Page 13 - 2024 Brown Act Handbook

governing body to a private corporation or entity; or (2) receives funds from a local agency and
the membership of whose governing body includes a member of the legislative body of the local
agency appointed to that governing body as a full voting member by the legislative body of the
local agency. (85 Ops.Cal.Atty.Gen. 55(2022))

d. Hospital Lessee. The lessee of any hospital the whole or part of which is
first leased pursuant to subdivision (p) of section 32121 of the Health and Safety Code after
January 1, 1994, where the lessee exercises any material authority of a legislative body of a local
agency delegated to it by that legislative body whether the lessee is organized and operated by
the local agency or by a delegated authority.

(Government Code § 54952; Education Code § 35147; McKee v. Los Angeles Interagency
Metropolitan Police Apprehension Crime Task Force (2005) 134 Cal.App.4th 354; Taxpayers
for Livable Communities v. City of Malibu (2005) 126 Cal.App.4th 1123; Epstein v. Hollywood
Entertainment District II Business Improvement District (2001) 87 Cal.App.4th 862; Frazer v.
Dixon Unified School District (1993) 18 Cal.App.4th 781; 101 Ops.Cal.Atty.Gen. 92 (2018); 92
Ops.Cal.Atty.Gen. 102 (2009).)

2. Member of Legislative Body Includes Newly Elected and Appointed Officials
Prior to Assuming Office.

The definition of “member of legislative body of a local agency” includes persons
who have been elected but have not yet assumed the duties of office. While the Brown Act
refers specifically to elected officials, presumably the Legislature intended the rule to apply to
appointed officials. These persons must conform their conduct to the requirements of the Brown
Act, and they are individually liable for violating the Brown Act prior to assuming office. This
does not mean that newly elected or appointed members are authorized to attend closed session
meetings of the legislative body prior to assuming the duties of office. Newly elected or
appointed members may only attend closed session meetings if they have an official or essential
role to play in the closed session.

(Government Code § 54952.1; 88 Ops.Cal.Atty.Gen. 16 (2005); 86 Ops.Cal.Atty.Gen. 210
(2003).)

B. MEETINGS

1. Meetings Occur Whenever the Majority of a Legislative Body Meets to Discuss
Agency Business.

a. General Definition. Any congregation of a majority of the members of a
legislative body at the same time and place to hear, discuss, or deliberate upon any item that is
within the subject matter jurisdiction of the legislative body of the local agency to which it
pertains.

(Government Code § 54952.2(a); 103 Ops.Cal.Atty.Gen 42 (2020))

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