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Mr. Gary Mizuno <br /> Page 2 <br /> March 20, 1989 <br /> "a majority of the entire membership" to mean "a majority <br /> of the members actually appointed to the Commission. " <br /> [See Exhibit A] . Under that interpretation, if only seven <br /> members of the Commission are actually serving as members, <br /> and there are two vacancies, an affirmative vote of four <br /> members would be sufficient to "make any action. . .valid. " <br /> Recently, however, the Planning Commission was verbally <br /> advised, at a meeting, that "a majority of the entire <br /> membership" meant a majority of the total number of seats <br /> on the board or commission, regardless of the number <br /> actually filled. Under this interpretation, even if there <br /> are two vacancies on a nine-member commission, an <br /> affirmative vote of five members is still required to "make <br /> any action. . .valid. " After researching this issue, it is <br /> the opinion of this office that five affirmative votes are <br /> necessary to validate an action of the Planning Commission. <br /> Under the common law, a majority of a body such as a <br /> board or commission constituted a quorum, and the vote of a <br /> majority of those present was sufficient for valid action <br /> by the body. Mann v . Key, 345 So . 2d 293 (Ala . 1977) ; <br /> Annot . 63 A.L.R. 3d 1072, 1077 . This has changed: <br /> "The applicability of such common-law rule has , <br /> however, been very generally limited, in more recent <br /> times, by statutes which establish specific bases upon <br /> which to calculate and determine the requisite <br /> majority. " 63 A.L.R. 3d 1072 , 1077 . <br /> Hawaii is one of the jurisdictions in which statutory law has <br /> changed the old rule. Section 92-15 of the Hawaii Revised <br /> Statutes provides as follows : <br /> "Boards and commissions ; guorum; number of votes • <br /> necessary to validate acts . Whenever the number of <br /> members necessary to validate any act, of. any board or <br /> commission of the state or of any political <br /> subdivision thereof, is not specified in the law or <br /> ordinance creating the same or in any other law or <br /> ordinance, a majority of all the members to which the <br /> board, or commission is entitled shall constitute a <br /> quorum to do business, and the concurrence of a <br /> majority of all the members to which a board or <br /> commission is entitled shall be necessary to make any <br /> action of the board or commission valid; . . . . <br /> HRS X92-15, as amended . [Emphasis supplied] . <br /> 717 <br /> 1 <br />