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"MEETING" DEFINED
 Meetings of the board include any gathering of
a majority of directors at the same time and place to hear, discuss, or
deliberate upon any item of business scheduled to be heard by the board,
except those matters that may be discussed in executive session.
Civil Code §1363.05(j)
Even though the
Brown Act
does not apply to associations, it may provide useful guidelines for matters not specifically addressed by the Open Meeting Act (see
brochure). For example, may members of the board attend an informational seminar on an
upcoming agenda item without violating the Open Meeting Act? The applicable portion of the
Open Meeting Act
is unclear:
Civil Code 1363.05(f) As
used in this section, "meeting" includes any congregation of a majority of
the members of the board at the same time and place to hear, discuss, or
deliberate upon any item of business scheduled to be heard by the board,
except those matters that may be discussed in executive session.
Under the more detailed provisions
of the Brown Act (Gov. Code §54952.2(c)), the
following actions would not be considered a violation:
(1) Individual contacts or
conversations between a member of a legislative body and any other person.
(2) The
attendance of a majority of the members of a legislative body at a conference
or similar gathering open to the public that involves a discussion of issues
of general interest to the public or to public agencies of the type
represented by the legislative body, provided that a majority of the members
do not discuss among themselves, other than as part of the scheduled program,
business of a specified nature that is within the subject matter jurisdiction
of the local agency. Nothing in this paragraph is intended to allow members
of the public free admission to a conference or similar gathering at which
the organizers have required other participants or registrants to pay fees or
charges as a condition of attendance.
(3) The
attendance of a majority of the members of a legislative body at an open and
publicized meeting organized to address a topic of local community concern by
a person or organization other than the local agency, provided that a
majority of the members do not discuss among themselves, other than as part
of the scheduled program, business of a specific nature that is within the
subject matter jurisdiction of the legislative body of the local agency.
(4) The
attendance of a majority of the members of a legislative body at an open and
noticed meeting of another body of the local agency, provided that a majority
of the members do not discuss among themselves, other than as part of the
scheduled meeting, business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
(5) The attendance of a
majority of the members of a legislative body at a purely social or
ceremonial occasion, provided that a majority of the members do not discuss
among themselves business of a specific nature that is within the subject
matter jurisdiction of the legislative body of the local agency.
As a result, board
members are allowed to attend informational seminars without violating any laws. Such seminars are often useful to directors and help fulfill their duty of due
diligence.
Updated by ADAMS KESSLER 1/31/2008 | 
