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quorum if regular or substitute members participate therein who represent at least
one third (1/3) of the total appointed regular members and, in any case, no less than
three (3) regular or substitute members In three-member collective bodies, the
presence of all three (3) regular or substitute members is required for quorum.
The chairman determines the day, hour and place of meetings and mutes the regular
and substitute members to participate. The invitation, which includes the agenda, is
forwarded by the secretary to the members of the collective body at least forty eight
(48) hours before the meeting. The members may also be invited by telephone,
telegram, fax or other suitable medium, if this fact is proved by a relevant note in a
special book, which should include the date and signature of the person who made
the invitation. This time limit may, in case of emergency, be shortened but, in this
case, the invitation should be in writing and the reasons for the shortening should
be certified therein. No invitation of the members of the collective body is required
when the meetings are held at regular dates determined by resolution thereof,
notified to its members. No invitation is required when a member has stated, before
the meeting, an impediment for his/her participation therein or if this impediment is
known to the chairman of the collective body.
The substitute members are invited to replace absent members or members in
impediment of the same category, unless their appointment has not been made in
such equivalence.
If, during the meeting, a regular member who was not invited is absent, the meeting
is illegal. The same is applicable even if. instead of that member, the respective
substitute member had participated therein. If there have been irregularities in the
invitation of a member, the collective body may hold a lawful meeting if such
member is present and does not oppose to the holding of the meeting.
The legality of composition of the collective body is not affected by any alternation
of the participating members in successive meetings.
Members of a collective body who are spouses or connected between them by
kinship of up to the fourth degree by blood or affinity, cannot participate in the
same meeting.
The convocation of a meeting of the collective body is compulsory if at least one
third (1/3) of its total regular members so requests in writing by the chairman, the
request should also determine the issue to be discussed.
The agenda is drawn up by the chairman who takes into account views that may
have been expressed by members of the collective body.
The subject of the meeting is only the issues of the agenda. Exceptionally, issues
that are not included in the agenda may be discussed if all regular members are
present and agree to the discussion.
Meetings are confidential unless the law stipulates otherwise. The presence during
the meeting of persons other than the members and the secretary or any specifically
persons appointed by law, is prohibited. However, the collective body may invite
service or other persons, for the provision of information or submission of
particulars, who should leave before the commencement of the meeting.
When the law provides for a public meeting of the collective body, the place and
time of the meeting are announced in a timely and suitable manner and, in any case,
at least forty eight (48) hours before the meeting, so that the interested parties may
come and attend the meeting. The observance of publicity should be certified in the
relevant minutes.
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