How to Calculate Notice Requirements. The Davis-Stirling Act does not address how days calculated for the purpose of giving notice of hearings, board meetings, membership meetings, etc. This is addressed elsewhere in the Civil Code as follows:
The time in which any act provided by law is to be done is computed by excluding the first day and including the last, unless the last day is a holiday, and then it is excluded. (Civ. Code § 10.)
Since the statute is worded in days, not hours, a notice is in compliance if it is posted one day and the meeting is held anytime x number of days later, even if the time period is short by a few hours.
Holidays. Holidays are defined to include Sundays:
Holidays within the meaning of this code are every Sunday and such other days as are specified or provided for as holidays in the Government Code of the State of California. (Civ. Code § 7.)
Government Code § 6700 (effective 1-1-16) defines state holidays as:
- Every Sunday
- January 1st
- The third Monday in January, known as “Dr. Martin Luther King, Jr. Day”
- February 12th, known as “Lincoln Day”
- The third Monday in February
- March 31st, known as “Cesar Chavez Day”
- The last Monday in May
- July 4th
- The first Monday in September
- September 9th, known as “Admission Day”
- The fourth Friday in September, known as “Native American Day”
- The second Monday in October, known as “Columbus Day”
- November 11th, known as “Veterans Day”
- December 25th
- Good Friday from 12 noon until 3 p.m
- Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday
Example. When giving a 10-day notice of a disciplinary hearing, count days not hours. When counting days, count calendar days, excluding the first day. If the last day of the notice period falls on a Sunday or a holiday, extend the time to the next non-holiday.
Recommendation: Whenever possible, avoid last-minute notices. Instead of giving a 10-day notice of a disciplinary hearing, give two weeks' notice. Instead of waiting until the 15th day to send notice of the board's decision in a disciplinary matter, send it within a week.
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