In this case, from the facts presented, the District is able to conduct the meeting under the Open Meetings Law (re: in person quorum, notice, etc.). Therefore, the exception does not apply. However, the member who cannot attend may be allowed to attend and even participate in discussion during the meeting virtually, but they may not vote or count towards a quorum.

A.2. A walking quorum is a meeting of a public body in which some members leave the meeting and different members enter the meeting, precluding the physical presence of a quorum at any one time, but resulting in an actual quorum over the course of the discussion.

Walking quorums, whether ones in which members of the body come and go, or in which absent members are contacted during the meeting so as to prevent a physical quorum of the body, are not allowed and violate prohibitions against circumventing the intent of Louisiana’s Open Meetings Law.

A walking quorum can also occur via email or other electronic means where there are conversations with a quorum of the public body through multiple smaller conversations of less than a quorum. The AG has stated that walking quorums are “unlawful because while no conversation occurred with an actual quorum physically present at a single location, a quorum effectively participates in the discussion of the issue” without the public having the benefit of observing the discussion. AG Op. No. 19-0128.