“Amended” Agenda must meet 72-hour notice rule
Q: Recently, I attended a local school board meeting in which an “Amended” Agenda was made available for the public after the regular agenda had already been published. This “amended” agenda was made available less than 72 hours before the meeting. Is this procedure OK?
A: California Government Code section 54954.2(a) requires the legislative body of the local agency to post an agenda at least 72 hours before a regular meeting. There is no exception to the 72-hour notice requirement for amended agendas. So, the posting of the “amended” agenda you describe below is most likely a violation of the Brown Act.
However, if the agenda was amended to include an item that falls within section 54954.2(b), then posting an amended agenda to include that item probably would not be deemed a violation of the Brown Act. From the information you have provided, that does not appear to be the case here, but it is possible. For your information, the language of Section 54954.2(b) is provided below:
(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the members of the legislative body present at the meeting, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted
as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.