Clarification of terms

[nomeansno]

What is the name of your state (only U.S. law)? Colorado

I've been sitting in on a lot of board meetings lately and I just need some clarification on some government terms, and what they mean. We are a statutory town, so some of our laws do differ from State. For example, the State has term limits, we do not. We have such a sl population, and so few on the board that adding an additional hardship like term limits would make it very difficult to keep a full board so we have an ordinance to the contrary.

Is there such thing as a historical precedence? For example, last night at the Town Board meeting one person argued that a quorum has been considered three for the last 30 years.

Someone else said no, a quorum according to state law is 4. And state law overrides historical precedence?

Which one was right?

Another argument began when they were debating a quorum including the mayor. Our mayor only has voting rights in the event of a tie, and expenditure of money, or a contract. It was argued hat the mayor is not a voting member of the board and therefore does not count in a quorum.

Another said no, the mayor is still a board member even if they are non voting, and counts as part of a quorum. Three board members plus the mayor.

The last question was if we do have two seats empty on a board, then does the amount required for a quorum change? Is it based on occupied seats or on availalbe seats?

Since State law does not clarify and our ordinances are ague at best nobody seemed sure about these matters. What are your opinions?

 

[quincy]

Statutory towns and cities in Colorado are under the greater legal control of the Colorado state legislature. You could look to Title 31 of Colorado's Revised Statutes to see what the exact legal authority and limitations are of your statutory town.

It seems, from a very quick review of the matter, that state law would override any historical precedence in your town. But, Colorado state law also gives statutory towns considerable authority to make their own decisions on the local level. So, the Board meeting debate over this may continue for some time.

A quorom is, by definition, the number of members required for officially conducting business and casting binding votes. Empty seats would not count as members, as you need the actual members available to vote. The quorom or majority, then, would change as the number on the Board changes.

In Colorado statutory towns and cities, it appears there is usually an elected mayor and 4 to 6 additional elected members. Quoroms are often a majority of all elected members. The mayor generally has no vote unless there is a tie, but he may be required to vote when there is one vote lacking for a quorom. A quorom would be, then, at least as I see it, a minimum of 3 members and the acting chair.

Please wait for others to post, or you could contact the Colorado Municipal League for answers.

 

[nomeansno]

I've just never really been interested in politics, and since I've had to attend so many meetings subjects keep coming up that I don't understand. People throwing words around that I understand in theory but not in practice. I would just like to understand what people are talking about.

I am related to the mayor, but at the same time I am trying to remain an observer and understand what is going on with regard to the law and the facts, not form an opinion based on prior relationships good or bad.

I would like to thank you quincy, I've been reading your replies for a long time now. I also have a strong interest in the law, and your answers help me understand so much about so many topics. They are always very thorough and well spoken, I appreciate them greatly.