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Finance Committee Meeting Requirements

Jim Miller, Board President Grizzly Ranch Community Services District

I am board president of a small CSD and we have formed an ad hoc committee to advise the board on the investment of CSD funds. We have formulated an investment policy which is in compliance with all known requirements and are now considering making this committee a permanent advisory committee with monthly meetings set at random times that meet all the member’s availability. I have reviewed the Brown Act and am confused as to the requirements for committee meetings. This committee will be composed of a nonquorum of board members (2 or less), the CSD treasurer, and a district resident. Would this advisory committee be required to meet the Brown Act requirements imposed upon governing bodies such as agenda posting and open meetings, etc.?

Rick Howard, General Manager Orange County Mosquito and Vector Control District

Great question! Government Code Section 54952(b) states: A commission, committee, board, or other body of a local agency, whether permanent or temporary, decision making or advisory, created by charter, ordinance, resolution, or formal action of a legislative body. However, advisory committees, composed solely of the members of the legislative body that are less than a quorum of the legislative body are not legislative bodies, except that standing committees of a legislative body, irrespective of their composition, which have a continuing subject matter jurisdiction, or a meeting schedule fixed by charter, ordinance, resolution, or formal action of a legislative body are legislative bodies for purposes of this chapter.

I think, and you should ask your legal counsel for more definitive input, that the words “composed solely of the members of the legislative body” would be the trigger since you have a member of the public on the ad-hoc committee and the committee itself is not made up solely by members of the board. So, I’d say yes.

Colby Diuguid, General Manager Jurupa Area Recreation and Park District

My understanding is, if it is a standing committee and listed in your bylaws then it is subject to Brown Act notifications for meetings. I do not believe it is required you take/post minutes, however as a best practice and to increase transparency we post minutes for all committee meetings. The board accepts them as a “receive and file.”

Loren Stephen-Porter, Executive Assistant/Board Secretary North County Fire Protection District

I think making this a permanent advisory committee may make it subject to the Brown Act. Although you say you will have a nonquorum board, it looks like the ad hoc committee may appointed by the board and will last indefinitely, with continue subject matter and monthly meetings. I would call this a standing committee. It has continuing subject matter (investment of funds) and a fixed meeting schedule (monthly). Others may feel differently, but I would error on the side of caution.