Opinion Letter No. 99-74
Contents of letter
January 9, 1974
Honorable Robert T. Johnson
State Representative, 44th District
201 Noeleen Lane
Lee's Summit, Missouri 64063
Dear Representative Johnson:
This letter is in response to your question asking:
"If a member of the Lee's Summit Planning Commission orally abstains from voting on a motion, how is the vote to abstain to be considered?"
You also state that:
"The written by-laws of the Lee's Summit Planning Commission state that six members shall constitute a quorum and the number of votes necessary to pass a motion shall be a majority of those present but not less than five members. At a recent meeting of the Planning Commission seven members attended, thereby constituting a quorum. At this meeting a vote was taken on a motion and the following vote resulted -- three Ayes, two Nays and two oral abstentions. The chairman ruled that the two abstentions would be counted with the majority and by the addition of the two oral abstentions to the three Aye votes the motion carried."
Your question is answered by our Opinion No. 249, dated August 6, 1965, to Schechter, copy enclosed, in which we held that a member of the city council who is present has a duty to vote but, if he abstains, fails or refuses to vote he is considered as voting with the majority.
Thus, in our view, the ruling of the chairman was correct.
Very truly yours,
John C. Danforth
Attorney General