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(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
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, as well as appointed officials. Newly
elected or appointed members must be provided with a copy of the Brown Act by the local
agency. 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, 54952.7; 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.

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