Resignation and rescission

[Lawmichele]

In our organization's bylaws, a member of the Board of Directors may resign by written notice to the Board of Directors. A member of the Board sent a notice of resignation to the President (which I do not believe was forwarded to the rest of the Board) and the President sent back an e mail"accepting" the resignation (there is no provision in the bylaws giving the President that right). 48 hours later, the resigning Board Member sent to the President a notice rescinding her resignation, and the President wrote back (also by e mail) that she had "accepted" the resignation and would not "accept" the rescission.

Does the President have the right to do this?

[David A Foulkes]

It's unlikely the President has the unilateral authority to accept a resignation or to deny a withdrawal (not rescission, actually) of a resignation. Until the resignation is properly accepted by the body that put the member on the board in the first place (typically the membership), the resigning member is within his rights to withdraw the resignation, and it is as if it were never submitted in the first place. Your president is overstepping, unless there is more to this in your bylaws or other governing documents.

[Gary Novosielski]

In our organization's bylaws, a member of the Board of Directors may resign by written notice to the Board of Directors. A member of the Board sent a notice of resignation to the President (which I do not believe was forwarded to the rest of the Board) and the President sent back an e mail"accepting" the resignation (there is no provision in the bylaws giving the President that right). 48 hours later, the resigning Board Member sent to the President a notice rescinding her resignation, and the President wrote back (also by e mail) that she had "accepted" the resignation and would not "accept" the rescission.

Does the President have the right to do this?

Not unless the bylaws grant that right explicitly.

[Josh Martin]

Until the resignation is properly accepted by the body that put the member on the board in the first place

...or the body which is empowered to fill the resulting vacancy.