AS DEFINED ABOVE, DOES A STATUTORILY PRESCRIBED QUORUM WHICH INCLUDES A NONVOTING MEMBER HAVE THE CAPACITY TO CONDUCT BUSINESS? THE DISCUSSION BELOW WILL EXPLORE THAT QUESTION."
THE RELEVANT PORTION OF THE AUTHORITY'S OWN ENABLING ACT, SENATE BILL 423, QUOTED ABOVE, PROVIDES THAT A QUORUM SHALL BE THREE MEMBERS. IT MAKES NO DISTINCTION BETWEEN VOTING AND NONVOTING MEMBERS. BY LAW, THEN, THREE MEMBERS ARE SUFFICIENT TO CONDUCT BUSINESS. THE MEMBERS ARE NOT PROHIBITED FROM TRANSACTING BUSINESS SIMPLY BECAUSE ONE MEMBER HAS NO VOTING POWER. IT IS IMPERATIVE TO REMEMBER THAT VOTING IS NOT REQUIRED IN ORDER TO CONDUCT BUSINESS UNDER THE ACT, BUT BUSINESS INCLUDES DELIBERATION AND DISCUSSION AS WELL. SEE A.G.OPIN. 82-208, CITED ABOVE.
NEVERTHELESS, A MAJORITY OF A QUORUM CAN TAKE ACTION - THE ACT ITSELF PROVIDES THAT A PUBLIC BODY CAN GO INTO EXECUTIVE SESSION WHEN AUTHORIZED BY A MAJORITY VOTE OF A QUORUM. 25 O.S. 307(E)(2) (1992). THE BASIC REQUIREMENT FOR APPROVAL OF AN ACTION, EXCEPT WHERE A RULE REQUIRES OTHERWISE, IS A MAJORITY VOTE. MAJORITY VOTE IS DEFINED AS FOLLOWS:
"(I)T MEANS MORE THAN HALF OF THE VOTES CAST BY PERSONS LEGALLY ENTITLED TO VOTE, EXCLUDING BLANKS OR ABSTENTIONS, AT A REGULAR OR PROPERLY CALLED MEETING AT WHICH A QUORUM IS PRESENT."
HENRY M. ROBERT, ET AL., ROBERT'S RULES OF ORDER NEWLY REVISED, (SCOTT, FORESMAN AND COMPANY, 1990), P. 395 (EMPHASIS ADDED). THEREFORE, TWO VOTING MEMBERS OF A THREE-MEMBER QUORUM CAN GO SO FAR AS TO TAKE FORMAL ACTION ON BEHALF OF THE AUTHORITY. A QUORUM OF THE AUTHORITY, THEN, IS CAPABLE OF ALL ASPECTS OF CONDUCTING BUSINESS.
I AM AWARE THAT THE OPEN MEETING ACT SPEAKS OF A MAJORITY OF THE MEMBERS OF A PUBLIC BODY RATHER THAN A QUORUM. HOWEVER, CONSIDERING THAT THE PUBLIC POLICY OF THE OPEN MEETING ACT IS TO "ENCOURAGE AND FACILITATE AN INFORMED CITIZENRY'S UNDERSTANDING OF THE GOVERNMENTAL PROCESSES AND GOVERNMENTAL PROBLEMS" AS STATED IN 25 O.S. 302 (1991), IT WOULD BE INCONSISTENT WITH THE PURPOSE OF THE ACT TO DETERMINE A PUBLIC BODY IS NOT SUBJECT TO THE ACT WHEN LESS THAN A MAJORITY OF ITS MEMBERS MAY TRANSACT BUSINESS PURSUANT
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