A consent agenda is a parliamentary procedure tool that allows boards to streamline the approval of routine, non-controversial items that typically do not need discussion or debate. The general idea is to save time by grouping self-explanatory items together and approving them in one motion, instead of handling each one individually. Common items on a consent agenda might include the approval of meeting minutes, routine financial reports, or staff appointments or resignations.
Before using a consent agenda, the board should adopt a policy that allows for the use of a consent agenda process. For OSBA policy subscribers, sample policy language appears in Policy BDDB, Agenda Format.
During the meeting, the board president should introduce the consent agenda and ask if any board member would like to remove an item from the consent agenda for separate discussion. If no one objects, the board president should call for a motion to approve the consent agenda as a whole. All items are then approved in one vote. If any member wishes to discuss an item, they can request that it be removed from the consent agenda. This request does not require a second or separate vote. If a board member requests that an item be removed from the consent agenda, it must be removed. The item is then moved to the regular agenda, where it is discussed and voted on separately.
In 2019, a lawsuit was filed against a public entity for their use of a consent agenda. The plaintiff in the case alleged that the public entity’s use of a consent agenda “constructively close[d] its public meetings and [was] an impermissible end run around the Open Meetings Act.” Ultimately, the Supreme Court of Ohio upheld a public entity’s ability to use a consent agenda, but reminded public entities to use them transparently and in accordance with the principles set forth in the Open Meetings Act.
Although the case did not outline specific steps public entities must follow to ensure compliance, public entities can enhance transparency by incorporating the following practices when using consent agendas:
- Create a consent agenda section of your meeting agenda. List each item that is slated for approval under this section and include the full text of any resolutions, reports or recommendations that are being considered.
- Announce the specific items to be voted on as part of the consent agenda before the board votes.
- Include the full text of any resolutions, reports or recommendations that have been adopted by consent agendas in meeting minutes.
If you have general questions about the use of consent agendas, please reach out to OSBA’s legal division or your district’s legal counsel.