Informal Opinion No.

Paul T. Kellar, Esq. Town Attorney, Gardiner

You have requested an opinion of the Attorney General as to the voting requirements for a town planning board. You have asked what vote is necessary to take action with regard to a planning board with seven authorized members, where two members are absent and two others abstain.

Whenever three of more public officers exercise any power, a majority of the whole number of such officers constitutes a quorum and not less than a majority of the whole number may perform and exercise the power (General Construction Law, § 41). Under this provision, "whole…