Page 5 - Board Member Toolkit

SUMMARY OF THE BROWN ACT

Note: this is only a summary of key provisions of the Act, rather than a detailed overview of all its requirements.

The Brown Act Applies to All “Legislative Bodies”
“Legislative body” means:
The governing body of a local agency or any other local body created by state or
federal statute.

“Legislative Bodies” Can Include Committees and Subcommittees
All subcommittees and commissions created by formal action of the legislative body,
whether temporary, decision making, or advisory. There is one exception for ad hoc
advisory committees consisting of less than a quorum of the legislative body. To
constitute such on ad hoc advisory committee: (1) The committee must be purely an
advisory committee with no decision making authority; (2) the committee must be
composed solely of less than a quorum of members of the legislative body (two
members for a five-member body, three members for a seven-member body); (3) the
committee must not have continuing subject matter jurisdiction; and (4) the
committee must not have a meeting schedule fixed by formal action of the legislative
body.

Examples:
> Advisory committee composed solely of two school board members and
community members that reviews all instructional materials (ongoing committee
subject to Brown Act).

> Advisory committee composed of two school board members to review
architectural plans for a new high school and make a recommendation in three
months (limited term ad hoc committee, not subject to Brown Act if all other
conditions noted above are met).

Meetings
A “meeting” is any congregation of a majority of the legislative body that meets at the
same time and place to hear, discuss, or deliberate upon any item within the body’s
subject matter jurisdiction. A “meeting” includes any use of direct communication,
intermediaries, or technological devices such as email. Formal action or an informal
“collective concurrence” is not necessary for a meeting to have occurred under the
Brown Act.

2 Guide to Effective Governance