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Brown Act

Legal Advice

Workshop Transcripts

Brown Act FAQ

1. Does the Brown Act apply to Neighborhood Councils?

YES, because the City Charter created Neighborhood Councils, Neighborhood Councils will be subject to the provisions of the Brown Act. The Brown Act is applicable to “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.“ § 54952 (b) (Emphasis added).

2. What are the major components of the Brown Act that will apply to Neighborhood Councils?

The Brown Act will generally apply * when there is a quorum or majority of the governing body of a Neighborhood Council present. The essential provisions that should be complied with include: meetings must be open (§ 54953.3); agendas of meetings must be posted 72 hours in advance for regular meetings and 24 hours in advance for special meetings (§ 54954.2 and § 54956); at the meeting the legislative body is limited to acting on the matters on the agenda (§ 54954.2); members of the public must be given an opportunity to speak to the legislative body on agenda items and non-agenda items within the jurisdiction of the Neighborhood Council ballots or deliberations are permitted (§ 54953); and agendas of public meetings and any other distributed writings are public records and shall be made available upon request without delay (§ 54957.5).

* There are some statutory exceptions that allow for a majority of the governing board to meet without compliance with these provisions depending upon the circumstances.

3. Does the Brown Act apply to Neighborhood Council committees?

YES, if the committee has an ongoing jurisdiction over a specific matter, it is considered a standing committee and would be covered under the Brown Act. However, if a Neighborhood Council establishes a temporary committee to review and make recommendations on a specific task or issue, the Brown Act does not apply because after the committee finishes its review and has given recommendations to the full governing body of the Neighborhood Council, the committee would be disbanded and thus no longer has jurisdiction over that matter. However, the temporary committee must comprise less than a quorum of the governing body, or else the Brown Act will apply since its provisions govern “meetings” of a legislative body at which a majority of the members are present. (Ralph M. Brown Act § 54952(b))

For example: The Board of Neighborhood Commissioner’s (BONC) Ad Hoc Committee on Certification Application was not subject to the Brown Act, because it was a temporary committee, had a specific assignment to contend with, and comprised less than a quorum of its members.