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(2) Paragraph (1) shall not be construed as preventing an employee or official of a local agency,
from engaging in separate conversations or communications outside of a meeting authorized by
this chapter with members of a legislative body in order to answer questions or provide
information regarding a matter that is within the subject matter jurisdiction of the local agency, if
that person does not communicate to members of the legislative body the comments or position
of any other member or members of the legislative body.
(3) (A) Paragraph (1) shall not be construed as preventing a member of the legislative body
from engaging in separate conversations or communications on an internet-based social media
platform to answer questions, provide information to the public, or to solicit information from
the public regarding a matter that is within the subject matter jurisdiction of the legislative body
provided that a majority of the members of the legislative body do not use the internet-based
social media platform to discuss among themselves business of a specific nature that is within
the subject matter jurisdiction of the legislative body. A member of the legislative body shall not
respond directly to any communication on an internet-based social media platform regarding a
matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or
shared by any other member of the legislative body.
(B) For purposes of this paragraph, all of the following definitions shall apply:
(i) “Discuss among themselves” means communications made, posted, or shared on an internet-
based social media platform between members of a legislative body, including comments or use
of digital icons that express reactions to communications made by other members of the
legislative body.
(ii) “Internet-based social media platform” means an online service that is open and accessible
to the public.
(iii) “Open and accessible to the public” means that members of the general public have the
ability to access and participate, free of charge, in the social media platform without the approval
by the social media platform or a person or entity other than the social media platform, including
any forum and chatroom, and cannot be blocked from doing so, except when the internet-based
social media platform determines that an individual violated its protocols or rules.
(c) Nothing in this section shall impose the requirements of this chapter upon any of the
following:
(1) Individual contacts or conversations between a member of a legislative body and any other
person that do not violate subdivision (b).
(2) The attendance of a majority of the members of a legislative body at a conference or similar
gathering open to the public that involves a discussion of issues of general interest to the public
or to public agencies of the type represented by the legislative body, provided that a majority of
the members do not discuss among themselves, other than as part of the scheduled program,
business of a specified nature that is within the subject matter jurisdiction of the local agency.
Nothing in this paragraph is intended to allow members of the public free admission to a
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