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July 18, 2012

Determining if a quorum required to conduct official business is present


Determining if a quorum required to conduct official business is present
Formal Opinions of the Attorney General 2008-F1

It is not uncommon for a public board or council to have both voting members and ex officio non-voting members. In this instance the Attorney General was asked to advise the New York State Independent Living Council as to what constituted a quorum for the purpose of its conducting official business. The Council consisted of 24 voting members and a number of ex officiomembers, i.e., an individual holding membership on the Council by reason of his or her holding another position. The ex officio member in this instance was representative of State agencies that provided service for individuals with disabilities.

The Attorney General advised the Council that thirteen voting members of the Council were required to be present for the purposes of having a quorum and at least thirteen voting members must approve a motion for it to pass. 

Accordingly, the ex officio members could not be included among the thirteen members necessary to constitute a lawful quorum.

The full text of the opinion is posted on the Internet at:
http://www.oag.state.ny.us/bureaus/appeals_opinions/opinions/2008/Formal/2008-F1%20pw.pdf


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