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Abstentions when unanimous consent is required


Guest M. H.
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A State law for raising a tax states-
with the unanimous consent of the county commissioners- the County may increase the tax rate to 5%.

Two questions

1. If a Commissioner abstains, is this unanimous?

2. If the full body is not present (7 members), say only 6 are and they approve the increase, is it unanimous?

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Agreeing with Dr. Stackpole, since this is a public body and there is an applicable statute, I believe this is more of a legal question than a parliamentary one and you should check with an attorney.  There might well be court opinions (or attorney general opinions) interpreting that provision.

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On 6/21/2019 at 11:55 AM, Guest M. H. said:

A State law for raising a tax states-
with the unanimous consent of the county commissioners- the County may increase the tax rate to 5%.

Two questions

1. If a Commissioner abstains, is this unanimous?

2. If the full body is not present (7 members), say only 6 are and they approve the increase, is it unanimous?

In parliamentary usage unanimous consent is a term of art that confuses this question. In that context, if a member does not object, the consent is unanimous.  But this language may be intended to require a unanimous vote.

A unanimous vote is one where there are no dissenting votes.  So in my view, the answer to both questions is Yes.  But laws often define terms differently than their common meaning, and I haven't read the entire law.  Even if I had, I'm not a lawyer, so I'd advise you to consult one.

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