To: Board of Supervisors
From: Legislation Committee
Report Title: ADOPT an OPPOSE position on AB 2561 (McKinnor)
☐Recommendation of the County Administrator ☒ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT a position of “Oppose” on AB 2561 (McKinnor) Local Public Employees: Vacant Positions, a bill that requires each public agency with bargaining unit vacancy rates exceeding a specified percent for more than a specified number of days to meet and confer with a representative of the recognized employee organization to implement a plan to fill all vacant positions, as recommended by the Legislation Committee.
FISCAL IMPACT:
Unknown. This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
BACKGROUND:
At their March 25, 2024 meeting, the Legislation Committee (Supervisors Burgis and Carlson) considered a recommendation from the County Administrator to oppose AB 2561 (McKinnor). This is a burdensome bill that makes overly simplistic assumptions about position vacancies without taking into account the many reasons they may exist and persist. The Legislation Committee voted to recommend a position of “Oppose” to the Board of Supervisors because there is no existing related policy in the adopted 2023-24 State Legislative Platform.
AB 2561 would require public agencies with bargaining units with a vacancy rate exceeding 10% or more for 90 days within the last 180 days to:
1. Meet and confer with the recognized employee association
2. Produce, publish, and implement a plan, with specified components, to fill all vacant positions within 180 days
3. Present the plan to the local governing body and post it on the internet for at least 1 year
The bill was introduced on February 14, 2024 and referred to the Assembly Committee on Public Employment and Retirement. The bill was amended in the Assembly on March 11, 2024 and re-referred back to the Committee.
See Attachment A for the text of AB 2561.
LEGISLATIVE COUNSEL'S DIGEST
AB 2561, as amended, McKinnor. Local public employees: vacant positions.
Existing law, the Meyers-Milias-Brown Act (act), authorizes local public employees, as defined, to form, join, and participate in the activities of employee organizations of their own choosing for the purpose of representation on matters of labor relations. The act prohibits a public agency from, among other things, imposing or threatening to impose reprisals on employees, discriminating or threatening to discriminate against employees, or otherwise interfering with specified employee rights guaranteed by the act.
This bill would require each public agency with bargaining unit vacancy rates exceeding 10% for more than 90 days within the past 180 days to meet and confer with a representative of the recognized employee organization to produce, publish, and implement a plan consisting of specified components to fill all vacant positions within the subsequent 180 days.
The bill would require the public agency to present this plan during a public hearing to the governing legislative body and to publish the plan on its internet website for public review for at least one year. By imposing new duties on local public agencies, the bill would impose a state-mandated local program. The bill would also include findings that changes proposed by this bill address a matter of statewide concern.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement shall be made pursuant to these statutory provisions for costs mandated by the state pursuant to this act, but would recognize that a local agency or school district may pursue any available remedies to seek reimbursement for these costs.
Vote: majority Appropriation: no Fiscal Committee: yes Local Program: yes
CONSEQUENCE OF NEGATIVE ACTION:
The Board will not have an advocacy position on the bill.