PART II.  BOARDS:  QUORUM; GENERAL POWERS

Note

  The sections of this part are renumbered to eliminate duplication of the section numbers in Part I, as enacted by L 1975, c 166.

     [§92-15]  Boards and commissions; quorum; number of votes necessary to validate acts.  Whenever the number of members necessary to constitute a quorum to do business, or the number of members necessary to validate any act, of any board or commission of the State or of any political subdivision thereof, is not specified in the law or ordinance creating the same or in any other law or ordinance, a majority of all the members to which the board or commission is entitled shall constitute a quorum to do business, and the concurrence of a majority of all the members to which the board or commission is entitled shall be necessary to make any action of the board or commission valid; provided that due notice shall have been given to all members of the board or commission or a bona fide attempt shall have been made to give the notice to all members to whom it was reasonably practicable to give the notice.  This section shall not invalidate any act of any board or commission performed prior to April 20, 1937, which, under the general law then in effect, would otherwise be valid. [L 1937, c 40, §1; RL 1945, §482; RL 1955, §7-26; HRS §92-11; ren §92-15]

Attorney General Opinions

  "Concurrence" means affirmative vote, not abstention.  Att. Gen. Op. 85-11.

Case Notes

  Where the required majority exists without the vote of the disqualified member, disqualified member's participation will not invalidate the result.  63 H. 222, 624 P.2d 1353.