Title: Opinion File 78-41 thru 78-42
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Permanent Link: http://ufdc.ufl.edu/WL00003532/00001
 Material Information
Title: Opinion File 78-41 thru 78-42
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Buddy Blain's Collections - Opinion File 78-41 thru 78-42
General Note: Box 14, Folder 5 ( Opinions 1976 - 1977 - 1976 - 1977 ), Item 84
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00003532
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

78-41


October 2, 1978 KEY WORDS: 1 _

MEMO 180---d--



RE: SWFWMD Opinion Quorum
FR: LMB


A quorum is a majority of the members of the Board unless
otherwise prescribed by law or rule.

In the case of the governing boards of water management
districts and governing boards of water management district
basin boards, no specific quorum is prescribed by statute
and, insofar as it relates to SWFWMD, no specific quorum is
prescribed by rule.

A quorum for the nine (9) member governing board of SWFWMD
is five (a simple majority of the members).

In the event there should be a vacancy on the board reducing
the membership to eight, a quorum would remain at five since
it must be a majority.

In the event there were two vacancies on the board, reducing
the membership to seven, the quorum would be four.

The quorum for a six member board would be four also.

In the case of the basin boards of SWFWMD a majority of the
members of a board is a quorum. The district governing board
member residing within the basin presides as chairman of the
basin board but 373.0693 provides that this ex-officio chairman
shall have no official vote except in case of a tie. With this
limitation, the ex-officio chairman should not be counted in
determining the number of members of the board or in calculating
the quorum.

For example, the Northwest Hillsborough Basin Board is presently
comprised of three members and is presided over by a fourth
person who is the district governing board member who resides
within the basin. A quorum for that basin would be two members.
It would be improper to count the chairman ex-officio as a
member of the board for the purpose of determining how many
comprise a quorum. It would also be improper to count him as
one of the members present in determining whether or not the
requisite quorum is present for the purpose of transacting
business. This is not to say that his vote could not be counted
in case of a tie but that is the only instance in which he has
an official vote on the basin board.


L






78-42


Memo
Page Two
October 2, 1978


The respective basin boards of SWFWMD are eligible for varying
numbers of board members. In several instances, vacancies
have existed for long periods of time. These vacancies should
not be counted when determining the membership on the board;
only the number of members actually on the board should be counted.
All hold-over members should be counted, even though their
terms may have expired, if they have not actually resigned from
the board and are still eligible to serve.


LMB/jf




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