lptwigg Posted January 27, 2012 at 01:35 AM Report Share Posted January 27, 2012 at 01:35 AM Hi all.An officer of our organization resigned today. He stated in his letter that it was effective 5 days in the future. The president is concerned that he future dated it, and will continue to have access to organizational resources in the interim.Does a resignation have to be immediate, or can it be future dated?Thanks. Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2012 at 01:45 AM Report Share Posted January 27, 2012 at 01:45 AM Does a resignation have to be immediate, or can it be future dated?Nothing in RONR prohibits a resignation from having an effective date in the future, although it should be noted that a resignation is also not effective until it is accepted by the body with the authority to fill the vacancy, so I doubt that the effective date will make much difference in this case. Link to comment Share on other sites More sharing options...
Chris Harrison Posted January 27, 2012 at 01:55 AM Report Share Posted January 27, 2012 at 01:55 AM Nothing in RONR prohibits a resignation from having an effective date in the future, although it should be noted that a resignation is also not effective until it is accepted by the body with the authority to fill the vacancy, so I doubt that the effective date will make much difference in this case.Let's say that the organization will meet tomorrow and vote on the resignation. Would they have the authority to amend the 5 days to immediately so when accepted the officer would have no further access to records? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2012 at 02:15 AM Report Share Posted January 27, 2012 at 02:15 AM Let's say that the organization will meet tomorrow and vote on the resignation. Would they have the authority to amend the 5 days to immediately so when accepted the officer would have no further access to records?No. A resignation is a voluntary act, so it could not be amended so as to force the member to resign earlier. I also see no reason why the officer should not continue to have access to records during his last five days in office. Link to comment Share on other sites More sharing options...
Rev Ed Posted January 27, 2012 at 02:31 AM Report Share Posted January 27, 2012 at 02:31 AM Depending on the wording of the By-laws, if the meeting was held tomorrow and the resignation was accepted then the Officer's rights could also be suspended for the last four days. Link to comment Share on other sites More sharing options...
lptwigg Posted January 27, 2012 at 03:10 AM Author Report Share Posted January 27, 2012 at 03:10 AM Thanks so much Josh, Chris and Rev Ed!! This helps me a lot! Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2012 at 03:18 AM Report Share Posted January 27, 2012 at 03:18 AM Thanks so much Josh, Chris and Rev Ed!! This helps me a lot!Well, if you're going to go with what Rev Ed said, please read FAQ #20 for more information on what he meant by "depending on the wording of the Bylaws." Link to comment Share on other sites More sharing options...
lptwigg Posted January 27, 2012 at 04:38 AM Author Report Share Posted January 27, 2012 at 04:38 AM Well, if you're going to go with what Rev Ed said, please read FAQ #20 for more information on what he meant by "depending on the wording of the Bylaws."We have set procedures in our bylaws for removal, but this a voluntary resignation over differences.Our Board meets 4 times per year, the next meeting will be in March. Our bylaws state that the resignation must be accepted by the Board. So, I guess this means he serves until then, but he does not want to...... not sure what to do? Link to comment Share on other sites More sharing options...
Josh Martin Posted January 27, 2012 at 04:46 AM Report Share Posted January 27, 2012 at 04:46 AM So, I guess this means he serves until then, but he does not want to...... not sure what to do?Well, it means you're going to have a dead-weight officer for a while. Link to comment Share on other sites More sharing options...
lptwigg Posted January 27, 2012 at 04:53 AM Author Report Share Posted January 27, 2012 at 04:53 AM Well, it means you're going to have a dead-weight officer for a while. Great - can you tell the president? LOL..... I hate to be the bearer of bad news. Link to comment Share on other sites More sharing options...
Rev Ed Posted January 27, 2012 at 04:49 PM Report Share Posted January 27, 2012 at 04:49 PM Well, if you're going to go with what Rev Ed said, please read FAQ #20 for more information on what he meant by "depending on the wording of the Bylaws."Thanks for the additional information Josh. But yes, if the assembly wants to accept the resignation but does not want the individual to retain certain (or any) rights, then disciplinary actions have to take place in order to suspend those rights. Link to comment Share on other sites More sharing options...
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