Page 103 - 2026 Lozano Smith Brown Act Handbook

54956.5. Emergency meetings in emergency situations; notice

(a) For purposes of this section, “emergency situation” means both of the following:

(1) An emergency, which shall be defined as a work stoppage, crippling activity, or other
activity that severely impairs public health, safety, or both, as determined by a majority of the
members of the legislative body.

(2) A dire emergency, which shall be defined as a crippling disaster, mass destruction, terrorist
act, or threatened terrorist activity that poses peril so immediate and significant that requiring a
legislative body to provide one- hour notice before holding an emergency meeting under this
section may endanger the public health, safety, or both, as determined by a majority of the
members of the legislative body.

(b) (1) Subject to paragraph (2), in the case of an emergency situation involving matters upon
which prompt action is necessary due to the disruption or threatened disruption of public
facilities, a legislative body may hold an emergency meeting without complying with either the
24-hour notice requirement or the 24-hour posting requirement of Section 54956 or both of the
notice and posting requirements.

(2) Each local newspaper of general circulation and radio or television station that has requested
notice of special meetings pursuant to Section 54956 shall be notified by the presiding officer of
the legislative body, or designee thereof, one hour prior to the emergency meeting, or, in the case
of a dire emergency, at or near the time that the presiding officer or designee notifies the
members of the legislative body of the emergency meeting.

(A) Except as provided in subparagraph (B), the notice required by this paragraph shall be given
by telephone and all telephone numbers provided in the most recent request of a newspaper or
station for notification of special meetings shall be exhausted. In the event that telephone
services are not functioning and the legislative body is not a school board, the notice
requirements of this paragraph shall be deemed waived, and the legislative body, or designee of
the legislative body, shall notify those newspapers, radio stations, or television stations of the
fact of the holding of the emergency meeting, the purpose of the meeting, and any action taken at
the meeting as soon after the meeting as possible.

(B) For an emergency meeting held pursuant to this section, the presiding officer of the
legislative body, or designee thereof, may send the notifications required by this paragraph by
email instead of by telephone, as provided in subparagraph (A), to all local newspapers of
general circulation, and radio or television stations, that have requested those notifications by
email, and all email addresses provided by representatives of those newspapers or stations shall
be exhausted. In the event that internet services and telephone services are not functioning, the
notice requirements of this paragraph shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspapers, radio stations, or television
stations of the fact of the holding of the emergency meeting, the purpose of the meeting, and any
action taken at the meeting as soon after the meeting as possible.
(c) During a meeting held pursuant to this section, the legislative body may meet in closed
session pursuant to Section 54957 if agreed to by a two-thirds vote of the members of the

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