INTRODUCTION TO THE BROWN ACT
May 1, 2015
The “Rule”
•
All meetings of the legislative body of
a local agency shall be open and
public, and all persons shall be
permitted to attend any meeting of the
legislative body of a local agency, except
as otherwise provided in this chapter.
• Gov. Code, § 54953
•
If a given entity fits within any definition
of a legislative body, then it is subject to
the various requirements of the Brown
Act.
1
Legislative Bodies
•
The governing board of a school or
community college district, ROP or JPA,
etc.
•
•
Gov. Code, § 54952(a)
Commissions, committees, boards, or
other subsidiary bodies of a local
agency,
whether
permanent
or
temporary, decision-making or advisory,
created by resolution or some other
formal action of a legislative body.
•
•
•
Gov. Code, § 54952(b)
Community College Auxiliary Organizations
are subject to the Brown Act. (Ed. Code,
§ 72670.)
Academic Senates and other shared
governance structures.
2
Not Legislative Bodies
•
Ad Hoc Advisory committees composed
solely of the members of the legislative
body which are less than a quorum of the
legislative body.
• Gov. Code § 54952(b)
•
Except:
Standing committees of a
legislative body, irrespective of their
composition, which have a continuing
subject matter jurisdiction, or a meeting
schedule fixed by resolution or other formal
action of a legislative body, are legislative
bodies for purposes of the Brown Act.
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12838727
©2015 Atkinson, Andelson, Loya, Ruud & Romo
1
INTRODUCTION TO THE BROWN ACT
May 1, 2015
Members

“Member of a legislative body” includes: any
person elected to serve as a member of a
legislative body who has not yet assumed the
duties of office.

Such persons must conform their conduct to the
requirements of the Act as if they had already
assumed office.


Gov. Code, § 54952.1
A legislative body may require that each member
and/or any person who has been elected to serve,
but has not yet assumed office, be given a copy of
the Act.
4
What is a Meeting
 “Meeting” means any congregation of a majority
of the members of a legislative body at the
same
time
and
location,
including
teleconference location as permitted by Section
54953, to hear, discuss, deliberate, or take
action on any item that is within the subject
matter jurisdiction of the legislative body.
•
Gov. Code, § 54952.2(a)
 “Deliberate” includes the collective acquisition
and exchange of facts preliminary to an ultimate
decision.
5
What is a “Serial Meeting”?
•
A series of communications, each of which
involves less than a quorum of the
legislative body, but which taken as a whole
involves a majority of the body’s members.
•
Any use of direct communication, personal
intermediaries, or technological devices that
is employed by a majority of the members of
the legislative body to develop a collective
concurrence as to action to be taken on an
item by the members of the legislative body
is prohibited.
• Gov. Code, § 54952.2(b)
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©2015 Atkinson, Andelson, Loya, Ruud & Romo
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

The Total Cost of Ownership (TCO) is the
total of all costs generated over the useful
lifespan of the facility (30-50 yrs.)
The goal of TCO is to determine a value that
will reflect the true cost of the facility,
including:
• planning and constructing
• equipping the facility
• operating cost over the useful life
Utilize
a systematic approach for
the evaluation of college facilities:
• Maintain a database compatible with State
reporting requirements (fusion – Space inventory)
• Updated annually
• Utilizes TCO to integrate facilities & IT into the
college wide planning process
Lack of
Resources
Increased
Operational
Costs
Reactive
Maintenance
Lack of
Preventative
Maintenance
Deferred
Maintenance
Equipment 1998
450,000 S.F. (estimated)
Equipment 2013
800,000 S.F.
8,400 Int. Light Fixtures
15,000 Int. Light Fixtures
1,680 Exterior Light Fixtures
3,000 Ext. Light Fixtures
950 doors
1,741 doors
5 Boilers
18 Boilers
84 Furnaces
150 Furnaces
1120 Filters
2,000 Filters
11 Elevators
18 Elevators
220 Exhaust/Supply Fans
400 Exhaust/Supply Fans
213 Restroom Fixtures
552 Restroom Fixtures
BUILDING
100 ENROLLMENT SERVICES
200 THEATER MUSIC
400 SOCIAL SCIENCE
450 FORUM
500 BUS SOC SCIENCE
700 MATH ENGIN TECH
900 COLLEGE CENTER
1100 GYMNASIUM
1300 BUILDING TRADES
1400 COMPUTER LAB
1500 EARLY CHILD NURSING
1550 NURSING OFFICE
1600 PUBLIC SERVICES
2000 MAINT & OPS
2020 GROUNDS SHOP
2050 VEHICLE/CUSTODIAL
SQUARE
FOOTAGE
15892
34870
23784
11416
19287
20707
30300
43857
11748
9900
17840
2510
8120
11719
1400
1920
265,270
YR. BUILT
1962
1962
1967
1967
1962
1962
1962
1962
1976
1976
1976
1976
1979
1974
1974
1974