Home -> Law Blog Directory -> Labor & Employment Law Blogs -> New York Public Personnel Law

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Labor & Employment Law

: New York Public Personnel Law

Determining if a quorum required to conduct official business is present

ADVERTISEMENTS

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 officio members, 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

Full post as published by New York Public Personnel Law on September 18, 2008 (boomark / email).