St. Clair Co., Ill (ECWd) –
Just when you think a public body should know the definition of a “quorum” of its members, along comes the St. Clair County Veterans Assistance Commission (“VAC”).
According to the Military Veterans Assistance Act (“MVAA”), Section 9(a)(5), it defines a “quorum” as a “majority of the full commission membership.”
“All undertakings of, or actions taken by, the Commission shall require a vote from a majority of the full commission membership. No committee or other subgroup of delegates and alternates formed by the Commission, whether selected or appointed, may be granted the power or authority to act in the place of or on behalf of the full body of the duly selected or appointed Commission membership.“
Nothing can happen in a VAC without the vote of the majority of the full commission membership, this includes holding meetings, because a meeting is an undertaking or action taken by the Commission.
The Open Meetings Act (“OMA”), Section 2.06, requires that meeting minutes must include, among other things, “the members of the public body recorded as either present or absent and whether the members were physically present or present by means of video or audio conference; and . . . a record of any votes taken” There are certain penalties provided for violations of this Section (See Section 4 of the OMA).
The bylaws of this Commission violate the MVAA by defining a quorum as 5 members plus one member of the Executive Committee. See pages 8 and 9, Article V, Section 2:
“(5) Five delegates or alternates from (5) different membership organizations, plus either the President, First Vice President or the 2™ Vice President shall constitute a quorum to transact the business of the Commission.”
This VAC has 16 voting members (delegates), which means that it takes at least 9 members present to call a vote, and it takes 9 members present to hold a meeting.
On reviewing the meeting minutes (here), there inconsistencies on whether they recorded the members present or absent, and whether they “have a record of any votes taken.”
We suggest this VAC do three things:
1. Amend its bylaws to reflect the definition of a proper quorum according to the MVAA
2. Consistently record the members present or absent in the meeting minutes
3. Consistently make a record of any votes taken (in the meeting minutes) – “motion passed” is not a “record of any votes taken”
