes as needed in the future.

 

RECOMMENDATION: That the Board of Directors receive the informational report on the Monterey Peninsula Water Management District’s Vacancies, Recruitment, and Retention Efforts pursuant to Government Code Section 3502.3.

  

EXHIBITS

17-A    Vacancies Summary

17-B    Vacancies and Recruitment and Retention Efforts

 

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