County counsel warns planning commission on ad hoc committees, Brown Act limits

County counsel delivered a focused legal briefing on the commission's ability to create advisory or ad hoc committees and on Brown Act constraints. Counsel told the commissioners she was unable to find state-code or county-bylaw authority allowing a planning commission to form its own advisory committees; instead, the county ordinances limit creation of such bodies and the Board of Supervisors typically establishes committees.

"I was unable to find anything in the state code that allows for the creation of planning commissions and their authority in there," county counsel said. She explained that under the Brown Act two or fewer commissioners may meet and discuss items informally but that involving three or more commissioners would constitute a meeting requiring notice and public participation. Counsel warned commissioners that informal consultation with outside stakeholders carries a risk of inadvertently creating a meeting if the information is passed among members not present.

The commission used counsel's guidance to shape next steps: commissioners agreed that two commissioners could draft edits and then bring their proposed redlines and staff input back to the full commission at a posted continuation meeting, rather than attempt to create a formal advisory committee without board authority.