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State Sunshine Law Update
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12/29/2021 5:00:36 PM
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Permitted Interaction: <br /> Two Members Only <br /> Two members only: <br /> • Not a quorum <br /> • No horse trading <br /> • No serial communications with others <br /> The first permitted interaction is between only two board members, so long as they do <br /> not constitute a quorum of the board, as is the case with the 3-member Public Utilities <br /> Commission for example. <br /> While the two members can talk about any board business and may make it clear what <br /> their positions are, they cannot seek or make a commitment by each other to vote a <br /> particular way on a board matter—in other words, they cannot "horse trade" and say <br /> for example, "If you vote this way on this matter, then I'll vote your way on another <br /> issue." <br /> Also, this 2-member permitted interaction cannot be used serially. Serial <br /> communications happen when member A talks to member B about an issue, then <br /> member B later goes to member C at some point and talks about the same issue. <br /> Although they were not in the same conversation at the same time, you now have <br /> three members discussing board business in violation of this two-member permitted <br /> interaction. <br /> 10 <br />
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