resignation

[Chubner]

The night before elections one of our board members resigned and it was announced to the membership that he had done that. I have two questions: 1. can nominations be taken before the rest of the board has a chance to meet and vote on accepting the resignation? 2. if a member wants to resign why does the remaining board have to vote to accept it? what happens of the board does not accept it?

thank you for your help

chris

[jstackpo]

Presumably the membership, from what you say, votes on board membership. And since it is only the night before, there is little point in filling the vacancy for less than 24 hours. So the membership, at the election meeting, can accept the vacancy and then continue the election with one "extra" slot to fill.

[hmtcastle]

if a member wants to resign why does the remaining board have to vote to accept it?

The board doesn't. The board didn't elect him so it's not up to the board to accept, or reject, his resignation.

[Kim Goldsworthy]

What happens of the board does not accept [the resignation]?

That's easy. You already know the answer.

If the proper body for resignations receives a resignation, and either (a.) take no action of any kind; or (b.) votes DOWN the resignation; then Mr. Quits remains in his office for the remainder of his defined term of office.

But you already knew this.

[Josh Martin]

This seems like an odd question since you say it is the night before elections - does your organization have staggered terms for board members, perhaps, and this board member's term has not yet expired? Otherwise the resignation would mean little as his term would end before the vacancy could be filled (likely even before the resignation could be accepted).

1. can nominations be taken before the rest of the board has a chance to meet and vote on accepting the resignation?

Well, the proper body to accept the resignation is the body empowered to fill the vacancies. This is the general membership unless your Bylaws provide otherwise.

So there shouldn't be a situation where one body accepts the resignation and one fills the vacancy.

2. if a member wants to resign why does the remaining board have to vote to accept it?

First off, the proper body may not be the board. The reason the resignation must be accepted is that when a member is elected, the member accepts the duty serving in the office and to resign, he must be excused from that duty. (RONR, 10th ed., pg. 279, lines 10-20)

what happens of the board does not accept it?

The member continues serving. As a practical matter, however, you can't really force someone to serve against his will - you'll end up with a do-nothing officer. Therefore, the primary reason for refusing to accept a resignation is if the organization wishes to take disciplinary action against the board member, removing him from office rather than allowing a graceful resignation. This prevents board members guilty of some misdeed from escaping their fate. If the assembly has no desire to take disciplinary action, there is little purpose in denying a request to resign.