Do governing body members have an obligation to vote on all matters that come before the body?
Unless governing body members have a
conflict of interest on a particular agenda item, they should
participate in the deliberations and vote on the matter. This obligation
stems from their oath of office, which requires governing body members
to "faithfully discharge the duties of the office," which arguably
includes voting.
However, state law does not limit the
circumstances under which a governing body member may voluntarily
abstain from voting. Governing body members are free to abstain due to
perceived conflicts of interest or for no reason at all. Municipalities
should not require governing body members to vote on every matter before
the governing body. Likewise, municipalities should not require that
governing body members cite specific reasons for declining to vote. A
Madison ordinance requiring council members to vote on each matter
before the council unless excused was ruled to be an unconstitutional
infringement on the First Amendment rights of governing body members to
remain silent. See
Wrzeski v. City of Madison, 558 F. Supp. 664 (W.D. Wis. 1983).