Quorum Policy 2341

Quorum Policy 2341

Purpose

The Eastern North Carolina School for the Deaf (ENCSD) Board of Trustees recognizes the importance of establishing and maintaining a quorum to conduct official Board business lawfully and effectively.  This policy sets forth expectations regarding quorum requirements to ensure that Board actions are valid, transparent, and compliant with North Carolina law, while supporting orderly governance and informed decision making.

I. Policy Statement

The Board of Trustees shall conduct official business only when a quorum is present, as required by applicable North Carolina law and the Board of Trustees’ bylaws. Actions taken without a quorum shall have no legal effect unless subsequently ratified in accordance with law and Board procedures.

II. Definition of Quorum

For purposes of this policy, a quorum shall consist of a majority of the voting members of the Board of Trustees, unless otherwise specified by law.

Board members participating by means permitted by law, and Board procedures shall be counted toward the quorum.

III. Determination and Maintenance of a Quorum

The presence of a quorum shall be established at the beginning of each meeting and shall be maintained throughout the meeting in order for the Board to take official action.

If at any time a quorum is no longer present, the Board of Trustees shall take no further official action until a quorum is reestablished.

IV. Actions When a Quorum is Not Present

In the absence of a quorum, the Board of Trustees may:

  • Receive information or updates, provided no official action is taken.
  • Recess or adjourn the meeting.
  • Schedule or reschedule business for a future meeting when a quorum is expected.

V. Accessibility and Effective Communication

ENCSD shall ensure that Board meetings and related communications are accessible to Deaf and hard of hearing individuals and other persons with disabilities.

This includes, as appropriate:

  • Provision of qualified interpreters, captioning, or other auxiliary aids and services
  • Use of accessible and plain-language meeting materials
  • Accessible meeting locations and virtual participation options when available
  • Advance notice of meetings and agendas in accessible formats

Requests for accommodations shall be handled in accordance with applicable law and ENCSD procedures.

VI. Legal Compliance and Due Process

Quorum requirements shall be applied in compliance with all applicable federal and state laws, including the North Carolina Open Meetings Law.

This policy shall not be interpreted to limit rights or remedies available under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, or other applicable laws.

The Board of Trustees shall avoid actions that could compromise the legality or validity of Board decisions due to the absence of a quorum.

Legal References

  • North Carolina General Statutes §§ 143-318.9 through 143-318.18 (Open Meetings Law)
  • North Carolina General Statutes § 115C-142 (Governance of the Eastern North Carolina School for the Deaf)
  • Americans with Disabilities Act (ADA), 42 U.S.C. § 12101 et seq.
  • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794
Policy