PART II. BOARDS:  QUORUM; GENERAL POWERS

 

Note

 

  The sections of this part are renumbered to eliminateduplication 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 membersnecessary to constitute a quorum to do business, or the number of membersnecessary to validate any act, of any board or commission of the State or ofany political subdivision thereof, is not specified in the law or ordinancecreating the same or in any other law or ordinance, a majority of all themembers to which the board or commission is entitled shall constitute a quorumto do business, and the concurrence of a majority of all the members to whichthe board or commission is entitled shall be necessary to make any action ofthe board or commission valid; provided that due notice shall have been givento all members of the board or commission or a bona fide attempt shall havebeen made to give the notice to all members to whom it was reasonablypracticable to give the notice.  This section shall not invalidate any act ofany board or commission performed prior to April 20, 1937, which, under thegeneral law then in effect, would otherwise be valid. [L 1937, c 40, §1; RL1945, §482; RL 1955, §7-26; HRS §92-11; ren §92-15]

 

Attorney General Opinions

 

  "Concurrence" means affirmative vote, notabstention.  Att. Gen. Op. 85-11.

 

Case Notes

 

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