Legal Question in Administrative Law in California

Hi...My question concerns The Brown Act/ California. I'll try and make a long story short. I am newly elected President of The Board of Directors for a small homeless shelter in Ca. We are a non profit corporation.

Our monthly meetings are governed by Roberts Rule of Order. The question has been brought up Are we also governed by The Brown Act ? Or is that just for legislative body/ boards? as explained in The Brown Act 54952(c) (1) (A) and 54952(c) (1)(B) We have a Board meeting soon. Any help would be greatly appreciated.Thank you in advance for your time.

Maureen Bates


Asked on 8/25/10, 7:55 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Your organization might be covered. Here are the rules:

A non-profit corporation is covered only if:

a. A legislative body delegates some of its

functions to a private corporation or entity; or

54952(c)(1)(A) Ch. II or

b. If a legislative body provides some funding to a

private corporation or entity and appoints one of

its members to serve as a voting member of

entity�s board of directors.

54952(c)(1)(B

References are to the Government Code and this material was cut-and-pasted from a booklet prepared by the Calif. Attorney General (Lockyear) which can be accessed via www.ag.ca.gov/publications/2003_Intro_BrownAct.pdf

Read more
Answered on 8/30/10, 9:46 pm


Related Questions & Answers

More Administrative Law questions and answers in California