Sep 11 Request for Governor Veto on AB 2561, Vacancies in Local Government

September 11, 2024
The Honorable Gavin Newsom, Governor of California 
1021 O Street, Suite 9000
Sacramento, CA 95814

Re: AB 2561 (McKinnor): Local Public Employees: Vacant Positions – Request for Veto

Dear Governor Newsom,

On behalf of the Marin County Board of Supervisors, we join CSAC, Cal Cities, Urban Counties of California (UCC), Rural County Representatives of California (RCRC), County Health Executives Association of California (CHEAC), County Behavioral

Health Directors Association (CBHDA), California Welfare Directors Association (CWDA), and many others in respectfully requesting your veto on Assembly Bill 2561 (McKinnor), which would present public agencies with new, costly administrative burdens associated with the inevitable reality of vacancies in the public sector workforce.

Specifically, the bill would:

• Require all public agencies to present the status of vacancies, recruitment, and retention efforts at annual public hearings; and
• Create new, required administrative processes for all public agencies if any employee bargaining unit experiences a >20% vacancy rate. This includes sharing detailing data about vacant positions, recruitments, and a detailed plan for filling that bargaining unit’s vacancies within 180 days.
• Require the state to fund the costs of these activities at >$13.5 million per year.

While we understand the goals of AB 2561, the bill’s proposed ‘solutions’ to public sector staffing shortages unfortunately apply a “one size fits all” approach. To be clear, our Board is committed to a fully staffed, effective workforce – and two years ago even added Employee Recruitment and Retention as one of our County’s six highest priorities. However, we also acknowledge the inevitable reality of vacancies in County operations. Hard-to-fill positions include those requiring niche certification, working in challenging environments or time shifts, and/or that necessitate only the highest quality candidates. These can experience vacancies despite extensive recruitment efforts by the County.

Additionally, the 20% rate does not include a minimum number of people in a bargaining unit that would it apply to. For bargaining units with five or fewer employees, that 20% threshold would be reached with only one vacancy. The County of Marin has two bargaining units with single digit employees – and therefore just 1-2 vacancies would trigger AB 2651’s extensive and costly administrative requirements.

For the above concerns, we respectfully request your veto on AB 2561.

Respectfully, 

Dennis Rodoni, President
Marin County Board of Supervisors

Cc:       Marin County Board of Supervisors 
Senator Bill Dodd
Senator Mike McGuire 
Assemblymember Damon Connolly