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Asked & Answered

Non-Profits Covered under Brown Act

firstamendment June 13, 2009

Non-Profits Covered under Brown Act Q: This is to clarify whether or not our volunteer association, which takes care of a City Dog Park, is under the Brown Act. We were not created by any of the required methods spoken of in the Act (e.g. ordinance, formal action, charter, or resolution).  We saw a need, came together and the City liked the idea of not having to deal with the park. However, we have been

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A&A: Public Comment Identification Requirements

firstamendment June 13, 2009

Public Comment Identification Requirements Q: Can an agency require a member of the public to state their name and address in order to address the agency on an agenda item? A: The Brown Act provides that “[e]very agenda for regular meetings shall provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public, before or during the legislative body’s consideration of the item, that

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A&A: Co-op non-profits

firstamendment June 13, 2009

Co-op non-profits Q: I live in a shareholder owned, non profit, stock cooperative.  When the board of directors chose to meet in executive session to consider litigation against a shareholder and did NOT vote in front of the membership to pursue it, is there any case or lawsuit you can refer me to where a decision by the court has been reached regarding the legality of such a meeting?  The board of directors did not

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A&A: Brown Act Rules for Non-Profits

firstamendment June 13, 2009

Brown Act Rules for Non-Profits Q: As a public non profit corporation that’s primary purpose is to support the public elementary school are we required to comply with the Brown Act? Does having the Principal of the school on the executive board have any bearing on complying with the Brown Act? A: Under Government Code section 54952(c), the governing body of a non-profit organization would be subject to the Brown Act under either of two

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A&A: Regularly Scheduled Special Meetings

firstamendment June 13, 2009

Regularly Scheduled Special Meetings Q: Can a regularly scheduled meeting be called a “Special Meeting” Can a Closed Session be called a Special Meeting if the “reporting out” is part of the immediately following regular meeting? A: Under the Brown Act, a “special meeting” may be called to discuss or act on a matter that is too pressing to delay until a regular meeting, or an issue that deserves extensive consideration unburdened by other business. 

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