Q: The elected Community Advisory Group, created under the Planning Department of my County, convenes a coordinating sub-committee to review the Advisory Group’s standing rules. The Coordinating Committee chairman does not follow Brown Act obligations (e.g. requirements for notice, agenda, etc.) because he maintains that the Committee is Ad Hoc. Is the Coordinating Committee subject to the stipulation of the Brown Act?
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A: As you appear to be aware, the Brown Act is only invoked if a “legislative body” is involved, and if a majority of the members of that particular body met and conferred about the public’s business. Whether the Brown Act’s meeting requirements apply to an ad hoc committee depends on whether the particular committee may be defined as a “legislative body.” Section 54952 of the Government Code defines “legislative body” to mean, among other things:
- The governing body of a local agency or any other local body created by state or federal statute.
- A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision-making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees are not considered a legislative body when they are composed without the minimum number of representatives necessary to deem them a quorum. Under certain circumstances, standing committees of a legislative body, irrespective of their composition, are considered legislative bodies. In order for a standing committee to be deemed a legislative body, they must have a continuing subject matter, jurisdiction, or a meeting schedule fixed by charter, ordinance, or resolution.
As a preliminary matter, you must determine if the Community Advisory Group is a legislative body. The Brown Act carves out a specific exemption for an advisory committee comprised solely of less than a quorum of the members of the legislative body that created it. Gov’t Code § 54952(b). This exception does not apply if the advisory committee is a standing committee, which has continuing jurisdiction over a particular subject matter or if its meeting schedule is fixed by formal action.
If the Community Advisory Group is a standing committee, or has a meeting schedule fixed by charter, ordinance, resolution or formal action of the Planning Department, it is a legislative body. If the Community Advisory Group is a legislative body, the Coordinating Committee may also be a legislative body if created by charter, ordinance, resolution, or formal action of either the Planning Department or Community Advisory Group, provided it has “continuing jurisdiction” over a particular subject matter (e.g., budget, finance, legislation) OR a meeting schedule fixed by some formal action. However, if it falls under the ad hoc sub-quorum committee exemption, then the committee does not have to adhere to the Brown Act’s meeting requirements. Gov’t Code § 54952(b).
The California Attorney General’s Office illustrates in its Brown Act Publication, how § 54952 operates with respect to committees created by city councils. For example, an advisory committee created by the city council that is comprised of two council members for the purpose of reviewing all issues related to parks and recreation in the city on an ongoing basis is a standing committee that is subject to the Act because it has continuing jurisdiction over a particular issue, even though its makeup includes less than a quorum of the city council.
On the other hand, if the city council creates an advisory committee comprised of two city council members for the purpose of producing a report in six months on downtown traffic congestion, such committee is exempt because it is comprised solely of less than a quorum of the members of the city council, and it is not a standing committee because it is charged with accomplishing a specific task in a short period of time.
Here, the committee may be charged with accomplishing a specific task in a short period of time—reviewing the Community Advisory Group’s standing rules annually. You can find more information on the Brown Act’s requirements here.
Bryan Cave LLP is general counsel for the First Amendment Coalition and responds to FAC hotline inquiries. In responding to these inquiries, we can give general information regarding open government and speech issues but cannot provide specific legal advice or representation.