Guest Fran Posted May 10, 2011 at 06:51 PM Report Share Posted May 10, 2011 at 06:51 PM We are having concerns with our Treasurer who is not responding to our calls and/or emails. We have not had a report for several months and need to have him preferably resign but if not remove him. Can we have him resign based on a lack of response, ie. If we do not hear from you, we will interpret this as your resignation? Link to comment Share on other sites More sharing options...
Rob Elsman Posted May 10, 2011 at 06:56 PM Report Share Posted May 10, 2011 at 06:56 PM We are having concerns with our Treasurer who is not responding to our calls and/or emails. We have not had a report for several months and need to have him preferably resign but if not remove him. Can we have him resign based on a lack of response, ie. If we do not hear from you, we will interpret this as your resignation?See FAQ #20 at the Robert's Rules of Order website, www.robertsrules.com. Link to comment Share on other sites More sharing options...
hmtcastle Posted May 10, 2011 at 07:39 PM Report Share Posted May 10, 2011 at 07:39 PM Can we have him resign based on a lack of response, ie. If we do not hear from you, we will interpret this as your resignation?No. A resignation is a (voluntary) request to be excused from a duty.If he doesn't resign, he hasn't resigned. Link to comment Share on other sites More sharing options...
Rev Ed Posted May 10, 2011 at 09:51 PM Report Share Posted May 10, 2011 at 09:51 PM Some organizations have a clause in the By-laws that if an officer or director misses so many meetings in a year (i.e. three) without cause, then the member is deemed to have abandoned his/her position. In a sense that would be a resignation without the member literally making the request. Other then that either Chapter XX or your own By-law regarding removal of an officer or director will have to do. Link to comment Share on other sites More sharing options...
hmtcastle Posted May 10, 2011 at 09:53 PM Report Share Posted May 10, 2011 at 09:53 PM In a sense that would be a resignation without the member literally making the request.No, it wouldn't be. Link to comment Share on other sites More sharing options...
Rev Ed Posted May 10, 2011 at 10:13 PM Report Share Posted May 10, 2011 at 10:13 PM No, it wouldn't be.That's your interruption. If an officer or director refuses to attend meetings and will not provide a reason why he/she cannot attend (i.e. due to health reasons or work commitments), then how else can you interrupt the situation? I totally agree with the stipulation in the By-laws, and have wholeheartedly agree with the clause being inserted. And yes, I do sit on a Board so I am not placing anyone to a higher standard than I place myself (i.e. if you do not want to do the job, or cannot, then be the honourable thing and resign. Do not pretend that you want to do the job and then do not show up at meetings.) Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 10, 2011 at 10:40 PM Report Share Posted May 10, 2011 at 10:40 PM That's your interruption. If an officer or director refuses to attend meetings and will not provide a reason why he/she cannot attend (i.e. due to health reasons or work commitments), then how else can you interrupt the situation? I totally agree with the stipulation in the By-laws, and have wholeheartedly agree with the clause being inserted. And yes, I do sit on a Board so I am not placing anyone to a higher standard than I place myself (i.e. if you do not want to do the job, or cannot, then be the honourable thing and resign. Do not pretend that you want to do the job and then do not show up at meetings.)That's all well and good. But unless the bylaws have such a clause, the board/membership cannot simply create one by magic. Link to comment Share on other sites More sharing options...
Rev Ed Posted May 11, 2011 at 01:50 AM Report Share Posted May 11, 2011 at 01:50 AM That's all well and good. But unless the bylaws have such a clause, the board/membership cannot simply create one by magic.I am talking about the clause being in the By-laws. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 11, 2011 at 03:51 AM Report Share Posted May 11, 2011 at 03:51 AM I am talking about the clause being in the By-laws.Are we still talking about Fran's bylaws? Link to comment Share on other sites More sharing options...
tctheatc Posted May 11, 2011 at 10:38 AM Report Share Posted May 11, 2011 at 10:38 AM Well maybe it's semantics, but even if it's in the bylaws that the position will be considered vacant if meetings are missed, it seems to me that's a removal rather than a resignation. Link to comment Share on other sites More sharing options...
hmtcastle Posted May 11, 2011 at 10:46 AM Report Share Posted May 11, 2011 at 10:46 AM That's your interruption. If an officer or director refuses to attend meetings and will not provide a reason why he/she cannot attend (i.e. due to health reasons or work commitments), then how else can you interrupt the situation?Failure to perform one's duties is not the same thing as requesting to be excused from one's duties. It's the difference between delinquency and courtesy and it's not a matter of of interpretation. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 11, 2011 at 04:11 PM Report Share Posted May 11, 2011 at 04:11 PM Well maybe it's semantics, but even if it's in the bylaws that the position will be considered vacant if meetings are missed, it seems to me that's a removal rather than a resignation.I agree.That's your interruption. If an officer or director refuses to attend meetings and will not provide a reason why he/she cannot attend (i.e. due to health reasons or work commitments), then how else can you interrupt the situation? I totally agree with the stipulation in the By-laws, and have wholeheartedly agree with the clause being inserted. And yes, I do sit on a Board so I am not placing anyone to a higher standard than I place myself (i.e. if you do not want to do the job, or cannot, then be the honourable thing and resign. Do not pretend that you want to do the job and then do not show up at meetings.)I'm not questioning the propriety of such a clause, but if a member is removed as a result of such a clause, it is not a resignation. Link to comment Share on other sites More sharing options...
Rev Ed Posted May 11, 2011 at 06:11 PM Report Share Posted May 11, 2011 at 06:11 PM Well, I have thought about this, and yes technically it would still be a removal - but in a practical sense it is a resignation as resignations do not have to be in writing and the refusal to perform (i.e. attend meetings) could be seen as the person abandoning the position.Getting back on track, if the Treasurer does not respond to calls, it could be implied that the position has been abandoned. Send a letter to the last known address of the Treasurer indicating that the Board will be starting the process of removing the person from the postion unless he/she can provide a "reasonable defence" as to why removal is not warranted. Then then either follow Chapter XX of RONR or the organization's own removal process to remove the person from office. Link to comment Share on other sites More sharing options...
David A Foulkes Posted May 11, 2011 at 06:26 PM Report Share Posted May 11, 2011 at 06:26 PM And get to the bank and withdraw whatever money is still left in the account asap. Just to be safe, you know. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted May 11, 2011 at 06:26 PM Report Share Posted May 11, 2011 at 06:26 PM Well, I have thought about this, and yes technically it would still be a removal - but in a practical sense it is a resignation as resignations do not have to be in writing and the refusal to perform (i.e. attend meetings) could be seen as the person abandoning the position.The distinction is that a resignation is a request to be excused from certain duties. Simply abandoning a position is a failure to perform the duties without having been excused.That's fundamentally different. Link to comment Share on other sites More sharing options...
Josh Martin Posted May 11, 2011 at 06:29 PM Report Share Posted May 11, 2011 at 06:29 PM Well, I have thought about this, and yes technically it would still be a removal - but in a practical sense it is a resignation as resignations do not have to be in writing and the refusal to perform (i.e. attend meetings) could be seen as the person abandoning the position.I can see the argument about the "abandoning" making it a resignation, although I don't agree with it, but I don't see how the fact that a resignation doesn't have to be in writing has anything to do with it. Personally, I think in "a practical sense" it is not a resignation, as resignations must be accepted. The removal clause you are speaking of seems to be automatic.Getting back on track, if the Treasurer does not respond to calls, it could be implied that the position has been abandoned. Send a letter to the last known address of the Treasurer indicating that the Board will be starting the process of removing the person from the postion unless he/she can provide a "reasonable defence" as to why removal is not warranted. Then then either follow Chapter XX of RONR or the organization's own removal process to remove the person from office.I'd also recommend that the poster take a look at FAQ #20. While that information is in Ch. XX as well, it isn't until the last page of it, and the poster might not need to read the rest of the chapter depending on how the Bylaws define the term of office. Link to comment Share on other sites More sharing options...
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