Page 5 - 2024 Brown Act Handbook

staff will need to plan accordingly when distributing records to the legislative body after the
agenda is posted if the records cannot be made available at a designated physical public location.
Text changes have been made to the Handbook to address the Sierra Watch case and subsequent
legislative changes.

3. Clarifications Have Been Made to the Public’s Requests for Agenda Packages to Address
Electronic Distribution.

Government Code section 54954.1 provides that upon written request by the media, or any
member of the public, the agenda and all documents constituting the agenda packet shall be
mailed to the person making the request at the time the agenda is posted or upon distribution to
all, or a majority of all, of the members of the legislative body, whichever occurs first.
Amendments effective January 1, 2023, added text to address electronic copies of agenda
packets. Most agencies already follow the additional procedures, which are as follows:

If a local agency has an internet website, the legislative body or its designee shall
email a copy of, or website link to, the agenda or a copy of all the documents
constituting the agenda packet if the person requests that the item or items be
delivered by email. If the local 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 legislative
body or its designee 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 in
accordance with the mailing requirements established pursuant to this section.

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