06-09-92 Special CCM - Laserfiche WebLink

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LAKE ELMO CITY COUNCIL SPECIAL MEETING JUNE 9, 1992 2 In addition from the statute with regard to a quorum. The Statute 412.191, sub 1, states the majority of all the members shall constitute a quorum although a smaller number may adjourn from time -to -time. From Roberts Rules #39, a board or committee of the whole or its variations, that is quorum in boards and committees, a quorum will be established by the by-laws. In all other committees and in boards, the quorum is the majority of the members of the board or committee unless a quorum is fixed differently. So we know the majority of this council that is requires THREE members to have a quorum. Proceedings in the absence of a quorum. In the absence of a quorum any business transaction except for the procedural action noted in the next paragraph is null and void. But if a quorum fails to appear at a regular or properly called meeting, the inability to transact business does not detract from the fact that the society rules requiring the meeting to be held were complied with and the meeting was convened even though it had to be adjourned immediately. The only action that can be legally taken in absence of a quorum is to fix the time to which to adjourn, adjourn, recess or take measures to obtain a quorum. The first three of these motions are governed by the standard descriptive characteristics for them. A motion that absent members be contacted during a recess would represent a measure in the last category. Motions to obtain a quorum are treated as privileged motions that take precedence over a motion to recess. Such motions are out - of -order, and another has the floor and so on. The prohibition against transacting business in the absence of a quorum cannot be waived even by unanimous consent and a notice cannot be validly given. If there is important business that should not be delayed, the meeting should fix the timeframe, adjourn the meeting, and then adjourn. Where an important opportunity would be lost unless acted upon immediately the members present can at their own risk act on the emergency with the hope that their action will be ratified by a later meeting at which a quorum is present. If a committee as a whole finds itself without a quorum you can do nothing but rise and report to the assembly which can then proceed as already described. Manner of enforcement quorum requirements. Before the presiding officer calls a meeting to order, itS his duty to determine although he need not announce that a quorum is present. If a quorum is not present, the chair waits until there is one or until after a reasonable time there appears to be no prospect of a quorum will assemble. If a quorum cannot be obtained the chair calls a meeting to order announces the absence of a quorum and entertains a motion to adjourn or one of the other motions allowed as described