RulesCommunications Highlights 2010 0223

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Government Code Sec. 54954.2- {2)No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3• In addition, on their own initiative or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report on his or her own activities. Furthermore, a member of a legislative body, or the body itself, subject to rules or procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter, or take action to direct staff to place a matter of business on a future agenda. >Itl RESPONDING TO THE PUBLIC The public can talk about anything, but the legislative body generally cannot act on or discuss an item not on the agenda. What happens when a member of the public raises a subject not on the agenda? While the Brown Act does not allow discussion or action on items not an the agenda, it does allow members of the legislative body, or its staff, to "briefly respond" to comments or questions from members of the public, provide a re#erence to staff or other resources for factual information, or direct staff to place the issue on a future agenda. [n addition, even without a comment from the public, a legislative body member or a staff member may ask for information, request a report back or to place a matter of business on the agenda for a subsequent meeting !subject to its own rules or procedures}, ask a question far clarification, make a brief announcement, or briefly report on his or her own activities." However, caution should be used to avoid any discussion or action on such items. Councilmember A: J would like staff to respond to Resident Joe's complaints during public comment about the repaving project on Elm Street -are there problems with this project? City Manager_ The public works director has prepared a 45-minute power point presentation for you on the status of this project and will give it right now, Councilmember s: Take alJ the time you need; we need to get to the bottom of this. Our residents are unhappy. It is clear from this dialogue that the FIm Street project was not on the Council's agenda, but was raised during the public comment period for items not on the agenda. Councilmember A properly asked staff to respond; the City Manager should have given a brief response. if a lengthy report from the public works director was warranted, the City Manager should have stated that !t would be placed on the agenda for the next meeting. Otherwise, both the long report and the likely discussion afterward will improperly embroil the Council in a matter that is not listed on the agenda.