by the Government of New Jersey

Summary

by the Government of New Jersey Matawan Regional Teachers Ass'n v… (1988)

We reject the argument that the Legislature has merely established a minimum number of affirmative votes necessary for local board action, which the board may increase in its bylaws to assure a broader consensus. Depriving the majority of its authority and responsibility to govern in favor of a broader consensus carries the risk of inaction where action is warranted. There may be actions which should be taken with the affirmative votes of an enhanced majority because of their overwhelming importance or because they constitute a departure from the norm.
Source: Wikisource

by the Government of New Jersey Matawan Regional Teachers Ass'n v… (1988)

When the charter of a municipal corporation or a general law of the state does not provide to the contrary, a majority of the board of aldermen constitute a quorum, and the vote of a majority of those present, there being a quorum, is all that is required for the adoption or passage of a motion or the doing of any other act the board has power to do.
Source: Wikisource

by the Government of New Jersey Matawan Regional Teachers Ass'n v… (1988)

In upholding the bylaws and setting aside the ordinance the court said,
[I] t is evident that if they can be rendered nugatory by the suspension of a mere rule of order, the by-laws are little more than a suggestion instead of being, as they should be, a set of regulations for the transaction of public business by a public body, on which regulations the public itself has a right to rely. The more radical proposition is also advanced that, as the vote was unanimous to suspend the by-law and pass the ordinance, no one can be heard to complain.
Source: Wikisource

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