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8. The Legislative Body May Act on Items Not on the Agenda to Address
Emergency Situations, Subsequent Need Items, and Held-Over Items. The
Legislative Body May Also Respond to Public Comments and Make
Announcements.

Generally, the legislative body may not discuss or take action on any item that
does not appear on the posted agenda. There are, however, exceptions to this general rule.

a. “Emergency Situation.” An “emergency situation” is defined as a work
stoppage, crippling activity, or other activity that severely impairs public health and/or safety, or
a crippling disaster, mass destruction, terrorist act, or threatened terrorist activity that poses
immediate and significant peril to the public health and/or safety. Before proceeding to act upon
an emergency item not appearing on the agenda, the legislative body must, by a majority vote,
determine an emergency situation exists and that prompt action is required by the legislative
body.

b. “Subsequent Need” Items. The legislative body may act upon an item not
appearing on a regular agenda upon a finding that there is a need for immediate action and the
need for action came to the attention of the local agency after the agenda was posted. The
legislative body must make that finding by a two-thirds vote of the members present or by
unanimous vote if less than two-thirds, but more than a quorum, of its members are present.

c. Held-Over Items. Items may be acted upon at a meeting if:

(1) The item appeared on a properly posted agenda for a previous
meeting; and

(2) The previous meeting occurred not more than five calendar days
prior to the date of the meeting at which the item is proposed to be
considered; and

(3) The item was continued from the previous meeting to the meeting
at which action is proposed to be taken.

d. Response to Public Comments: Announcements. Members of the
legislative body or its staff may briefly respond to statements made or questions posed by
persons exercising their public testimony rights under Government Code section 54954.3.
Members of the legislative body or its staff may also make a brief announcement, make a brief
report on their own activities, ask a question for clarification, provide a reference to staff or other
resources for factual information, or request staff to report back to the legislative body at a
subsequent meeting concerning any matter. The legislative body or any of its members may also
direct staff to place a matter of business on a future agenda.

(Government Code §§ 54954.2, 54954.3, 54956, 54956.5.)

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