Manner of Acting and Quorum. Provided there is a quorum present at the meeting, and except as specified elsewhere herein, the Governing Board shall act by vote of a majority of the Representatives present at the time of the vote. Unless altered by the Governing Board in accordance with this Agreement, each member municipality and county shall be entitled to select one Representative whose vote shall be equal in weight to the Representative of any other member municipality and county, except as expressly set forth in the succeeding paragraphs. Representatives may participate in meetings remotely in accordance with the regulations of the Office of the Attorney General governing remote participation, 940 C.M.R. 29.10. A quorum shall be deemed present if the combined population of the towns whose Representatives are present at a meeting is at least equal to 50% of the combined population of all of the member municipalities of the Compact; and provided further, that at least one Representative from one of the Towns in Xxxxx County or Xxxxx County and at least two-thirds of the Representatives for Barnstable County and the member municipalities of Barnstable County are physically present or participating remotely in accordance with 940 C.M.R. 29.10. In accordance with 940 C.M.R. 29.10 and the Open Meeting Law, M.G.L. c. 30A, §§ 18-25, a simple majority of the members of the public body must be physically present. While a quorum is present, unless another provision is made by law, this Agreement or by the Compact’s own rules, all business shall be determined by a majority vote of all participating members. Notwithstanding the foregoing, any vote involving a matter concerning issues which would or could bear in a direct and material fashion on the financial interests of the member municipalities shall be taken by a weighted vote in which the vote of each Representative shall be weighted in the same proportion as the population of the municipality such Representative represents bears to the whole population of the member municipalities of the Compact, such population as determined, in the case of Barnstable County, by the most recent federal census, or decennial census, and, in the case of Xxxxx County, by the most recent data available from the Martha’s Vineyard Commission. In case of a dispute as to whether a vote shall be taken on a weighted basis as set forth in this paragraph or on a one town, one vote basis as set forth in the preceding paragraph of this subsection, the determination shall be made by weighted vote as set forth herein. In taking any vote required to be taken by weighted vote hereunder, the votes of Barnstable County and Xxxxx County shall be tabulated last, with each county’s Representative having one equal vote, and the vote of said counties may break a tie; otherwise the counties’ votes shall not be accorded any percentage weight but shall be recorded nonetheless.
Appears in 1 contract
Samples: Inter Governmental Agreement
Manner of Acting and Quorum. Provided there is a quorum present at the meeting, and except as specified elsewhere herein, the The Governing Board shall act by vote of a majority of the Representatives Directors of the Municipal Members present and voting at the time of the vote. Unless altered by the Governing Board in accordance with this Agreement, each member municipality and county Municipal Member shall be entitled to select one Representative (1) Director whose vote shall be equal in weight to the Representative Director of any other member municipality and countyMunicipal Member, except as expressly set forth in the succeeding paragraphs. Representatives Directors may participate in meetings remotely in accordance with the regulations of the Office of the Attorney General governing remote participation, 940 C.M.R. 29.10. A quorum shall be deemed present if the combined population of the towns whose Representatives are present at a meeting is at least equal to 50% of the combined population of all of the member municipalities of the Compact; and provided further, that at least one Representative from one of the Towns in Xxxxx County or Xxxxx County and at least two-thirds of the Representatives for Barnstable County and the member municipalities of Barnstable County are physically present or participating remotely in accordance with 940 C.M.R. 29.10. In accordance with 940 C.M.R. 29.10 and the Open Meeting Law, M.G.L. c. X.X. x. 30A, §§ 18-25, a simple majority of the members Directors of the public body Municipal Members must be physically presentpresent to attain a quorum. County Representatives shall not count towards a quorum as they have limited participation rights. Directors abstaining from voting shall be counted for meeting quorum purposes, but their votes shall not count with respect to the matters they abstain from voting on. By way of example, if ten (10) Directors from the Municipal Members are present and four (4) abstain from voting, and the remaining Directors split their votes four (4) in favor, two (2) against, the motion would pass. Original Joint Powers Agreement Please refer to updated document While a quorum is present, unless another provision is made by law, this Agreement or by the CompactCape Light Compact JPE’s own rules, all business shall be determined by a majority vote of all participating membersthe Directors of the Municipal Members then present and voting. Notwithstanding the foregoing, any vote involving a matter concerning issues which would or could bear in a direct and material fashion on the financial interests of the member municipalities Municipal Members shall be taken by a weighted vote in which the vote of each Representative Director shall be weighted in the same proportion as the population of the municipality Municipal Member such Representative Director represents bears to the whole population of the member municipalities Municipal Members of the CompactCape Light Compact JPE, such population as determined, in the case of Barnstable County, by the most recent federal census, or decennial census, and, in the case of Xxxxx County, by the most recent data available from the Martha’s Vineyard Commission. In case of a dispute as to whether a vote shall be taken on a weighted basis as set forth in this paragraph or on a one (1) town, one (1) vote basis as set forth in the preceding paragraph of this subsection, the determination shall be made by weighted vote as set forth herein. In taking any vote required to be taken by weighted vote hereunder, Exhibit B sets forth the votes of Barnstable County and Xxxxx County shall be tabulated last, with population for each county’s Representative having one equal voteMunicipal Member, and the provides an example of a vote of said counties may break a tie; otherwise the counties’ votes shall not be accorded any percentage weight but shall be recorded nonethelesstaken in accordance with weighted voting procedures.
Appears in 1 contract
Samples: Joint Powers Agreement
Manner of Acting and Quorum. Provided there is a quorum present at the meeting, and except as specified elsewhere herein, the The Governing Board shall act by vote of a majority of the Representatives Directors of the Municipal Members present and voting at the time of the vote. Unless altered by the Governing Board in accordance with this Agreement, each member municipality and county Municipal Member shall be entitled to select one Representative (1) Director whose vote shall be equal in weight to the Representative Director of any other member municipality and countyMunicipal Member, except as expressly set forth in the succeeding paragraphs. Representatives Directors may participate in meetings remotely in accordance with the regulations of the Office of the Attorney General governing remote participation, 940 C.M.R. 29.10. A quorum shall be deemed present if the combined population of the towns whose Representatives are present at a meeting is at least equal to 50% of the combined population of all of the member municipalities of the Compact; and provided further, that at least one Representative from one of the Towns in Xxxxx County or Xxxxx County and at least two-thirds of the Representatives for Barnstable County and the member municipalities of Barnstable County are physically present or participating remotely in accordance with 940 C.M.R. 29.10. In accordance with 940 C.M.R. 29.10 and the Open Meeting Law, M.G.L. c. X.X. x. 30A, §§ 18-25, a simple majority of the members Directors of the public body Municipal Members must be physically presentpresent to attain a quorum. County Representatives shall not count towards a quorum as they have limited participation rights. Directors abstaining from voting shall be counted for meeting quorum purposes, but their votes shall not count with respect to the matters they abstain from voting on. By way of example, if ten (10) Directors from the Municipal Members are present and four (4) abstain from voting, and the remaining Directors split their votes four (4) in favor, two (2) against, the motion would pass. While a quorum is present, unless another provision is made by law, this Agreement or by the CompactCape Light Compact JPE’s own rules, all business shall be determined by a majority vote of all participating membersthe Directors of the Municipal Members then present and voting. Notwithstanding the foregoing, any vote involving a matter concerning issues which would or could bear in a direct and material fashion on the financial interests of the member municipalities Municipal Members shall be taken by a weighted vote in which the vote of each Representative Director shall be weighted in the same proportion as the population of the municipality Municipal Member such Representative Director represents bears to the whole population of the member municipalities Municipal Members of the CompactCape Light Compact JPE, such population as determined, in the case of Barnstable County, by the most recent federal census, or decennial census, and, in the case of Xxxxx County, by the most recent data available from the Martha’s Vineyard Commission. In case of a dispute as to whether a vote shall be taken on a weighted basis as set forth in this paragraph or on a one (1) town, one (1) vote basis as set forth in the preceding paragraph of this subsection, the determination shall be made by weighted vote as set forth herein. In taking any vote required to be taken by weighted vote hereunder, Exhibit B sets forth the votes of Barnstable County and Xxxxx County shall be tabulated last, with population for each county’s Representative having one equal voteMunicipal Member, and the provides an example of a vote of said counties may break a tie; otherwise the counties’ votes shall not be accorded any percentage weight but shall be recorded nonethelesstaken in accordance with weighted voting procedures.
Appears in 1 contract
Samples: Joint Powers Agreement
Manner of Acting and Quorum. Provided there is a quorum present at the meeting, and except as specified elsewhere herein, the The Governing Board shall act by vote of a majority of the Representatives Directors of the Municipal Members present and voting at the time of the vote. Unless altered by the Governing Board in accordance with this Agreement, each member municipality and county Municipal Member shall be entitled to select one Representative (1) Director whose vote shall be equal in weight to the Representative Director of any other member municipality and countyMunicipal Member, except as expressly set forth in the succeeding paragraphs. Representatives Directors may participate in meetings remotely in accordance with the regulations of the Office of the Attorney General governing remote participation, 940 C.M.R. 29.10. A quorum shall be deemed present if the combined population of the towns whose Representatives are present at a meeting is at least equal to 50% of the combined population of all of the member municipalities of the Compact; and provided further, that at least one Representative from one of the Towns in Xxxxx County or Xxxxx County and at least two-thirds of the Representatives for Barnstable County and the member municipalities of Barnstable County are physically present or participating remotely in accordance with 940 C.M.R. 29.10. In accordance with 940 C.M.R. 29.10 and the Open Meeting Law, M.G.L. c. X.X. x. 30A, §§ §18-25, a simple majority of the members Directors of the public body Municipal Members must be physically presentpresent to attain a quorum. County Representatives shall not count towards a quorum as they have limited participation rights. Directors abstaining from voting shall be counted for meeting quorum purposes, but their votes shall not count with respect to the matters they abstain from voting on. By way of example, if ten (10) Directors from the Municipal Members are present and four (4) abstain from voting, and the remaining Directors split their votes four (4) in favor, two (2) against, the motion would pass. While a quorum is present, unless another provision is made by law, this Agreement or by the CompactCape Light Compact JPE’s own rules, all business shall be determined by a majority vote of all participating membersthe Directors of the Municipal Members then present and voting. Notwithstanding the foregoing, any vote involving a matter concerning issues which would or could bear in a direct and material fashion on the financial interests of the member municipalities Municipal Members shall be taken by a weighted vote in which the vote of each Representative Director shall be weighted in the same proportion as the population of the municipality Municipal Member such Representative Director represents bears to the whole population of the member municipalities Municipal Members of the CompactCape Light Compact JPE, such population as determined, in the case of Barnstable County, by the most recent federal census, or decennial census, and, in the case of Xxxxx County, by the most recent data available from the Martha’s Vineyard Commission. In case of a dispute as to whether a vote shall be taken on a weighted basis as set forth in this paragraph or on a one (1) town, one (1) vote basis as set forth in the preceding paragraph of this subsection, the determination shall be made by weighted vote as set forth herein. In taking any vote required to be taken by weighted vote hereunder, Exhibit B sets forth the votes of Barnstable County and Xxxxx County shall be tabulated last, with population for each county’s Representative having one equal voteMunicipal Member, and the provides an example of a vote of said counties may break a tie; otherwise the counties’ votes shall not be accorded any percentage weight but shall be recorded nonethelesstaken in accordance with weighted voting procedures.
Appears in 1 contract
Samples: Joint Powers Agreement