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Asked and Answered

Do agenda posting times count business days only?

March 18, 2016

Question

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.

Answer

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.

Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.