ex officio voting

Asked March 26, 2019, 5:32 PM EDT

Can a Township Board member who is the ex officio member on the Planning Commission vote on the same matter he voted on in the PC at the Board also?

Allegan County Michigan township zoning local county government

1 Response

Good Day,

I would recommend you consult your bylaws to determine if there is language that addresses this issue.

According to Robert’s Rules of Order in the Frequently Asked Questions Section :http://www.robertsrules.com/faq.html#2

Question 2:
Can ex-officio members vote, and are they counted in determining whether a quorum is present?

Answer:
“Ex officio” is a Latin term meaning “by virtue of office or position.” Ex-officio members of boards and committees, therefore, are persons who are members by virtue of some other office or position that they hold. For example, if the bylaws of an organization provide for a Committee on Finance consisting of the treasurer and three other members appointed by the president, the treasurer is said to be an ex-officio member of the finance committee, since he or she is automatically a member of that committee by virtue of the fact that he or she holds the office of treasurer.

Without exception, ex-officio members of boards and committees have exactly the same rights and privileges as do all other members, including, of course, the right to vote. There are, however, two instances in which ex-officio members are not counted in determining the number required for a quorum or in determining whether or not a quorum is present. These two instances are:

1. In the case of the president, whenever the bylaws provide that the president shall be an ex-officio member of all committees (or of all committees with certain stated exceptions); and

2. When the ex-officio member of the board or committee is neither an ex-officio officer of the board or committee nor a member, employee, or elected or appointed officer of the society (for example, when the governor of a state is made ex officio a member of a private college board).

Again, however, it should be emphasized that in these instances the ex-officio member still has all of the rights and privileges of membership, including the right to vote. [RONR(11th ed.), pp. 483-84; p. 497, ll. 20-29.]

Please check your bylaws and send me an update regarding whether your bylaws addresses this issue or not.

Thank You for the question.

Have a Wonderful day,