JPA’s (Joint Powers Act entities) and the Brown Act
Q: School Districts within the County formed a co-operative entity (JPA) under the Joint Powers Act to pool resources regarding special education including litigation, legislation, training and “establishing criteria for determining the key issues involved in special education including the principal areas in need of systemic change.” A majority of the superintendents constitutes a quorum. Question: Can a majority of the superintendents hold closed meetings where they discuss general school district issues (which may or may not include special education at any particular meeting) wearing their hats (figuratively speaking) as superintendents? Specifically, does that meet an exception under 54952.2(c)?
A: An entity formed pursuant to the Joint Powers Act is a “local agency” for purposes of the Brown Act, and the entities that govern such authorities are “legislative bodies” under the Brown Act. McKee v. Los Angeles Interagency Metropolitan Police Apprehension Crime Task Force, 134 Cal. App. 4th 354 (2005). Thus, the JPA appears to be subject to the Brown Act.A majority of the members of the governing body of the JPA may not meet in closed session-as the JPA-except in the circumstances permitted by the Brown Act. Moreover, Gov’t Code § 54952.2(a) would prohibit a majority of the members of the JPA from meeting to “hear, discuss, or deliberate upon any item that is within the subject matter jurisdiction of the legislative body or the local agency to which it pertains.” Thus, if special education (or any other topic discussed at the meeting) is within the subject matter jurisdiction of the JPA, the governing body may not meet in closed session to discuss it unless it does so in accordance with the closed session provisions of the Brown Act