Montgomery ADD Quorum: Legal Opinions on Validity

**Quorum Controversy Resolved for Montgomery County Ag Board, Validating Past Decisions**

**CONROE, TX** – A weeks-long legal quandary over the definition of a quorum for Montgomery County’s Agricultural Development District (ADD) has concluded, bringing much-needed clarity to the board responsible for distributing crucial agricultural grants. Conflicting legal opinions from the County Attorney and the District Attorney’s office had cast a shadow over past decisions, but a recent ruling from the District Attorney has largely validated the ADD’s previous actions.

The controversy ignited at the ADD’s November 14, 2023 meeting, forcing a halt to business after two board member resignations left the seven-member body with only three active members. The central question: what constitutes a quorum for official business when multiple seats are vacant? This discussion escalated to the Commissioners Court meeting on November 28, 2023, where elected officials voiced significant concerns.

On December 19, 2023, County Attorney B. D. Sadler issued an opinion asserting that a quorum must be based on the full number of *appointed* members – meaning four out of seven – even if some seats are currently vacant. Under this interpretation, any ADD meetings held with only three members present after the resignations would be deemed invalid, potentially jeopardizing grants and other official actions taken during that period. Sadler’s reasoning highlighted that vacant positions still counted towards the overall quorum requirement.

However, just two days later, on December 21, 2023, the District Attorney’s office, represented by First Assistant District Attorney Mike Shirley and District Attorney Brett Ligon, offered a differing and ultimately decisive view. Their opinion stated that a quorum should be based on the number of *seated* members, meaning a majority of the *currently serving* board members, provided that this number is not less than a majority of the total seven-member board. This interpretation critically allowed for the validation of those past meetings where only three members were present. The key distinction lay in whether “vacant” seats, awaiting new appointments, still counted towards the quorum calculation in the same way as officially appointed, but absent, members.

The Montgomery County Agricultural Development District plays a vital role in supporting the local agricultural community, which contributes significantly to the county’s economy and heritage. Often funded through dedicated revenue streams like local sales tax, the ADD is responsible for evaluating and distributing grants to agricultural producers, educators, and related organizations, promoting sustainable practices and growth within the industry. The uncertainty surrounding its operational validity had raised concerns about the proper allocation of these public funds and the legal standing of any grants already awarded.

Commissioners Court members had expressed unease over the situation. Precinct 1 Commissioner Robert Walker and Precinct 2 Commissioner Charlie Riley were among those who voiced concerns about the validity of decisions made with a depleted board. Precinct 3 Commissioner James Noack specifically requested the District Attorney’s opinion, seeking definitive clarity on the requirements outlined in the Texas Agriculture Code for such county-level boards. County Judge Mark Keough underscored the imperative for proper procedure to maintain public trust and legal compliance.

With the District Attorney’s opinion now providing a clear legal framework, the ADD can move forward with renewed confidence in the legitimacy of its past actions and future decisions. While the immediate crisis of quorum definition has been resolved, the ADD still faces the task of filling its vacancies to restore its full complement of seven members.

The next ADD board meeting is scheduled for January 9, 2024, where members are expected to proceed with a clearer understanding of their operational parameters, ensuring that the critical work of supporting Montgomery County’s agricultural sector continues without further legal impediment. Public records, including Commissioners Court agendas and minutes, provide further details on the discussions and legal opinions related to this matter.