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Verbal Resignation


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The Treasurer present a verbal resignation to the Assembly. At the next meeting, the election of a new treasurer was on the agenda although he didn't sent a letter of resignation to the Executive Board as per Bylaw request. He (the treasurer) then confirm his willingness to retire from office at that meeting, during which the proper quorum was reached. And a motion was proposed, seconded and approved, whereby a new Treasurer was appointed by ordinary resolution (as per bylaw).

Now, the old Treasurer want to remain in office, stating that due to the fact he didn't gave a letter of resignation as per bylaw, He is still in charge.

What need to be done to confirm his resignation and keep the new treasurer?

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The Treasurer present a verbal resignation to the Assembly. At the next meeting, the election of a new treasurer was on the agenda although he didn't sent a letter of resignation to the Executive Board as per Bylaw request. He (the treasurer) then confirm his willingness to retire from office at that meeting, during which the proper quorum was reached. And a motion was proposed, seconded and approved, whereby a new Treasurer was appointed by ordinary resolution (as per bylaw).

Now, the old Treasurer want to remain in office, stating that due to the fact he didn't gave a letter of resignation as per bylaw, He is still in charge.

What need to be done to confirm his resignation and keep the new treasurer?

Well, you should have voted to accept his resignation before you appointed the new treasurer. Was that not done? And do your bylaws actually say that resignations must be in writing, or is it a "request"?

If you're asking whether you really do have to obey your bylaws, then the answer is: Yes, you do.

See FAQ #18 for details.

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Our bylaw state: ''If an elected member wishes to resign, he can do so by sending a duly signed letter of resignation to the President

for consideration at the next earliest possible meeting of the Board.''

There is no provision asking to approved or reject it. Due to the fact that the resignation was directed presented to the general assembly. Is the election of the new treasurer void?

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There is no provision asking to approved or reject it.

If an elected member wishes to resign, he can do so by sending a duly signed letter of resignation to the President

for *consideration * at the next earliest possible meeting of the Board.

I would say that the word "consideration" means that some sort of action is to be taken on the resignation otherwise the wording probably would have been different. Also, see RONR pp. 277-280.

Due to the fact that the resignation was directed presented to the general assembly. Is the election of the new treasurer void?
If an elected member wishes to resign, he *can* do so...

That is a question of bylaw interpretation for you all to decide for yourselves but the bylaws don't seem to absolutely require that the resignation be presented in writing. See RONR pp. 570-573 for some principles to help you all with interpreting those bylaws.

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Our bylaw state: ''If an elected member wishes to resign, he can do so by sending a duly signed letter of resignation to the President

for consideration at the next earliest possible meeting of the Board.''

There is no provision asking to approved or reject it. Due to the fact that the resignation was directed presented to the general assembly. Is the election of the new treasurer void?

The section you just quoted says precisely that you have to accept or reject it. That's what "consideration" means. In parliamentary terms, you consider things by moving, debating, and voting on them.

Since the bylaws say "can" resign in writing but not "shall", it's possible they mean that verbal resignations are also allowed. And if it was done verbally at a meeting, that should be plenty. But if you find it ambiguous, your assembly will have to interpret it. We can't interpret bylaws here, because we don't have the opportunity or incentive to read the bylaws of each society in their entirety. That, and the fact that we're not members.

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The section you just quoted says precisely that you have to accept or reject it. That's what "consideration" means. In parliamentary terms, you consider things by moving, debating, and voting on them.

Since the bylaws say "can" resign in writing but not "shall", it's possible they mean that verbal resignations are also allowed. And if it was done verbally at a meeting, that should be plenty. But if you find it ambiguous, your assembly will have to interpret it. We can't interpret bylaws here, because we don't have the opportunity or incentive to read the bylaws of each society in their entirety. That, and the fact that we're not members.

No motion to accept or reject were put on the floor, but instead a motion to elect a new treasurer. Is the election of that new Treasurer legal? The Resignation was done verbally at a meeting.

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No motion to accept or reject were put on the floor, but instead a motion to elect a new treasurer. Is the election of that new Treasurer legal? The Resignation was done verbally at a meeting.

IMO adopting a motion to elect a new treasurer is tantamount to accepting the old treasurer's resignation. In fact it's tantamount to voting to rescind old treasurer's election.

RONR P.642-643 l.34-5

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IMO adopting a motion to elect a new treasurer is tantamount to accepting the old treasurer's resignation.

I agree. While it is sloppy procedure, the fact that the assembly elected a new Treasurer suggests that the assembly accepted the resignation of the Treasurer. The only remaining issue is whether the resignation must be in writing, but that is a question of Bylaws interpretation which the assembly must decide for itself. There are some Principles of Interpretation for Bylaws in RONR, 10th ed., pgs. 570-573.

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