Board Member Walking Out of a Meeting

[Brouwer]

While it sounds like the beginning of a joke, it isn't.

Our township is holding a Special Meeting / Public Hearing this evening. Despite the fact that I've voiced numerous objections, our supervisor has included the following in the posted agenda (quoted verbatim, including colorization):

     Any Other Business to come before the board (Only if full board is present)  [sic]

While I know RONR does not allow adding agenda items to Special Meetings, my question revolves around "(Only if full board is present)." Our supervisor may simply ignore RONR and press on. To prevent 'any other business,' can one of the board members simply walk out, or does RONR have a rule against a board member leaving a meeting?

Thank you,

[J. J.]

Notice protects absentee rights, in general.  I would permit unnoticed items to be considered if there were no absentees. 

That said, if this a local government, there is almost certainly is statute covering this.  That would supersede RONR.

[Brouwer]

J.J.

My question isn't about unnoticed items being permitted. Rather, can a board member walk out of a meeting? Further, would walking out (if permitted) stop Any Other Business since the full board would no longer be present?

[J. J.]

On 3/26/2024 at 11:23 AM, Brouwer said:

J.J.

My question isn't about unnoticed items being permitted. Rather, can a board member walk out of a meeting? Further, would walking out (if permitted) stop Any Other Business since the full board would no longer be present?

Unless the body can compel attendance, the member can leave at any point. 

Under RONR, an absence is an absence.  You question regarding a public body is likely one of statute and you should look there. 

[Josh Martin]

On 3/26/2024 at 10:07 AM, Brouwer said:

Our township is holding a Special Meeting / Public Hearing this evening. Despite the fact that I've voiced numerous objections, our supervisor has included the following in the posted agenda (quoted verbatim, including colorization):

     Any Other Business to come before the board (Only if full board is present)  [sic]

While I know RONR does not allow adding agenda items to Special Meetings, my question revolves around "(Only if full board is present)." Our supervisor may simply ignore RONR and press on. 

Well, actually, the supervisor isn’t completely crazy here. But it’s not quite as simple as just “ignoring” RONR.

The purpose of notice rules is to protect absentees. If everyone is present, there are no absentees to protect. So in those circumstances, the rules could be suspended to consider items not included in the call of the special meeting.

However, this is still a suspension of the rules, so it would require a 2/3 vote.

The very important caveat I would add, however, is that it sounds like this is a public body. As a result, there are quite likely rules on this subject in the board’s rules and/or applicable law, and those rules will take precedence over RONR.

So I’d advise consulting the board’s clerks and attorneys regarding whether (and how) additional items may be added to the agenda for a special meeting.

On 3/26/2024 at 10:07 AM, Brouwer said:

To prevent 'any other business,' can one of the board members simply walk out, or does RONR have a rule against a board member leaving a meeting?

RONR has no rules against a board member leaving a meeting. I am inclined to think that, under the rules in RONR, this would prevent the introduction of other items of business at a special meeting, provided the member leaves before the items are introduced.

Again, however, I would note that the board’s rules and applicable law take precedence.

So I’d advise consulting the board’s clerks and attorneys regarding whether (and how) additional items may be added to the agenda for a special meeting, and whether a board member walking out has any impact on those rules.

Edited March 26, 2024 at 04:10 PM by Josh Martin

[Gary Novosielski]

On 3/26/2024 at 11:23 AM, Brouwer said:

J.J.

My question isn't about unnoticed items being permitted. Rather, can a board member walk out of a meeting? Further, would walking out (if permitted) stop Any Other Business since the full board would no longer be present?

Walking out is allowed. but unless your board has a 100% quorum requirement, I don't see how it could stop business.  It's one thing to post a message saying "only if the full board is present" and it's another thing to have the authority to enforce it.  Any board member could raise a point of order that the quorum requirement cannot be suspended, even by a unanimous vote.

[Josh Martin]

On 3/26/2024 at 12:56 PM, Gary Novosielski said:

Walking out is allowed. but unless your board has a 100% quorum requirement, I don't see how it could stop business.  It's one thing to post a message saying "only if the full board is present" and it's another thing to have the authority to enforce it.  Any board member could raise a point of order that the quorum requirement cannot be suspended, even by a unanimous vote.

Mr. Novosielski, as I understand the facts, the issue at hand involves a special meeting, and whether business not included in the call may be raised at the meeting if all board members are present. I don’t think the question is regarding quorum requirements.

[Gary Novosielski]

On 3/26/2024 at 2:05 PM, Josh Martin said:

Mr. Novosielski, as I understand the facts, the issue at hand involves a special meeting, and whether business not included in the call may be raised at the meeting if all board members are present. I don’t think the question is regarding quorum requirements.

Would I be correct in thinking that the question involves the suspensibility of notice requirements if all members are present?  If so then I agree quorum requirements are not at issue.  And I agree that the absence of a single member could prevent the introduction of business that was not described in the call of the meeting.

[Josh Martin]

On 3/26/2024 at 3:19 PM, Gary Novosielski said:

Would I be correct in thinking that the question involves the suspensibility of notice requirements if all members are present?

Yes.

[Joshua Katz]

On 3/26/2024 at 8:07 AM, Brouwer said:

While I know RONR does not allow adding agenda items to Special Meetings,

If I may pick a likely inconsequential nit: special meetings may not consider any business not in the call of the meeting. That is different from requiring an agenda and prohibiting it from being amended.