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05 - Open Meeting Law Training
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04-17-2007 Council Meeting
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05 - Open Meeting Law Training
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a. Counting votes <br /> Most of the time,a city council acts by majority vote;however,sometimes a <br /> simple majority vote is not enough for a matter to pass.Depending upon the <br /> matter before the council,more votes may be needed.Likewise,a home rule <br /> charter city may have additional requirements in its charter. <br /> i. Entire council is present <br /> When the entire council is present and all members vote,it is generally simple <br /> to determine if a matter has passed. <br /> Minn.Stat.§§412.191,subd. 1: • Achieving a quorum.A majority of the members of a statutory city <br /> 645.08(5). council shall constitute a quorum.Obviously,when all members are <br /> present,a quorum has been achieved. <br /> • Motions and resolutions. A majority of the quorum is needed to pass most <br /> motions and resolutions. Since most statutory cities have a five-member <br /> council,this means that three votes are normally needed if all members are <br /> present and voting.In a statutory city with a seven-member council,it <br /> would take at least four votes to pass most motions or resolutions. <br /> • Most ordinances. A simple majority vote of an entire statutory city <br /> council is needed to pass most ordinances,regardless of the number of <br /> councilmembers present.This means that three votes are needed to pass an <br /> ordinance in a city with a five-member council.In a statutory city with a <br /> seven-member council,four votes are needed to pass most ordinances. <br /> However,some ordinances require more than a simple majority vote. <br /> • Situations where statutes require extraordinary votes. Several statutes <br /> require more than a simple majority to take certain kinds of actions.The <br /> following are some examples: <br /> Minn.Stat.§462.357,subd.2. • Adoption or amendment of zoning ordinances that change existing <br /> zoning from residential to commercial or industrial. <br /> Minn.Stat.§462.355,subd.3. • Adoption or amendment of comprehensive plans. <br /> Minn.Stat.§462.354,subd.1. • Abolishment of a planning agency. <br /> Minn.Stat.§462.356,subd.2. • Some capital improvements and acquisition or disposal of real <br /> property if the city has a comprehensive plan. <br /> 30 League of Minnesota Cities <br />
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