effective time of resignation

[Guest in over my head]

If a board member resigns effective X day, barring any information in the bylaws or statutes that would clarify, is their resignation effective at 12:00 am on the given date or at 11:59 pm on the given date? Specifically, can a board member who has resigned effective 4-1-2011, without specifying a time of day, still participate in a board meeting on 4-1-2011?

Also, or perhaps alternatively, the same board member sent an email rescinding the resignation prior to the effective date. The resignation was never formally acted on by the board other than to schedule elections for 4-1-11 which was the end of the term anyway. State statutes specify that a resignation is effective when it is received by the board unless a future date is specified. Neither the statutes nor the bylaws address rescinding a resignation. When the email was sent several board members adamantly insisted that it was not legal to rescind a resignation. Is it?

[hmtcastle]

State statutes specify that a resignation is effective when it is received by the board unless a future date is specified.

Assuming these statutes apply to your organization, you should consult an attorney, not a parliamentarian.

As far as RONR is concerned, a resignation is a request to be excused from a duty and is not effective until it is formally accepted (though the request could also be denied) by the person or body authorized to fill the vacancy.

And, up until the point at which it is accepted, a resignation can be withdrawn (not "rescinded").

[Chris Harrison]

If a board member resigns effective X day, barring any information in the bylaws or statutes that would clarify, is their resignation effective at 12:00 am on the given date or at 11:59 pm on the given date? Specifically, can a board member who has resigned effective 4-1-2011, without specifying a time of day, still participate in a board meeting on 4-1-2011?

RONR doesn't go into those sort of details which leaves it up to you all to work out.

Also, or perhaps alternatively, the same board member sent an email rescinding the resignation prior to the effective date. The resignation was never formally acted on by the board other than to schedule elections for 4-1-11 which was the end of the term anyway. State statutes specify that a resignation is effective when it is received by the board unless a future date is specified. Neither the statutes nor the bylaws address rescinding a resignation. When the email was sent several board members adamantly insisted that it was not legal to rescind a resignation. Is it?

Since you bring a state law into the equation that takes it out of the realm of RONR and into the legal arena. You will need to speak to a lawyer.

[Rev Ed]

Barring any legal issues outside of RONR, the motion to accept the resignation could potentially state the time that the resignation is to take effect. Barring that, I would assume that the resignation would take effect as soon as possible - so if the resignation is presented at the April 1st meeting, and the letter of resignation asks for the resignation to be accepted as of April 1st, then as soon as the motion passes the resignation takes effect. Thus, if the motion passes at 2:39 p.m., then the person is out of office at that point.

[Josh Martin]

Barring any legal issues outside of RONR, the motion to accept the resignation could potentially state the time that the resignation is to take effect. Barring that, I would assume that the resignation would take effect as soon as possible - so if the resignation is presented at the April 1st meeting, and the letter of resignation asks for the resignation to be accepted as of April 1st, then as soon as the motion passes the resignation takes effect. Thus, if the motion passes at 2:39 p.m., then the person is out of office at that point.

Well, that's all very interesting, but it seems that the assembly didn't act on the resignation. So if RONR is controlling (which does not seem to be the case), the member is free to withdraw his resignation. If these state statutes apply, the assembly should consult a lawyer.

[Tim Wynn]

... barring...

[alanh49]

Well, that's all very interesting, but it seems that the assembly didn't act on the resignation. So if RONR is controlling (which does not seem to be the case), the member is free to withdraw his resignation. If these state statutes apply, the assembly should consult a lawyer.

IMO once a resignation has been accepted [if it needs to be] or submitted [if it doesn't] it cannot be withdrawn or rescinded even if it doesn't take effect till sometime latter.

[Josh Martin]

IMO once a resignation has been accepted [if it needs to be] or submitted [if it doesn't] it cannot be withdrawn or rescinded even if it doesn't take effect till sometime latter.

Well, I agree with you that once a resignation has been accepted, it may not be withdrawn (a resignation may never be rescinded), but I think the question of how to handle a resignation which does not need to be accepted is beyond the scope of RONR and this forum, especially when applicable law is involved.

[Kim Goldsworthy]

IMO once a resignation has been accepted ... it cannot be withdrawn or rescinded even if it doesn't take effect till sometime latter.

IMO, any unexecuted part of an adopted motion is subject to rescission or amendment.

[excerpt, page 297]

ACTIONS THAT CANNOT BE RESCINDED OR AMENDED.

The motions to Rescind and to Amend Something

Previously Adopted are not in order under the

following circumstances:

[...]

B.) When something has been done, as a result of

the vote on the main motion, that is impossible

to undo. (The unexecuted part of an order, however,

can be rescinded or amended.)

[Josh Martin]

IMO, any unexecuted part of an adopted motion is subject to rescission or amendment.

This is not quite correct. Rescind or ASPA may only be applied to something which is the result of one or more adopted main motions. Therefore, they don't seem applicable to either case here. A motion granting a Request to be Excused from a Duty is an incidental motion, and a resignation which takes effect without acceptance, due to the provision of some rule or law, doesn't involve a motion at all.

[Tim Wynn]

IMO, any unexecuted part of an adopted motion is subject to rescission or amendment.

Flip the page and read c).

[Kim Goldsworthy]

Flip the page and read c).

A resignation which will take place in the future, and which will not take effect immediately, is a "conditional" resignation.

"c" assumes that there is NO SUCH THING as a "conditional" resignation.

"c" will NOT apply to conditional resignations.

****

Note that "c" refers to "reinstatement".

If "c" were to apply, then the "c" rule about reinstatement would apply.

(Either a rule applies, or a rule does not apply.)

Q. If the conditional resignation (i.e., a future date) is voted on affirmatively, can the resigner be reinstated, per rule "c"?

A. No.

Why not?

Because there has been no resignation yet.

The person is still in office, (or still a member).

There is no one to "reinstate."

So "c"'s "reinstatement" rule is impossible to apply, if you apply "c"'s earlier restriction rule.

****

That is why I assert that a conditional resignation is not fully executed upon an affimrative vote.

If that person DIES before the future date, then no resignation will have been executed, since there would have been NO time where that person was out of office (or where that person was not a member).

THAT is why the unexecuted part of a resignation can be amended or rescinded. -- Nothing has happened yet.

Example:

The date might be amended -- to be made longer; to be made shorter.

The "condition" might be amended -- to add an extra condition, or to remove one of the conditions.

[Josh Martin]

That is why I assert that a conditional resignation is not fully executed upon an affimrative vote.

If that person DIES before the future date, then no resignation will have been executed, since there would have been NO time where that person was out of office (or where that person was not a member).

THAT is why the unexecuted part of a resignation can be amended or rescinded. -- Nothing has happened yet.

Example:

The date might be amended -- to be made longer; to be made shorter.

The "condition" might be amended -- to add an extra condition, or to remove one of the conditions.

Well, there's also the issue that the motions to Rescind or to Amend Something Previously Adopted can't be applied to an incidental motion (and based on the entry for Request to be Excused from a Duty in the tinted pages (#38), it seems like it's always an incidental motion).

Of course, based on the law the original poster referred to, this is probably all moot. I certainly don't think an assembly can rescind a resignation if it never had to accept it in the first place.

[Tim Wynn]

A resignation which will take place in the future...

All I can suggest is that you take another look at c)... without any assumptions.