Page 12 - 2024 Brown Act Handbook

II.
THE BROWN ACT APPLIES TO ALL MEETINGS
OF LOCAL PUBLIC AGENCY LEGISLATIVE BODIES

A. LEGISLATIVE BODIES

1. Legislative Body Is Broadly Defined and Includes Decision Making and Advisory
Bodies.

The definition of “legislative body” means:

a. Governing Bodies. The governing body of a local agency or any other
local body created by state or federal statute.

b. Subcommittees and Commissions. All subcommittees and commissions
created by formal action of the legislative body, whether temporary, decision making, or
advisory. Formal action is interpreted broadly and would likely include the appointment by the
legislative body of members to a committee established at the administrative level, for example a
committee created by the superintendent or city manager.

There is one exception to subcommittees being subject to the Brown Act: ad hoc
advisory committees consisting of less than a quorum of members of the legislative body. The
following rules apply: (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.

Fact finding committees consisting of less than a quorum of members from two or
more agencies, even if appointed by the legislative bodies, have been held to fall within this
exception provided the committee does not meet on a recurring or ongoing basis and provided
representatives from each agency independently report back information to their respective
governing bodies, not as a joint recommendation.

In addition to the express exception, provisions in the Educational Employment
Relations Act, which exempt school district labor negotiation meetings from the Brown Act, will
apply to subcommittees created for the purpose of furthering collective bargaining, such as a
health benefits committee.

(Education Code § 35147; Golightly v. Molina (2014) 229 Cal.App.4th 1501; Californians
Aware v. Joint Labor/Management Benefits Committee (2011) 200 Cal.App.4th 972; Joiner v.
City of Sebastopol (1981) 125 Cal.App.3d 799; 64 Ops.Cal.Atty.Gen. 856 (1981).)

c. Private Entity Created by Legislative Body or Funded by a Local Agency.
A board, commission, committee, or other multi-member body that governs a private
corporation, limited liability company, or other entity that is either: (1) created by the elected
legislative body in order to exercise authority that may lawfully be delegated by the elected

2 2024 Brown Act Handbook LozanoSmith.com