A&A: Do agenda posting times count business days only?

Q: I understand that the Brown Act requires that agendas  be made public 72 hours in advance of a meeting. Is that 72 business hours or could posting on a Friday morning (ahead of a Monday meeting) be sufficient notice? This notice would be posted at a California Public Charter School.

A: As you seem to be aware, the Brown Act requires legislative bodies to post an agenda for all meetings “at least 72 hours before a regular meeting . . . .”  Gov’t Code § 54954.2(a)(1).  Although it appears that your specific question has not been litigated, the 72-hour requirement is generally understood to include nonbusiness hours.  Indeed, the California Attorney General has confirmed that weekend hours may be counted as part of the 72-hour period.  78 Opp. Atty. Gen. 327, November 14, 1995.  Thus, posting an agenda on Friday morning would be sufficient for a Monday meeting.

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