Brown Act "adopted to ensure the public's right to attend the meetings of public agencies"
How later courts described this case
- Brown Act "adopted to ensure the public's right to attend the meetings of public agencies"
Written by the judges who cited it.
The opinion
MOSK, J., Concurring and Dissenting.
Although I have no quarrel with the result reached by the majority, I find that virtually all their reasoning has been rendered moot by the enactment of the 1993 legislation quoted in footnote 11 of the majority opinion. (Stats. 1993, ch. 1138.)
That legislation answers the question we took this case to resolve, i.e., whether advisory committees composed solely of members of a legislative body are themselves “legislative bodies” for purposes of the Ralph M. Brown Act. (Gov. Code, § 54950 et seq.) The 1993 legislation plainly declares they are not, unless they qualify as “standing committees” therein defined.
In light of this development the majority opinion has become an anachronism; indeed, the 1993 legislation repeals the very statute discussed by the majority at length. (Gov. Code, § 54952.3.) Because it is not our responsibility to offer advisory opinions on repealed statutes, I would dismiss review in this case as improvidently granted.