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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 /> No Quorum <br /> •Less than a quorum, therefore board meeting is <br /> cancelled or terminated as a matter of law <br /> •But members at cancelled/terminated meeting <br /> can receive testimony and ask questions; must <br /> create a record; but cannot deliberate and decide <br /> •At subsequent board meeting, must provide <br /> copies of-testimony and report on testimony <br /> received at the cancelled or terminated meeting <br /> A fifth permitted interaction is allowed when there is less than a quorum of members <br /> at a board meeting, which thus requires the cancellation or termination of the meeting <br /> as a matter of law. But for the convenience of the members of the public who have <br /> shown up at the meeting, this permitted interaction was adopted to allow the <br /> remaining board members to receive testimony and presentations on agenda items and <br /> to question testifiers. The members present at the terminated or cancelled meeting <br /> must create a record of the oral testimony or presentations received at the meeting, <br /> just as it would have created minutes had the meeting not been cancelled or <br /> terminated by law. <br /> Deliberation and decisionmaking, however, cannot occur until a subsequently held <br /> board meeting that is duly noticed, at which time, the board must be provided copies <br /> of the testimony and presentations along with a report by the members who were <br /> present at the cancelled or terminated meeting. <br /> 15 <br />
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