How can the Board of Supervisors proceed with litigation?

The Board of Supervisors can proceed with litigation by a 2/3 vote, which refers to the requirement that a supermajority of the members must agree to initiate such legal actions. This threshold is often set to ensure that a significant majority is in favor of the decision, reflecting a broader consensus among the board members. The rationale for this requirement typically stems from the implications of litigation, which can involve significant financial resources and impact the county's operations or reputation.

Other methods of decision-making like unanimous consent or majority vote may not provide the same level of assurance that a substantial agreement has been reached among the board members. A unanimous consent approach could lead to difficulties in practice, as it may be challenging to achieve total agreement. A majority vote, while simpler, does not require a strong consensus, which can be problematic when deciding on potentially contentious matters like litigation. The decision by the county council is also not a method for the Board of Supervisors to initiate litigation, as the council functions independently and has different roles and responsibilities.