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v. County of Merced (2013) 216 Cal.App.4th 1167; Sierra Watch v. Placer Cty., ((2021) 69
Cal.App.5th 1); Shapiro v. San Diego City Council (2002) 96 Cal.App.4th 904; County of El
Dorado v. Reed (1858) 11 Cal.130; 103 Ops.Cal.Atty.Gen 42 (2020).

6. Agenda Packages and Other Legislative Body Materials Must be Made Available
to All Legislative Body Members at the Same Time.

When distributing agenda packages and other materials to members of the
legislative body, those materials should be provided to all members at the same time. This rule
arises from provisions of the California Public Records Act, which require that whenever the
local agency is providing a public record to a member of a legislative body in the administration
of the member’s duties, the local agency shall not discriminate between or among any of the
members as to which record is made available or when it is made available.

In some contexts, there may be a mandatory duty to provide public comments to
the legislative body prior to consideration of the matter. For example, planning agency staff
must collect and compile public comments regarding a general plan housing element and provide
those comments to each member of the legislative body before adoption of the housing element.

(Government Code §§ 7921.305, 7921.310, 65585.)

7. Emergency Meetings Are Permissible.

An exception to the 24-hour notice requirement for special meetings is allowed in
the case of an emergency situation involving matters that require prompt action due to the
disruption or threatened disruption of public facilities and services. Except in “dire
emergencies,” attempts must be made to contact the media by telephone at least one hour before
the meeting, unless the telephones are not working. School boards must attempt to contact the
media by telephone or email at least one hour before the meeting, unless both telephones and
email are not working. A “dire emergency” is 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
may endanger the public health or safety. For dire emergencies, attempts to contact the media
must be made at or near the time that members of the legislative body are notified of the
emergency meeting.

Closed sessions are permissible during emergency meetings if agreed to by a two-
thirds vote of the members present or by unanimous vote if less than two-thirds of the members
are present.

Following an emergency meeting, the minutes of the meeting, a list of persons
notified or attempted to be notified of the meeting, and actions taken must be posted for ten days
in a public place.

(Government Code § 54956.5.)

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