Title: Opinion File 75-43 thru 75-45
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Permanent Link: http://ufdc.ufl.edu/WL00003432/00001
 Material Information
Title: Opinion File 75-43 thru 75-45
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 75-43 thru 75-45
General Note: Box 14, Folder 4 ( Opinion File 1974 - 1975 - 1974-1975 ), Item 60
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003432
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text








June 2, 1975


47ay T. Ahern, Esquire
staff Attornmy
Southwest Florida Water
Maaigemnt District
P. 0. Box 457
Brooksville, Florida 33512
Se: BMo in Board QuON=
Dear Jay
eoaeipt is acknowledged of a oopy of your ummorander of April
30, 1975 to Boayy Vergara, conoaening the question of wbether
the Chairzmn x Offioio of a Basin Board may be counted as a
quorese.
My opinion that the Chaizmen of a Basin Booad aay be countd
oni of the person for a qorwru is based upon same research that
we mde sveral years ago. We tund no Ploria lawr; however,
did find &mwe f in another state vicah provided that if a Ch4r-
hanf R Officio is aumhorise to vote he an be counted as part of
the queag and, in this instance, the CbhaiBan =ay veo in o
of a tie. 21arafme, we are of the opinion (and gav this as th
opinion) that tbh Chatima of a Baais Boatd may be included in.the
oount for the pmipoe of dta-iiat i if aQov is preset. Our
opinion was not "for apMAemy," but based qpon reason and whit
we found to be law in another jurisdiotion, nor has the Florida
Administrativ Aot chan~ o our opinion, in that it is silent rt-
garding quorume.
Yours very truly,


Myroaa 0 Gibbons
MoGatb






LII-i2- --


Letter to Jay Ahern
S Re: Basin Board Quorum

Dear Jay:

Receipt is acknowledged of a copy ofryour memoranda ur-Of-- Apr:

1975 to Sonny Vergara, concerning the qTuestionlT--f-fTether-t

Ex Officio of a-asin- Boar-d--fay be counate-as -alqorumT. -

My opinion that the Chairman of a Basin Board-may be c

as one of the persons for a -quorum is basedc upon some resea


.t V Uo


untea


we made several years ago. We found no Florida law; however we cdid

find some law in another state which provided that if a C. an ex

Officio is authorized to vote he can be counted as part of fme U.rLUm,-

and in this instance the Chairman La vote i e of a i L Thre fore,








(wae hiof tho pm Cpion( anb gave thit s oas the insee if he kno s of

of a Basin ord may be inludstrative Procedures Act would ch e t

determining orif there is any Florida law ini the ast year r tno)
but baaed upon reasoea and what we found to be- law in anoth! r




ditien a













Y" t I .... ""
---i--i hi- t-o Tom Cone before it goes out and see if he kno s of

any reason why this Administrative Procedures Act would cha ge it

around any or-if there is any Florida law in the last year r t 0o)







I U.-









(tm" April 30, 1975
MEMORANDUM 1" l 19- 5

TO: E. D. VERGARA, DEPUTY EXECUTIVE DIRECTOR FOR
INTERAGENCY COORDINATION

FROM: JAY T. AHERN, STAFF ATTORNEY

RE: Administrative Procedure Act and Quorums ,

If I understand your questions, I feel that your fears can be alleviated
by my response herein.
On the question of adding items to the agenda after its preparation and
within seven days before the meetings, I believe that an item can be added
if the presiding officer determines good cause exists for its consideration
and the reason is stated in the record. Good cause in legal terminology
means that which is not an arbitrary, irrational, unreasonable or irrelevant
act, reason or consideration and is done in good faith.
As to determining a quorum for a Board meeting, I have formerly discussed
this with Myron. It appears that the Basin Boards consist of those appointed,
by the Governor and may vary in number with the minimum being three members.
r A member of the District Governing Board shall serve as a Chairman Ex Officio
with no voting rights except in case of a tie vote. It would appear that the
Chairman Ex Officio would not be considered a Basin Board member under the
statute 373.0693 F.S. Myron advises that for expediency a quorum could be
considered to exist with the Chairman Ex Officio's presence. When a question
as to the legality of a Basin Board's action taken under such a condition iS
raised by someone, a special meeting of the Basin Board could be called for
all Basin members to affirm the action taken earlier.

The above should answer the questions raised by Bill Allee.

JTA:ld d

cc: Myron G. Gibbons, Esquire




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