People v. Bertrand

Settlement agreement, to which Defendant School Board member was a party, was not properly approved by School Board, because although there was a quorum of two Board members present, Defendant abstained from voting, and one vote out of quorum of two persons is not a majority, and thus agreement was void for lack of valid majority vote. Defendant's abstention cannot be counted as a "yea" vote, as he had a financial interest in agreement and was required to abstain per Public Officer Prohibited Activities Act. Citizen Participation Act is inapplicable, as its text and purpose do not support claimed right to be paid public funds without proper authorization of disbursing body. (GARCIA and LAMPKIN, concurring.)