Page 24 - BrownActHandbook

email a copy of, or website link to, the agenda and documents constituting the agenda packet. If
the agency determines it is technologically infeasible to send a copy of all documents
constituting the agenda packet or a link to a website that contains the documents by email or by
other electronic means, the agency shall send by mail a copy of the agenda or a website link to
the agenda and mail a copy of all other documents constituting the agenda packet.

If requested, the agenda and documents in the agenda package must be made
available in appropriate alternative formats to persons with a disability, as required by section
202 of the Americans with Disabilities Act (“ADA”).

Written requests are good for the calendar year and must be renewed following
January 1 of each year. The legislative body may establish a fee for mailing the agenda or
agenda packet, which may not exceed the cost of providing the service. A failure of the
requesting person to receive the agenda or agenda packet is not grounds for invalidation of any
action taken by the legislative body.

(Government Code § 54954.1.)

4. Meetings May Be Adjourned to Dates and Times Certain Provided the Adjourned
Meeting is Posted as Such.

Regular or special meetings, including meetings with noticed public hearings,
may be adjourned to a specified date, time, and place. Less than a quorum can adjourn a
meeting. If all members are absent, the clerk or secretary to the legislative body may adjourn the
meeting or public hearing to a specified date, time, and place. Notice of the adjourned meeting
must be posted on or near the door of the meeting within 24 hours after the adjournment.

(Government Code §§ 54955, 54955.1.)

5. All Meetings Must Have an Agenda and the Agenda Must Include a Description
of Each Item on the Agenda.

The Brown Act requires the preparation of a written agenda for all meetings.
Sample agendas are included in Appendix 3. The agenda must contain a brief description of
each individual item of business on the agenda, but generally need not exceed 20 words, and
must be written in clear and unambiguous terms so that members of the public are aware of what
business the agency intends to transact. Items to be discussed in closed sessions are disclosed on
the agenda.

Although not specifically required by the Brown Act, the agenda descriptions
outlined in Appendix 4 for closed session items provide a “safe harbor” for legislative bodies and
elected officials. If legislative bodies or elected officials provide this “safe harbor” information
on the agenda (regardless of the specific format), they cannot be held in violation of the agenda
requirements of Government Code section 54954.2.

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