(c) Quorum. A quorum of the Council shall be any twelve voting Council members. The vote of a majority of members present at a meeting at which there is a quorum shall constitute the act of the Council; Provided, That:
(1) Actions of the Council with respect to the following issues shall require a two-thirds (12 members) concurring vote of the Council:
- (i) Establishment of or changes to by-laws;
- (ii) Appointment or administrative issues relating to the program's manager or chief executive officer;
- (iii) Budget;
- (iv) Assessments;
- (v) Compliance and audits;
- (vi) Reestablishment of regions and reapportionment or reallocation of Council membership;
- (vii) Modifying definitions of grower and sheller;
- (viii) Research or promotion activities under § 986.68;
- (ix) Grade, quality and size regulation under § 986.69(a)(1) and (2);
- (x) Pack and container regulation under § 986.69(a)(3); and,
- (2) Actions of the Council with respect to the securing of commercial bank loans for the purpose of financing start-up costs of the Council and its activities or securing financial assistance in emergency situations shall require a unanimous vote of all members present at an in-person meeting; Provided, That in the event of an emergency that warrants immediate attention sooner than a face-to-face meeting is possible, a vote for financing may be taken. In such event, the Council's first preference is a videoconference and second preference is phone conference, both followed by written confirmation of the members attending the meeting.