At the March 27 meeting, two commissioners were physically present, and they conducted all business that could be conducted without a quorum. When the business which required a quorum came up for discussion, the telephone conference call was placed. Four commissioners voted on the emergency rule amendment and on the approval of two lottery contracts. All notice requirements under the Open Records Act and the lottery statute were met. The lottery statute addresses the issue of a quorum at lottery commission meetings.
Presence can be actual or constructive.
The existence of a person in a particular place at a given time particularly with reference to some act done there and then. Besides actual presence, the law recognizes constructive presence which latter may be predicated of a person who, though not on the very spot, was near enough to be accounted present by law or who was actively cooperating with another who was actually present . A quorum is merely the number of members of an organized body required for it to act. The way in which those members must be present is a function of the nature of the body, the nature of the business, and any limitations on the way in which it can conduct business. When an emergency exists and the law concerning the constitution of a quorum is not precise, public policy considerations should be stressed.