STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5808

October 30, 1980

SCHOOLS AND SCHOOL DISTRICTS:

Action by a majority of the members elected to a board of education

A board of education may only take action by a majority vote of the members elected to and serving on the board.

Honorable Robert D. Young

State Senate

Box 30036

Lansing, Michigan 48909

You have requested my opinion whether a board of education may take action by a majority vote of a quorum of board members present at a board of education meeting.

The general rule of law, in the absence of some express statutory provision to the contrary, is that a majority of a quorum may take any action that is within the power of the public body. See OAG, 1977-1978, No 5238, p 261 (November 2, 1977). However, in the School Code of 1976, 1976 PA 451, Sec. 1201(1); MCLA 380.1201(1); MSA 15.41201(1), the Legislature has provided:

This statutory provision expressly requires that a board of education may act only by a majority vote of its members elected to and serving on the board. OAG, 1979-1980, No 5738, p 870 (July 14, 1980).

It is, therefore, my opinion that a board of education may only take action by a majority vote of the members elected to and serving on the board. A board of education may not take action by a mere majority vote of a quorum of board members present at a meeting of the board of education.

Frank J. Kelley