§ 89306.5
571 words·~3 min read·
/ca/education-code/89306-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)A special meeting may be called at any time by the presiding officer of a legislative body, or by a majority of the membership of the legislative body, by providing written notice to each member of the legislative body, and to each local newspaper of general circulation and radio or television station that has requested notice of special meetings at least 24 hours prior to the meeting. The written notice shall specify the time and place of the meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body. Written notice may be dispensed with as to any member who, at or prior to the time the meeting convenes, provides the clerk or the secretary of the legislative body with a waiver of written notice. Written notice may also be dispensed with as to any member who is actually present at the meeting at the time it convenes.
(b)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.
(c)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 subdivision (b), or both.
(1)For purposes of this section, “emergency situation” means either of the following:
(A)Work stoppage or other activity that severely impairs public health, safety, or both, as determined by a majority of the membership of the legislative body.
(B)Crippling disaster that severely impairs public health, safety, or both, as determined by a majority of the membership of the legislative body.
(2)Each local newspaper of general circulation and radio or television station that has requested notice of special meetings pursuant to subdivision
(a)shall be notified by the presiding officer of the legislative body, or his or her designee, one hour prior to the emergency meeting by telephone. If necessary, the presiding officer or designee shall use all of the telephone numbers provided in the most recent request of that newspaper or station for notification of special meetings to notify the newspaper or radio of the special meeting.
(3)If telephone services are not functioning, the notice requirements of this section shall be deemed waived, and the legislative body, or designee, 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.
(e)Notwithstanding subdivision
(c)of Section 89307, the legislative body shall not meet in closed session during a meeting called pursuant to this section.
(f)All special meeting requirements prescribed in subdivision
(a)shall be applicable to a meeting called pursuant to subdivision (c), with the exception of the 24-hour notice requirement.
(g)The legislative body shall post in a public place, as soon after the meeting as possible and for a minimum of 10 days, the minutes of a meeting called pursuant to subdivision (c), a list of persons who the presiding officer of the legislative body, or designee, notified or attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting.