Forbis v. Fremont County School District No. 38

This appeal of an administrative board’s decision has an importance far beyond the right to continue to teach in Fremont County School District No. 38 as presented by Peggy D. Forbis. This court empirically determines the effect of an abstention from voting when a vote is called on a duly presented motion.1

This decision determines that an abstention automatically constitutes a negative vote on the pending issue; at least for governmental bodies for which a statute or rule requires the affirmative vote of the entire membership whether or not present, and, if present, whether or not voting.…