78 Ops.Cal.Atty.Gen. 327 (1995)
Subject: Posting of Public Hearing Agenda
Question: May weekend hours be counted as part of the required 72-hour period for the posting of an agenda prior to the regular meeting of the legislative body of a local agency? Would the posting of an agenda for a regular meeting of the legislative body of a local agency for 72 hours in a public building that is locked during the evening hours satisfy the statutory requirements for posting the agenda?
Conclusion: Weekend hours may be counted as part of the 72-hour period for the posting of an agenda prior to the regular meeting of the legislative body. The posting of an agenda for 72 hours in a public building that is locked during the evening hours would not satisfy the statutory requirements for posting the agenda.
Analysis: The Ralph M. Brown Open Meeting Act (Government
Code §54950, et seq.) requires that the agenda of a regular meeting
of a local agency be posted 72 hours in advance of the meeting. Weekend
hours do count as part of the notice period. However, the notice must be
posted in a location where it may be read by the public at any time during
the 72 hours prior to the meeting.
75 Ops.Cal.Atty.Gen. 89 (1992)
Subject: Public Testimony at Public Hearings
Question: May the legislative body of a local public agency limit public testimony on particular issues at its meetings to five minutes or less for each individual speaker, depending upon the number of speakers?
Conclusion: The legislative body of a local public agency may limit public testimony on particular issues at its meetings to five minutes or less for each speaker, depending upon the circumstances such as the number of speakers.
Analysis: Government Code §54954.3 provides the legislative
body the discretion to limit public testimony to a reasonable
period of time for an individual item. The amount of time may vary depending
upon the circumstances in each case including the time allocated for the
meeting, the number of agenda items, the complexity of each item, and the
number of speakers.
78 Ops.Cal.Atty.Gen. 224 (1995)
Subject: Public Comment at Public Hearings
Question: May the legislative body of a local agency prohibit members of the public, who speak during the time permitted on the agenda for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body?
Conclusion: The legislative body of a local agency may prohibit members of the public, who speak during the time permitted on the agenda for public expression, from commenting on matters that are not within the subject matter jurisdiction of the legislative body.
Analysis: The Ralph M. Brown Act (Government Code §54954.3)
allows public comment on only those matters that are "within the subject
matter jurisdiction of the legislative body." Limiting public comment
to such matters that serve the purposes of the legislative body in holding
meetings is appropriate. However, the legislative body must exercise care
in adopting "reasonable regulations" pursuant to Government Code
§54954.3(b) to ensure that the regulations themselves do not violate
the public's freedom of expression.
95 Ops.Cal.Atty.Gen. 614 (1996)
Subject: Standing Committees and Public Hearings
Question: Are the meetings of a standing committee composed of less than a quorum of the legislative body of a local public agency subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act, if the committee has the responsibility of providing advice concerning budgets, audits, contracts, and personnel matters to and upon request of the legislative body?
Conclusion: The meetings of a standing committee composed of less than a quorum of the legislative body of a local public agency are subject to the notice, agenda, and public participation requirements of the Ralph M. Brown Act, if the committee has the responsibility of providing advice concerning budgets, audits, contracts, and personnel matters to and upon request of the legislative body.
Analysis: A standing committee having the authority to hear and consider issues relating to budgets, audits, contracts, and personnel matters is a "legislative body" under the terms of Government Code §54952(b), and its meetings are subject to the Act's requirements for notice, a posted agenda, and public participation.
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