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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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• Most ordinances. Since most ordinances must be approved by a majority <br /> of the entire council,vacancies on the council can affect the number of <br /> votes needed to pass an ordinance. For example,if there were two <br /> vacancies on a five-member council,the entire council would consist of <br /> three members.In this case,a majority of the entire council would be two <br /> rather than three. <br /> A.G.Op.63a-I I(Oct.20,1966). • Situations where statutes require extraordinary votes. If a statute or <br /> charter provision requires a specific number of votes(rather than a <br /> percentage of the council),the vacancy probably won't affect the required <br /> numbers of votes. <br /> W. Absences <br /> Tracy Cement Tile Co.v.City of A councilmember's absence from a meeting does not affect the number of <br /> Tracy, 143 Minn.415,176 N.W. votes needed if a statute requires an affirmative vote by a specified portion of <br /> 189(1919). <br /> the entire council. <br /> Minn.Stat.§§412.191,subd.1; . Achieving a quorum. Absences can certainly affect the ability of a city <br /> 645.08(5). council to achieve a quorum,since a majority of a statutory city council is <br /> needed to achieve a quorum.For example,if one or two members of a <br /> five-member council are absent,the three remaining councilmembers <br /> would constitute a quorum.However,if three members were absent,the <br /> remaining two members would not be able to hold a meeting because a <br /> quorum would not be present. <br /> Jensen v.Indep.Consol.Sch.Dist. • Motions and resolutions. Since most motions and resolutions must be <br /> No.85, 160 Minn.233,199 N.W. approved by a majority of those present in order to pass,an absence can <br /> 911(1924);A.G.Op.471-M(Oct. <br /> 30,1986);A.G.Op.161-A-20 affect the number of votes needed.The general rule is that if a quorum is <br /> (June 3,1987);Minn.Stat.§ present,a majority of the quorum can pass any action except those where a <br /> 645.08(5). statute or charter provision requires a larger number.The fewer members <br /> present,the fewer needed to constitute a majority. For example,if two <br /> members of a five-member council are absent,the remaining three <br /> constitute a quorum.A 2-1 vote is sufficient to pass most motions at such <br /> a meeting.However,if all five members were present,at least three votes <br /> would be needed to pass the same motion. <br /> Minn.Stat.§412.191,subd.4. • Most ordinances. The absence of a councilmember from a meeting does <br /> not affect the number of votes needed if the statutes require that a <br /> specified portion of the entire council is needed to approve an action.For <br /> example,it takes a majority of the entire council to pass an ordinance in a <br /> statutory city.In most statutory cities,a majority is three votes.If one <br /> councilmember were absent,it would still take a majority of the entire <br /> council(or three votes)to pass the ordinance. <br /> • Situations where statutes require extraordinary votes. The absence of a <br /> member will not affect the number of votes needed if a statute requires <br /> approval by a specific number of votes or a certain portion of the entire <br /> ` council. <br /> ~ 32 League of Minnesota Cities <br />
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