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2016 Op. Cal. Att'y Gen. 1 (2016)

handle is hein.sag/sagca0163 and id is 1 raw text is: 




TO BE PUBLISHED IN THE OFFICIAL REPORTS


                    OFFICE OF THE ATTORNEY GENERAL
                               State of California

                             KAMALA D. HARRIS
                                Attorney General




               OPINION                                No. 14-1203

                  of                                January 19, 2016

         KAMALA D. HARRIS
            Attorney General

         ANYA M. BINSACCA
         Deputy Attorney General





      THE    HONORABLE      KEVIN    MULLIN, MEMBER         OF   THE    STATE
ASSEMBLY, has requested an opinion on the following questions:

      1. Where applicable, the Ralph M. Brown Act's regular meeting online agenda-
posting provision requires a local agency's legislative body to post the meeting agenda on
the local agency's website at least 72 hours before the scheduled meeting. Is this
provision violated whenever the local agency's website experiences technical difficulties
(for example, due to a power failure, cyber attack, or other third-party interference) that
cause the agenda to become inaccessible to the public for a portion of the 72 hours that
precede the scheduled meeting?

      2. If technical difficulties prevent a local agency's legislative body from posting
the regular meeting agenda on the local agency's website for a continuous 72-hour period
before the scheduled regular meeting, but the legislative body has otherwise substantially
complied with the Brown Act's agenda-posting requirements, may the legislative body
lawfully hold its regular meeting as scheduled?


                                                                        14-1203

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