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Subject: Reference a Town Board meeting with an equal number

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Reference a Town Board meeting with an equal number of board members present:

When the members of a town board are of an equal number (6) and there is an issue to vote on, and as the board votes thus yielding a tie vote, what is the proper way for that vote to be handled. In such a case, one board member resigned prior to the vote being taken thus yielding the even number of (6) board members.

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I see a board member resigned and this is impacting the decision before the board due to a tie. Here is what the law states:

31-15-201. Administrative powers

(1) The governing bodies in municipalities shall have the following general powers in relation to the administration of the municipality's affairs:

(a) To fill, by appointment, any vacancy occurring by death, removal, or resignation of any member of the governing body. Such appointee shall receive a majority vote of the remaining members of the governing body and shall hold his office only until the next regular election END

As you can see, the board has the power to appoint a temporary replacement board member. The language does not require they replace the member, but grants the power. The special election would be a viable option leaving you trying to lobby the board to use their option to appoint a temporary board member for the vote of the issue before the board.

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