Are Ad Hoc Committees Subject to the Brown Act?

The Ralph M. Brown Act (Brown Act) is a California law that requires local government agencies to conduct their meetings in public and to provide notice of those meetings to the public. The Brown Act applies to legislative bodies of local agencies, including ad hoc committees.

Ad Hoc Committees

Ad hoc committees are temporary committees formed for a limited or single purpose. They are typically created to address a specific issue or project and are disbanded once their task is completed.

Brown Act Exemption for Ad Hoc Committees

The Brown Act exempts ad hoc committees from its requirements if they meet specific criteria. To be exempt, an ad hoc committee must meet all of the following conditions:

• It is comprised exclusively of members from the parent legislative body.
• It is composed solely of less than a quorum of the members of the parent legislative body.
• It is created to address a limited or single purpose within a limited duration.

If an ad hoc committee does not meet all of these conditions, it would be subject to the Brown Act and its requirements for open meetings and public notice.

Conclusion

Ad hoc committees are exempt from the Brown Act if they meet specific criteria. These criteria include being comprised exclusively of members from the parent legislative body, being composed solely of less than a quorum of the members of the parent legislative body, and being created to address a limited or single purpose within a limited duration. If an ad hoc committee does not meet all of these conditions, it would be subject to the Brown Act and its requirements for open meetings and public notice.

Sources

• Overview of The Ralph M. Brown Act
• Herding Cats: Local Senates & the Brown Act

FAQs

Are all ad hoc committees subject to the Brown Act?

No, ad hoc committees are exempt from the Brown Act if they meet specific criteria.

What are the criteria for an ad hoc committee to be exempt from the Brown Act?

To be exempt, an ad hoc committee must meet all of the following conditions:

• It is comprised exclusively of members from the parent legislative body.
• It is composed solely of less than a quorum of the members of the parent legislative body.
• It is created to address a limited or single purpose within a limited duration.

What are some examples of ad hoc committees that would be exempt from the Brown Act?

Examples of ad hoc committees that would be exempt from the Brown Act include committees created to:

• Plan a specific event
• Review a specific proposal
• Conduct a specific study

What are some examples of ad hoc committees that would not be exempt from the Brown Act?

Examples of ad hoc committees that would not be exempt from the Brown Act include committees created to:

• Make ongoing policy recommendations
• Oversee a particular department or program
• Conduct ongoing investigations

What are the requirements for an ad hoc committee that is subject to the Brown Act?

Ad hoc committees that are subject to the Brown Act must comply with all of the Brown Act’s requirements, including:

• Providing public notice of meetings
• Holding meetings in public
• Allowing public comment at meetings
• Keeping minutes of meetings

What are the penalties for violating the Brown Act?

Violations of the Brown Act can result in a variety of penalties, including:

• Invalidation of actions taken at the meeting
• Fines
• Jail time

How can I find out if a particular ad hoc committee is subject to the Brown Act?

You can contact the parent legislative body or the ad hoc committee itself to find out if the committee is subject to the Brown Act.