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Town attorney: two council members may serve on ad hoc subcommittee without creating a Brown Act body
Summary
Town attorney Miriam Sleeman told council that an ad hoc subcommittee made up solely of fewer-than-a-quorum council members is an exception to Brown Act public-meeting rules, but adding private citizens would make the group subject to the Brown Act and raise potential conflict-of-interest issues.
During discussion of the SOQ subcommittee, town attorney Miriam Sleeman clarified how the Brown Act applies to ad hoc committees.
Sleeman explained that a committee created by formal action generally becomes a legislative body under Government Code Section 54952, but an exception exists for advisory committees composed solely of members of the legislative body that number less than a quorum. "You could have 2 council members on the committee and it would not be a Brown Act body," she said. Sleeman added that a committee including private citizens would be a Brown Act body and would require public meetings and additional procedural safeguards.
Council used that guidance to form a two-member council subcommittee while preserving the option for council members to consult informally with CAC members. Staff also warned that including CAC members who have submitted RFQs could create conflicts that would need to be managed or disqualify those individuals from participating in procurement decisions.
