KAMALA D. HARRIS Attorney General ANYA M. BINSACCA Deputy Attorney General AGO 14-1203 No. 14-1203
California Attorney General Opinions Office of the Attorney General State of California January 19, 2016 THE HONORABLE KEVIN MULLIN, MEMBER OF THE STATE ASSEMBLY, has requested an opinion on the following questions: 1. Where applicable, the Ralph M. Brown Act's regular meeting online agenda-posting provision requires a local agency's legislative body to post the meeting agenda on the local agency's website at least 72 hours before the scheduled meeting. Is this provision violated whenever the local agency's website experiences technical difficulties (for example, due to a power failure, cyber attack, or other third-party interference) that cause the agenda to become inaccessible to the public for a portion of the 72 hours that precede the scheduled meeting? 2. If technical difficulties prevent a local agency's legislative body from posting the regular meeting agenda on the local agency's website for a continuous 72-hour period before the scheduled regular meeting, but the legislative body has otherwise substantially complied with the Brown Act's agenda-posting requirements, may the legislative body lawfully hold its regular meeting as scheduled? CONCLUSIONS 1. The Ralph M. Brown Act's regular meeting online agenda-posting provision is not necessarily violated whenever the local agency's website experiences technical difficulties that cause the agenda to become inaccessible to the public for a portion of the 72 hours that precede the scheduled meeting. 2. If technical difficulties prevent a local agency's legislative body from posting a regular meeting agenda on the local agency's website for a continuous 72-hour period before the scheduled regular meeting, but the legislative body has otherwise substantially complied with the Brown Act's agenda-posting requirements, the legislative body may lawfully hold its regular meeting as scheduled. Whether an agency has substantially complied in a given case would require an analysis of the particular circumstances to determine whether the Brown Act's statutory objectives of ensuring open meetings and public awareness are satisfied. ANALYSIS The Ralph M. Brown Act
1 "is designed to encourage public participation in government."
2 To that end, the Act requires the legislative bodies of local agencies to "conduct business and deliberate openly."
3 Here, we are concerned with the portion of the Act aimed at ensuring the public's right to attend regular meetings of local legislative bodies.
4 This purpose is accomplished, in part, by requiring local legislative bodies to provide notice of the time and place of their regular meetings, along with notice of what will be discussed at those meetings.
5 The relevant portion of Government Code section 54954.2 provides:
At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public and on the local agency's Internet Website, if the local agency has one.6
A local agency's legislative body may not take action on or discuss items that are not listed and described on the posted agenda.
7 If someone believes that an agency's legislative body has acted in violation of the Brown Act's agenda-posting requirements, the interested person or the district attorney may seek a judicial determination that the action is null and void.
8 Actions will not be declared null and void, however, if the agency's legislative body substantially complied with the posting requirement
9 or if the complaining party had actual notice of the meeting within the 72 hours before the meeting.
10 Question 1 The first question is whether a local agency's governing body
11 necessarily violates the Act's online-posting...
