VACo opposes SB 876 ( Ebbin), as introduced, regarding public bodies inability to act on amended agenda items until a later meeting.
The bill expands current notice information required of Public Bodies providing that the notice shall include a proposed agenda listing all items expected to be considered by the public body at the meeting and that agenda items shall be sufficiently descriptive to give the public reasonable notice of the matters to be considered at the meeting. What is particularly problematic about the bill is added language that provides amendments to the proposed agenda may be made prior to the meeting, but the public body shall not take any final action on those amended or additional agenda items. This provision would essentially prevent modifying the agenda at a meeting and would prohibit a local public body from responding promptly to issues.
Operation of local government requires action on issues that come with the day-to-day complexities of safely and efficiently operating of local government functions. These issues include dynamic and evolving such as flooding, water system failure, fire, personnel issues, and public safety issues to name a few. To ask public bodies to wait until the next meeting, which may be a month away to take action, is unreasonable at best and a public safety concern at worst.
Although amending an agenda after it is posted is an exception rather than the rule, it is necessary flexibility for local government faced with making decisions on any number of issues.
VACo Contacts: Phyllis Errico, Esq., CAE and Jeremy R. Bennett