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mccormick

knight

 

Ralph M. Brown Act:
Meeting Notices and Agendas


 

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Q: Even if governmental meetings are open and public, how are citizens to know when, where and why they are being held?

Q: Can one just be put on a mailing list for meeting announcements?

Q: Isn't this section a bit confusing?

Q: What should one do who wants to be personally alerted to meeting announcements?

Q: What governs how far in advance a meeting agenda must be posted?

Q: What are the rules for creating and posting agendas of regular meetings?

Q: Can the agenda be simply put up on the interior bulletin board of a public building?

Q: Does the agenda have to provide elaborate summaries of the business to be taken up?

Q: Has a court ever rejected a particular agenda description as legally inadequate?

Q: What lesson should public agencies take from the Carlson case?

Q: Can an agenda description be so general as to be legally unacceptable?

Q: Does the agenda have to give notice of every possible outcome that might occur with respect to a given item?

Q: If an item keeps being dealt with from meeting to meeting, does the agenda description have to be updated to reflect new possibilities?

Q: What if a body takes action on an item that is not on the agenda at all?

Q: What kind of leeway does the Act allow a body's members to bring up non-agendized matters?

Q: What is "special" about a special meeting?

Q: Does a news organization really have to make an explicit request to be notified of special meetings? If it does so, must it be alerted to every special meeting?

Q: What kind of "emergency" dispenses with the need for written notice?

Q: What guidance should the news media draw from these rules?

Q: What issues call for the most demanding notice procedures under the Act?

Q: What are the notice requirements relevant to proposed new taxes?

Q: What are the notice requirements relevant to proposed new assessments?

Q: Do these special procedures replace the need for adequate agenda descriptions?

Q: When are these special procedures not required? What can a body do to economize on time and the cost of the notices?

Q: How does the Brown Act address situations when an item on the agenda has to be postponed to a later time?

Q: What is the difference between an adjournment and a continuance?

 

 

 

 

 

Q: Even if governmental meetings are open and public, how are citizens to know when, where and why they are being held?

A: The Brown Act includes a variety of provisions to ensure that citizens -- either directly or with the aid of the news media -- may learn in advance when and where official meetings are scheduled and what business they will deal with.

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Q: Can one just be put on a mailing list for meeting announcements?

A: Yes. The most personalized notice, provided for in Government Code §54954.1, is one which any person may request to have mailed to him or her individually, based on a fee to cover copying and postage costs.

The legislative body which is subject to the provisions of this chapter shall give mailed notice of every regular meeting, and any special meeting which is called at least one week prior to the date set for the meeting, to any person who has filed a written request for that notice with the legislative body. Any mailed notice required pursuant to this section shall be mailed at least one week prior to the date set for the meeting to which it applies except that the legislative body may give the notice as it deems practical of special meetings called less than seven days prior to the date set for the meeting. Any request for notice filed pursuant to this section shall be valid for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for notice shall be filed within 90 days after January 1 of each year. The failure of any person to receive the notice given pursuant to this section shall not constitute grounds for any court to invalidate the actions of the legislative body for which the notice was given. The legislative body may establish a reasonable annual fee for sending the notice based on the estimated cost of providing the service.

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Q: Isn't this section a bit confusing?

A: Yes -- for both the agency in question and its consituency. Read literally, Section 54954.1 requires that a "notice" requested by a citizen must be mailed at least a week before the meeting it announces. There is allowance made for special meetings that are not called until within a week before they are to occur, but otherwise the rule is seven days. The timing for the posting of the specific agenda for a regular meeting (see below) is 72 hours in advance, and that appears to be the real deadline which most local agencies observe for completing the agenda. No doubt they might prefer that the mailing date deadline be three days as well, but that would often mean that the notice would not be in the requester's hands until the day of the meeting, or even later, in view of how many local agencies post their agendas on a Friday for a meeting to be held Monday evening or Tuesday.

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Q: What should one do who wants to be personally alerted to meeting announcements?

A: Citizens who mean to keep a close eye on a particular agency's coming meetings should probably not rely on this section if the agency meets weekly. Even if it meets only monthly, the agency is not prevented from departing from a mailed "notice" as such and, for example, adding new items. As noted below, that restriction applies only to the posted agenda. The most reliable procedure, although involving more initiative and effort, would be to arrange to have a copy of the agenda set aside to be picked up (or mailed, if the risk of a late delivery is absent) on the day it is posted.

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Q: What governs how far in advance a meeting agenda must be posted?

A: The rules for impersonal or general notice of meetings vary depending on whether the meeting is "regular" -- occurring on a fixed schedule and at a sixed location formally adopted by the agency -- or "special" -- at some time or place differing from the regular policy -- or "emergency" -- called in response to a particular threat to public health and safety.

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Q: What are the rules for creating and posting agendas of regular meetings?

A: The rule for regular meetings is stated in subdivision (a) of Government Code § 54954.2:

At least 72 hours before a regular meeting, the legislative body of the local agency, or its designee, shall post an agenda containing a brief general description of each item of business to be transacted or discussed at the meeting, including items to be discussed in closed session. A brief general description of an item generally need not exceed 20 words. The agenda shall specify the time and location of the regular meeting and shall be posted in a location that is freely accessible to members of the public.

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Q: Can the agenda be simply put up on the interior bulletin board of a public building?

A: Probably not. The law requires the posting of no more than one copy of the agenda, but that copy at least must be posted where it is "freely accessible to" the public. It must therefore be visible outside office hours, otherwise there would be little point in specifying the 72-hour period or in requiring posting at all; it could be placed on a counter or supplied on request by a clerk. This point is especially important in view of the common practice of agencies that meet weekly on a Monday or Tuesday, in which case more than half of the 72 hour period is consumed by the weekend.

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Q: Does the agenda have to provide elaborate summaries of the business to be taken up?

A: No. The "brief general description" can be just that -- brief and general, usually satisfied within 20 words -- but it must be a description, not a code phrase unintelligible to the public, or an empty category label appearing without further elaboration on every agenda. As stated in several recent editions of the Attorney General's guide to these laws : "The purpose of the brief general description is to inform interested members of the public about the subject matter under consideration so that they can determine whether to monitor or participate in the meeting of the body." (Id., page 16) This does not mean that the agenda description need educate the reader about all aspects of an item - such would often be impossible in any "brief" or "general" way, and the law clearly assumes that citizens who have a particular interest in a given subject matter will take steps to find out more about the proposal in advance, or to attend the meeting, or both. But it does mean, among other things, that when it is possible to use a few words to alert the public to an obviously consequential or controversial proposal, a failure to do just that may violate the law if its effect to leave those most likely to care unaware and with lowered guard.

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Q: Has a court ever rejected a particular agenda description as legally inadequate?

A: Yes. The defining example of this phenomenon involved not the Brown Act but a comparable public notice provision of the Education Code, which if anything was considerably less demanding than the current Brown Act language; all it required was the posting of "a list of items that will constitute the agenda." A school board listed "Continuation school site change" and no more as one item, but the literally hidden agenda - accomplished at that meeting and never voluntarily revisited despite parents' immediate entreaties - was not only to shift the continuation program to an elementary school campus but to shift the elementary students elsewhere. The California Court of Appeal, upholding a trial court order invalidating the board's action, remarked that the "school site change" listing

...was entirely inadequate notice to a citizenry which may have been concerned over a school closure. On this point alone, the agenda item, while not deceitful, was entirely misleading and inadequate to show the whole scope of the board's intended plans. It would have taken relatively little effort to add to the agenda that this "school site change" also included the discontinuance of elementary education at Canyon View and the transfer of those students to Ponderosa School. Carlson v. Paradise Unified School District, 18 Cal.App.3d 196, 200 (1971)(emphasis in the original)

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Q: What lesson should public agencies take from the Carlson case?

A: The Carlson court, in focusing on the "citizenry which may have been concerned" as the audience which precisely should have been alerted, underscores the importance of doing something that probably comes to public officials with difficulty -- attending to the most politically sensitive or conflict-prone aspects of a proposed action, and instead of trying to lowball them, actually flagging them on the agenda to give opponents fair warning. While doing so may arm adversaries' political resistance in the short run, the alternative runs the risk of both political repercussions and litigation costs and consequences.

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Q: Can an agenda description be so general as to be legally unacceptable?

A: Vague generalized language is insufficient if it fails to communicate the essence of a specific and unusual proposal. A school board agenda item worded "Resolution Regarding Certificated Employees", stated the California Court of Appeal, "could have referred to any number of routine resolutions concerning certificated empoyees and cannot be said to have given fair warning" of what was actually on the table -- "that a reduction in staff or termination of employees would be considered." Campbell Elementary Teachers Association v. Abbott, 76 Cal.App.3d 796 (1978)).

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Q: Does the agenda have to give notice of every possible outcome that might occur with respect to a given item?

A: If a proposal is sufficiently well described, the agenda need not predict the precise action the body might take. "The agenda item made it clear", stated the California Court of Appeal in Phillips v. Seely, 43 Cal. App. 3d 104 (1974), "that the board was to hear and consider an offer to supply public defender services to the county...where the subject matter to be considered is sufficiently defined to apprise the public of the matter to be considered and notice has been given in the manner required by law, the governing body is not required to give further special notice of what action it might take."

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Q: If an item keeps being dealt with from meeting to meeting, does the agenda description have to be updated to reflect new possibilities?

A: Truly novel developments should be highlighted. If several concrete options for a proposed school desegregation plan have been defined through previous meetings and hearings, the California Supreme Court has held, an agenda item which refers specifically to those options is misleading for a meeting at which a new option is presented with significantly different consequences, such as school closures never before contemplated. Moreover, the fact that the new option and the staff's intention to air it at the meeting have received considerable media publicity does not absolve the misleading character of the agenda, which nevertheless refers only to the first three options. Santa Barbara School District v. Superior Court, 13 Cal.3d 315 (1975).

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Q: What if a body takes action on an item that is not on the agenda at all?

A: Even the clearest agenda language is of limited use to the public if, at the meeting, the body is free to take action on business not listed at all. The rest of Government Code § 54954.2 attempts to preclude unwarranted surprise action or even extensive discussion by the members of a non-agendized item, while allowing flexibility to address unforeseen and urgent matters.

No action or discussion shall be undertaken on any item not appearing on the posted agenda, except that members of a legislative body or its staff may briefly respond to statements made or questions posed by persons exercising their public testimony rights under Section 54954.3. In addition, on their own initiative, or in response to questions posed by the public, a member of a legislative body or its staff may ask a question for clarification, make a brief announcement, or make a brief report of his or her own activities. Furthermore, a member of the legislative body, or the body itself, subject to rules and procedures of the legislative body, may provide a reference to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.

(b) Notwithstanding subdivision (a), the legislative body may take action on items of business not appearing on the posted agenda under any of the conditions stated below. Prior to discussing any item pursuant to this subdivision, the legislative body shall publicly identify the item.

(1) Upon a determination by a majority vote of the legislative body that an emergency situation exists, as defined in Section 54956.5.

(2) Upon a determination by a two-thirds vote of the legislative body, or, if less than two-thirds of the members are present, a unanimous vote of those members present, that there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the agenda being posted as specified in subdivision (a).

(3) The item was posted pursuant to subdivision (a) for a prior meeting of the legislative body occurring not more than five calendar days prior to the date action is taken on the item, and at the prior meeting the item was continued to the meeting at which action is being taken.

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Q: What kind of leeway does the Act allow a body's members to bring up non-agendized matters?

A: On the one hand, members of the body may provide brief informational reports on their own personal activities, make announcements, and interact with public speakers and staff for informational or procedural purposes, including the addition of an item to a future agenda. On the other hand, they may not indulge in policy discussions or take substantive action of any kind on a non-agendized item without making certain findings by a specified vote.

The first situation is one of "emergency", within the narrow meaning discussed below, that would justify a meeting on one hour's notice to the media; here the body must find by a majority vote that there exists a condition of disruption to public facilities that "severely impairs" public health, safety or both.

The more conventional second situation -- but if properly observed, still quite rare -- is where the body is able to find, by a supermajority or unanimous vote, that immediate action is required by an exigency unknown to the agency at the time the agenda was posted. Only one case has addressed how pressing such urgency must be, but it illustrates that upon challenge, courts are free to conclude that a body's voted finding of the need for immediate action was contrary to fact and inadequate as a matter of law. The California Court of Appeal has concluded that a bona fide "urgent action" situation does not arise simply because a crowd at a city council clamors for the overturn of an unpopular planning commission ruling not included on the agenda, especially where the council knew in advance that the ruling was controversial and that time was running out to appeal it (Cohan v. City of Thousand Oaks, 30 Cal.App.4th 547, 556 (1994)).

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Q: What is "special" about a special meeting?

A: If a body needs to discuss or act on a matter that it deems pressing enough not to wait fora regular meeting, or an issue that deserves extensive consideration without the press of other business, or if it needs to convene at some place other than its adopted meeting site, it may depart from its regular calendar and meet at some other time or place. The rules for notice of such special meetings are in Government Code § 54956.

A special meeting may be called at any time by the presiding officer of the legislative body of a local agency, or by a majority of the members of the legislative body, by delivering personally or by mail written notice to each member of the legislative body and to each local newspaper of general circulation, radio or television station requesting notice in writing. The notice shall be delivered personally or by mail and shall be received at least 24 hours before the time of the meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at these meetings by the legislative body. The written notice may be dispensed with as to any member who at or prior to the time the meeting convenes files with the clerk or secretary of the legislative body a written waiver of notice. The waiver may be given by telegram. The written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes. Notice shall be required pursuant to this section regardless of whether any action is taken at the special meeting. The call and notice shall be posted at least 24 hours prior to the special meeting in a location that is freely accessible to members of the public.

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Q: Does a news organization really have to make an explicit request to be notified of special meetings? If it does so, must it be alerted to every special meeting?

A: The Attorney General has concluded that a newspaper or broadcast station need not receive the written notice unless it has submitted a written request for such alerts (62 Ops. Cal. Atty. Gen 658 (1979), but that if such a request has been submitted, the fact that the meeting will consist entirely of a closed session does not excuse the notice (43 Ops. Cal. Atty. Gen. 79 (1960).

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Q: What kind of "emergency" dispenses with the need for written notice?

A: The briefest period of advance notice is for an "emergency" meeting, with rules prescribed in Government Code § 54956.5:

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.

For purposes of this section, "emergency situation" means any of the following:

(a) Work stoppage or other activity which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body. (b) Crippling disaster which severely impairs public health, safety, or both, as determined by a majority of the members of the legislative body.

However, each local newspaper of general circulation and radio or television station which 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 by telephone and all telephone numbers provided in the most recent request of such newspaper or station for notification of special meetings shall be exhausted. In the event that telephone services are not functioning, the notice requirements of this section 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.

Notwithstanding Section 54957, the legislative body shall not meet in closed session during a meeting called pursuant to this section.

All special meeting requirements, as prescribed in Section 54956 shall be applicable to a meeting called pursuant to this section, with the exception of the 24-hour notice requirement.

The minutes of a meeting called pursuant to this section, a list of persons who the presiding officer of the legislative body, or designee of the legislative body, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting shall be posted for a minimum of 10 days in a public place as soon after the meeting as possible.

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Q: What guidance should the news media draw from these rules?

A: The extreme newsworthiness of the issues addressed in an emergency meeting -- public employee walkouts, riots, man-made or natural disasters -- dictate that any news organization expecting to cover the full dimension of such occurences should have a letter on file with the relevant public agencies not only requesting notice of special meetings called under Government Code Section 54956 but also providing a list of phone and fax numbers for use in the one-hour alerts prior to emergency meetings. Another point making it worthwhile to be informed of these meetings is that, unlike regular or special sessions, they must be entirely public -- no closed door discussions are permitted.

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Q: What issues call for the most demanding notice procedures under the Act?

A: The most comprehensive notice mandate in the Brown Act, requiring both general notification to the community and direct written contacts with affected individuals, is required when an agency is contemplating imposing new revenue burdens on the public. The procedures, which call for both a "meeting" and a separate "hearing" on a proposed new or increased general tax or assessment, are described in Government Code Section 54954.6:

(a) (1) Before adopting any new or increased general tax or any new or increased assessment, the legislative body of a city, county, special district, or joint powers authority shall conduct at least one public meeting at which local officials must allow public testimony regarding the proposed new or increased general tax or new or increased assessment in addition to the noticed public hearing at which the legislative body proposes to enact or increase the general tax or assessment....

(2) The legislative body shall provide at least 45 days' public notice of the public hearing at which the legislative body proposes to enact or increase the general tax or assessment. The legislative body shall provide notice for the public meeting at the same time and in the same document as the notice for the public hearing, but the meeting shall occur prior to the hearing.

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Q: What are the notice requirements relevant to proposed new taxes?

A: The notice regarding a tax involves both a newspaper advertisement and a personal mailing to any taxpayer who has gone on record requesting it:

(b) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased general tax shall be accomplished by placing a display advertisement of at least one-eighth page in a newspaper of general circulation for three weeks pursuant to Section 6063 and by a first-class mailing to those interested parties who have filed a written request with the local agency for mailed notice of public meetings or hearings on new or increased general taxes. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Notwithstanding paragraph (2) of subdivision (a), the joint notice need not include notice of the public meeting after the meeting has taken place. The public hearing pursuant to subdivision (a) shall take place no earlier than 45 days after the first publication of the joint notice pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. Any written request for mailed notices shall be effective for one year from the date on which it is filed unless a renewal request is filed. Renewal requests for mailed notices shall be filed on or before April 1 of each year. The legislative body may establish a reasonable annual charge for sending notices based on the estimated cost of providing the service.

(2) The notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:

(A) The amount or rate of the tax. If the tax is proposed to be increased from any previous year, the joint notice shall separately state both the existing tax rate and the proposed tax rate increase.

(B) The activity to be taxed.

(C) The estimated amount of revenue to be raised by the tax annually.

(D) The method and frequency for collecting the tax.

(E) The dates, times, and locations of the public meeting and hearing described in subdivision (a).

(F) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the tax.

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Q: What are the notice requirements relevant to proposed new assessments?

A: The notice regarding an assessment involves a personal mailing to all affected property owners on the assessment roll:

(c) (1) The joint notice of both the public meeting and the public hearing required by subdivision (a) with respect to a proposal for a new or increased assessment on real property shall be accomplished through a mailing, postage prepaid, in the United States mail and shall be deemed given when so deposited. The public meeting pursuant to subdivision (a) shall take place no earlier than 10 days after the joint mailing pursuant to this subdivision. The public hearing shall take place no earlier than seven days after the public meeting pursuant to this subdivision. The envelope or the cover of the mailing shall include the name of the local agency and the return address of the sender. This mailed notice shall be in at least 10-point type and shall be given to all property owners proposed to be subject to the new or increased assessment by a mailing by name to those persons whose names and addresses appear on the last equalized county assessment roll or the State Board of Equalization assessment roll, as the case may be.

(2) The joint notice required by paragraph (1) of this subdivision shall include, but not be limited to, the following:

(A) The estimated amount of the assessment per parcel. If the assessment is proposed to be increased from any previous year, the joint notice shall separately state both the amount of the existing assessment and the proposed assessment increase.

(B) A general description of the purpose or improvements that the assessment will fund.

(C) The address to which property owners may mail a protest against the assessment.

(D) The phone number and address of an individual, office, or organization that interested persons may contact to receive additional information about the assessment.

(E) A statement that a majority protest will cause the assessment to be abandoned if the assessment act used to levy the assessment so provides. Notice must also state the percentage of protests required to trigger an election, if applicable.

(F) The dates, times, and locations of the public meeting and hearing described in subdivision (a).

(3) Notwithstanding paragraph (1), in the case of an assessment which is proposed exclusively for operation and maintenance expenses for an entire city, county, or district, or operation and maintenance assessments proposed to be levied on 50,000 parcels or more, notice may be provided pursuant to paragraph (1) of subdivision (b) and shall include the information required by paragraph (2) of subdivision (c).

(4) Notwithstanding paragraph (1), in the case of an assessment proposed to be levied pursuant to Part 2 (commencing with Section 22500) of Division 2 of the Streets and Highways Code by a regional park district, regional park and open-space district, or regional open-space district formed pursuant to Article 3 (commencing with Section 5500) of Chapter 3 of Division 5 of, or pursuant to Division 26 (commencing with Section 35100) of, the Public Resources Code, notice may be provided pursuant to paragraph (1) of subdivision (b).

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Q: Do these special procedures replace the need for adequate agenda descriptions?

A: No, agenda descriptions are still required. The section provides:

(d) The notice requirements imposed by this section shall be construed as additional to, and not to supersede, existing provisions of law, and shall be applied concurrently with the existing provisions so as to not delay or prolong the gov ernmental decisionmaking process.

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Q: When are these special procedures not required? What can a body do to economize on time and the cost of the notices?

A: The section allows some flexibility as follows:

(e) This section shall not apply to any new or increased general tax or any new or increased assessment that requires an election of either of the following:

(1) The property owners subject to the assessment.

(2) The voters within the city, county, special district, or joint powers authority imposing the tax or assessment.

(f) Nothing in this section shall prohibit a local agency from holding a consolidated meeting or hearing at which the legislative body discusses multiple tax or assessment proposals.

(g) The local agency may recover the reasonable costs of public meetings, public hearings, and notice required by this section from the proceeds of the tax or assessment. The costs recovered for these purposes, whether recovered pursuant to this subdivision or any other provision of law, shall not exceed the reasonable costs of the public meetings, public hearings, and notice.

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Q: How does the Brown Act address situations when an item on the agenda has to be postponed to a later time?

A: The Act's final notice provisions deal with procedures for alerting the public that a meeting has been ajourned, or a hearing continued, to a later time. Ironically, those present at the time of adjournment or continuance probably do not need notice other than that announced by the chair, while those absent at that point will have no reason to inquire or check for a posted notice.

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Q: What is the difference between an adjournment and a continuance?

A: A meeting as a whole is said to be adjourned, while a public hearing on a specific matter, scheduled for public comment at a fixed time on the agenda, is said to be continued. The Act differentiates the required notice procedures as follows:

Government Code § 54955. The legislative body ... may adjourn any regular, adjourned regular, special or adjourned special meeting to a time and place specified in the order of adjournment. Less than a quorum may so adjourn from time to time. If all members are absent from any regular or adjourned regular meeting the clerk or secretary of the ... body may declare the meeting adjourned to a stated time and place and he shall cause a written notice of the adjournment to be given in the same manner as provided in Section 54956 for special meetings, unless such notice is waived as provided for special meetings. A copy of the order or notice ... shall be conspicuously posted on or near the door of the place where the ... meeting was held within 24 hours after the time of the adjournment. When a regular or adjourned regular meeting is adjourned as provided in this section, the resulting adjourned regular meeting is a regular meeting for all purposes. When an order of adjournment of any meeting fails to state the hour at which the adjourned meeting is to be held, it shall be held at the hour specified for regular meetings by ordinance, resolution, bylaw, or other rule.

Government Code § 54955.1. Any hearing being held, or noticed or ordered to be held, by a legislative body of a local agency at any meeting may by order or notice of continuance be continued or recontinued to any subsequent meeting of the legislative body in the same manner and to the same extent set forth in Section 54955 for the adjournment of meetings; provided, that if the hearing is continued to a time less than 24 hours after the time specified in the order or notice of hearing, a copy of the order or notice of continuance of hearing shall be posted immediately following the meeting at which the order or declaration of continuance was adopted or made.


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