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Asked and Answered

Quorums and valid actions

June 14, 2009

Question

Our Downtown Business Association is under the Brown Act.  At the end of our meetings, members leave before the meeting is finished yet they continue to vote and make crucial decisions.  The President says that since there was a quorum at the beginning of meeting, they can make decisions even if the members leave.  Is this true?

Answer

Assuming that the association you refer to is governed by the Brown Act, section 54952.6 defines “action” as a collective decision made by a majority of the members of a legislative body, a collective commitment or promise by a majority of the members of a legislative body to make a positive or a negative decision, or an actual vote by a majority of the members of a legislative body when sitting as a body or entity, upon a motion, proposal, resolution, order or ordinance.  Thus, even if some members of the legislative body leave the meeting, the legislative body can still vote and make decisions so long as a majority of its members remain.

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