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2-member commission


Guest GrayBeard

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Background:

 

A commission that is supposed to have 7 members has now only 2 members who have a current appointment. The job of the commission is to meet every odd-numbered year and to set salaries for city councilmembers.

 

Now the commission is scheduled to meet to make its salary determination on Dec. 16, 2013. 

 

It can do so because the state statute refers only to a majority of those serving, not a majority of the positions that exist: "A majority of the members of the commission constitute a quorum for conducting the business of the commission. The commission shall take no action or make determinations without a concurrence of a majority of the members appointed and serving on the commission."

 

Question: These two people – a chair and a non-chair – now have to conduct a meeting. How do they adopt a motion under Robert's Rules? My concern is that the non-chair could move adoption of the salaries, but the chair is not supposed to second a motion, right? Does any motion have to die for lack of a second. Or is that not an actual rule? Or if it is a rule, what kind of procedure should the 2-person commission use to perform their task? 

 

 

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How do they adopt a motion under Robert's Rules?

 

By both voting for it (or one of them abstaining, I suppose).

 

My concern is that the non-chair could move adoption of the salaries, but the chair is not supposed to second a motion, right? Does any motion have to die for lack of a second. Or is that not an actual rule? Or if it is a rule, what kind of procedure should the 2-person commission use to perform their task? 

 

Seconds are not required in small boards or committees, and I think the commission may meet that requirement. If the commission is not in the nature of a board or committee, it may adopt a special rule of order to use the small board rules if it wishes.

 

The requirement of a second is a rule, but not an especially firm one. It is intended as a guide for the chair to determine whether to state the question. The chair may state the question without a second if no member objects.

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A commission that is supposed to have 7 members has now only 2 members  

 

You might also want to look into whether two members are enough to constitute a quorum. The quorum requirement might be, for example, "a majority of the members" (in which case both members will have to show up), but it's possible, though perhaps less likely, that what's required is a majority of the full seven-person complement, in which case the commission, as currently constituted, couldn't act.

 

By the way, it's nice to see that some people still have an appreciation for typewriters.

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You might also want to look into whether two members are enough to constitute a quorum. The quorum requirement might be, for example, "a majority of the members" (in which case both members will have to show up), but it's possible, though perhaps less likely, that what's required is a majority of the full seven-person complement, in which case the commission, as currently constituted, couldn't act.

 

The original post states that "A majority of the members of the commission constitute a quorum for conducting the business of the commission."

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