Chapter Four – Legal Matters
4.1 The Ralph M. Brown Act and City Council Ordinance No. 22-02 Most City of Irvine advisory bodies are subject to State law governing open meetings related to proceedings of local agencies. The California law governing open meetings, formally entitled the Ralph M. Brown Act and commonly referred to simply as the Brown Act, is found in California Government Code Section 54950 et seq. The Brown Act was enacted by the Legislature to ensure that local public agencies deliberate and take action on governmental matters at meetings open to the public and in which the public may participate. To further this goal, the Brown Act generally requires that all items proposed to be discussed or voted at a local agency meeting be noticed on a posted agenda. Agendas must include a brief description of each such item. City Council Ordinance No. 22-02 was adopted by the City Council on April 12, 2022, revising and modifying the Municipal Code as it relates to public meetings and public records. The ordinance applies to the City Council, Great Park Board, and all City Commissions and Committees. Agenda Materials With limited exception, the public must also have access to all staff reports and writings in connection with an agenda item once they are disseminated to a majority or all of the members of an advisory body. This includes writings distributed by staff, a board member, or members of the public after the posting of the agenda or during a meeting. Public Comments The posted agenda also shall indicate when members of the public have the opportunity to address the commission/committee. Members of the public may testify to any agenda item before action is taken. The public may also testify to non-agenda matters that fall within the jurisdiction of the advisory body at regular meetings. Although the commission or committee is prohibited from engaging in discussions or acting on matters not on the agenda, a member of the advisory body may briefly respond to statements or questions posed by the public; ask questions for clarification; refer the matter to staff; or direct staff to place a matter of business on a future agenda. Commission or committee members may also make brief announcements or report on his/her own activities within the purview of the advisory body.
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