2020 Law Enables Council To Meet Without A Traditional Quorum

On Tuesday, with only two Kimball City Council members present along with the mayor, a law enacted in 2020 was used for the council to conduct an official meeting, according to city attorney Matt Turman.

Turman explained how and why a meeting could still be conducted even though two members were absent and a quorum technically did not exist.

In 2020, LB1003 changed the quorum requirements for second-class cities. The League of Municipalities lobbied the Unicameral for the new statute because a town in the eastern part of the state had two resignations and could not conduct business or pay bills because they did not have a quorum.

Now a meeting can still be held if there are two council members and the mayor. The mayor then becomes a voting member. The statute is 17-105 and 17-110.

According to 17-105, “When the city council consists of four members as established by ordinance or home rule charter, the mayor shall be deemed a member of the city council for purposes of establishing a quorum when the mayor’s presence is necessary to establish the quorum. Unless a greater vote is required by law, an affirmative vote of at least one-half of the elected members shall be required to transact any business.”