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4.3.8 Board members must be present at a meeting to vote and may not vote by <br />proxy, provided that, if provided for in the bylaws, a member may participate in <br />Board meetings and may vote on Board issues via telephone or other electronic <br />voice communication. <br />4.3.9 The Board of Directors shall comply with applicable requirements of the <br />Washington State Open Public Meetings Act, Chapter 42.30 RCW. <br />4.3.10 An alternate attending Board of Directors meetings on behalf of a regular <br />member of the Board shall be considered to be a member for purposes of that <br />meeting and entitled to exercise all rights of the member to participate in such <br />meetings, including participating in discussion, making motions, and voting on <br />matters coming before the Board. <br />4.3.11 Notwithstanding any other provision in this Agreement, the Board of <br />Directors may take action by three affirmative votes when each of the following <br />conditions is met: (1) a matter has been identified for action in the notice or <br />proposed agenda for at least two meetings in a row, and (2) both meetings were <br />regularly scheduled meetings or properly notified and scheduled special meetings <br />in accordance with the bylaws and RCW 42.30, and (3) the same voting member <br />failed to attend both meetings and failed to send an alternate. In this event, for this <br />one action item only, a quorum of the Board of Directors will consist of three <br />members. <br />4.4 Board of Directors Actions <br />The PSERN Operator, through its Board of Directors, shall have all powers allowed by <br />law for interlocal agencies created under RCW 39.34.030 and chapter 24.06 RCW, as <br />they now exist or may hereafter be amended, and as authorized, amended, or removed <br />by the Board of Directors, as provided for in this Agreement, and including but not limited <br />to the following: <br />a. Amend this Agreement, subject to Section 15.13; <br />b. Establish committees and advisory groups to perform activities related to the <br />PSERN System; <br />c. Adopt and amend budgets and approve expenditures; <br />d. Adopt and amend policies and bylaws for the administration and regulation of <br />the PSERN Operator; <br />e. Adopt and amend purchasing and contracting policies consistent with state <br />law; <br />f. Direct and supervise the activities of the Operating Board; <br />g. Direct the activities of the Executive Director; <br />Page 8 <br />