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SEP -02 -1998 12 LEAGLE IF *I CITIES P.04'12
<br /> S . 412.191, subd. 1.) with a five member council and to
<br /> Iu important to review t se the the � erefor atlect the num- vacancies. If two numbers are absent I
<br /> o u t re q ui re at the state sp 1 h three 4
<br /> out the required vote. For example, if ber that constitutes a quorum as well. from a meeting, the remaining
<br /> there is a vacancy on a five - member (A.G. Op. 63•a•11, Jan. 4, 1966, LMC constitute two one vote
<br /> motto `- i
<br /> statutory city council, the remaining 415b1.) In statutory cities, this ususli sufficient to pass any ordinary contrast, y m l five _` ,.
<br /> four members by unammoua vote could won't make a difference unless there a membe w Present, it would take':'
<br /> abolish the park board. However. they more more than one vacancy. m least three affirmative vo to •-
<br /> apparently couldn't abolish the hospital charter city with an even number that same motion.
<br /> board, since the statute requites that council members, it could make
<br /> " all five" members vote for abolition. ference if the charter defines a quorum
<br /> Many charters require specific nun- it this way. Abstentions
<br /> 1 bers of votes for various actions, rather It's important to pay attention to the
<br /> than establishing a required percentage precise wording of the definition of Sometimes a council member pr-- �-
<br /> charters simply pro eat at a meeting will choose not to • • ,,
<br /> 1: . Or proportion. e tkie q r vacancy doesn't of members quorum• pema
<br /> change the required numbers in that that a specific number which case a on a natter before the council. It •• .:� '�
<br /> crcu 6 6 , LM (A l.) 63 a•il. Oct. v o t wouu q&t affect in the number the abstained. Specific the
<br /> ally,abstainin try I
<br /> v 20, 1966, pe he5coJ f a quorum. (See because of a personal interest in
<br /> ' -• ? In Hoppe, the court also distin- charter '- es 471 »Y s p ec ial `waned between a requirement for a A.G. Op. 471.7, Apr. 17, 1967, L wi0 be discu later m this article. -'
<br /> e requ o f "all members and - m 140A.)
<br /> mb " an dd 'all members elected" An abstention by one or more c t
<br /> k4 , regsrement for a a body. . The court which court pointed out in Hoppe members does not reduce the n . • -_ '
<br /> bete elected" ha to a body ant is determining o f votes needed, if the statutes - • !
<br /> noted that if the statute refers to "at could also be import n {
<br /> • members elected' (rather than just to a quorum. the affirmative votes of a specific
<br /> "all members ") a vacancy does not ber or proportion of the council. Nor
<br /> an abstention counted as a vote
<br /> change the number of votes needed for Absence the majority in this circumstance. '
<br /> passage.
<br /> In statutory cities and frequently in Unhice a vacancy in the council, the Deve/opment Ca. v. Shaw, 909 3
<br /> charters as well, a quorum is defined absence of a wired member from a 139, 244 NW2d 110 (1976); Van C
<br /> to be a moiety of all the members of pa w totting does not affect the v. Wallace, 216 Kinn 500. 13
<br /> member of votes needed, if the statutes 467 (1944). meat case is
<br /> require an affirmative vote by a sped- The Ram Develop
<br /> fled portion of the entire coned. Tracy good illustration of this rule. A see
<br /> Cement Tile Co. v, Cir of Tracy. 143 member count attempted to pass
<br /> Minn 415, 116 NW 189 (1919). Thus, Zoning amendment. The vot - 111111 to amend a zoning ordinance in a city recorded were four affirmative, t.
<br /> EXPERTS w ith a five-member council takes st abstentions, and one "pass."
<br /> T WATER least four votes. since two-thirds of Court ruled that this was not„ .....--
<br /> REPAIR PAINTING & � five is 3.3. If one number is absent to pass the ordinance, eve
<br /> AI NTING & and only four are present, it still takes votes were needed, and neither •`
<br /> R four affirmative votes to amend the abstentions nor the "pass" could ;
<br /> Videotaped zoning ordinance. canted as an affirmative vote. (It's :
<br /> Inspections Absences do, however, affect the clear what distinction the round •• •
<br /> In Color number of votes required, where the hers intended between "abstain"
<br /> • a•�me 6 Pear Man statutes or charter don't require a "pass." The Court treated them
<br /> • Awwa 6 UK MEOW*
<br /> Owner ba., particular number or portion of votes. being the same.
<br /> )
<br /> Sing. S'C this includes most Sit
<br /> • serene:, Maier WA In ordinary motions rilarly, in a statutory city -
<br /> • Ma••ama.MCa..r+w° Ordhnary mOtrnnb Ind resolutions: five-member council, it takes
<br /> • Cw am••d bills. entering contracts. fill- affirmative votes to pass an or.', - • ..-
<br /> 6pw, C0.0090 in g approving two "yes" votes and three abst •,- •
<br /> • Una &aaln0 6 PimilnQ council vacancies, etc. The general
<br /> • lie., 0011040.143013 . rule i th if a quorum is present, * are not enough. Nor could a vote
<br /> i a,d•Wlis aslaeA
<br /> • Final ',Writ majority of the quorum can pass any treated as unanimous if one or ..
<br /> WESTERN TAN action, unless a statute or charter pro m w m ber re e a theestatutes don't re• t
<br /> ton requires a larger mauler Jensen
<br /> & TOWER INC. v. Independent Consolidated School specific mutter s of votes, a moll:,-
<br /> District No, 85, 160 ?futn 233, 199 passed if a majority of those voting .
<br /> Vi1 -m, Oct, (1924).
<br /> 30, 1986 CLMC 41 81), it m aapressed saying that a • '
<br /> P.O. Box 68007
<br /> Sioux Falls, SD 57105 and 161 -A -20. June 3, 1987 (LMC lions r are counted as voting with , c � .
<br /> (6 05) 339.6506 Again,
<br /> TELEPHONE: BO Ag e t make this 1987 (LMC 500D), and 471-M, ''
<br /> (6dea . , a example nigh
<br /> more dear. a statutory city 30, 1956 (LMC 415131). Thus
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