Jump to content
The Official RONR Q & A Forums

PRESIDENT'S RESIGNAITON


lyndaschram

Recommended Posts

Our membership of about 100 people voted in a new "green" president 2 1/2 months ago. The president is the only male with the remaining 6 members being female. He has yelled at us, he has said numerous times that he will not follow RONR, he has threatened to leave the board at least 4 times previous to this evening. This past Monday evening, during an executive session, which the majority of the board had to request and which he took 9 days to respond to, he announced, "Secretary, record that at 9:25 PM, the President is resigning." Five of the seven member board were ecstatic. I, as secretary pro tem that evening, recorded the action. He was informed that he should leave then, especially since we were in executive session. He remained in his chair. He listened to most of the rest of the meeting for another hour. When our business was completed, Vice President (acting as the new chair) adjourned the meeting. 5 members left and went home. The VP and newly resigned President stayed and talked for an hour. The President said he wanted to stay. We really don't want him to. He has been extremely unprofessional. I am the treasurer and have been for 2 years. He told me earlier that evening that I had to be the secretary because, get this, "according to Robert's Rules, when the secretary is absent the Treasurer must take her spot!". I knew that a replacement should be voted in by the board and had put that in our call to the President for this special meeting. I did not quarrel with him because that is all we spend our time doing with him. I didn't mind being the Secretary for the evening even if he thought it was him making me be it. Someone mentioned to me that the president can't just walk right back in. His resignation was recorded. The meeting was adjourned...Can you advise us please? Do we have to take him back????

Link to comment
Share on other sites

Can you advise us please? Do we have to take him back????

A resignation is a request to be excused from a duty. It must be formally acted on (by the person or body authorized to do so) before it is official. From the description you provided, I'm inclined to think it wasn't but others may differ (so stay tuned).

But you needn't wait for him to resign again. See FAQ #20. On the other hand, his impulsive behavior suggests that he might, indeed, resign again so be ready to make a motion to accept the resignation. If the motion is adopted, the vice-president will immediately become the president (and you'll have a vacancy in the office of vice-president). This assumes that the board is authorized to accept the resignation (which, if it's authorized to fill the vacancy in the vice-presidency, it probably is).

Link to comment
Share on other sites

A resignation is a request to be excused from a duty. It must be formally acted on (by the person or body authorized to do so) before it is official. From the description you provided, I'm inclined to think it wasn't but others may differ (so stay tuned).

But you needn't wait for him to resign again. See FAQ #20. On the other hand, his impulsive behavior suggests that he might, indeed, resign again so be ready to make a motion to accept the resignation. If the motion is adopted, the vice-president will immediately become the president (and you'll have a vacancy in the office of vice-president). This assumes that the board is authorized to accept the resignation (which, if it's authorized to fill the vacancy in the vice-presidency, it probably is).

Link to comment
Share on other sites

A resignation is a request to be excused from a duty. It must be formally acted on (by the person or body authorized to do so) before it is official. From the description you provided, I'm inclined to think it wasn't but others may differ (so stay tuned).

Sorry about the Guest Larry reply -- computer went crazy.

If the board has the authority to accept the resignation, the fact that they asked the "President" to leave could be taken as an indication that the resignation had been accepted. I use "could be taken" as none of us where there to see what actually happened. The group will have to determine what actually happened.

Link to comment
Share on other sites

Sorry about the Guest Larry reply -- computer went crazy.

If the board has the authority to accept the resignation, the fact that they asked the "President" to leave could be taken as an indication that the resignation had been accepted. I use "could be taken" as none of us where there to see what actually happened. The group will have to determine what actually happened.

Larry (or anyone), how does the first line fo p. 298 fit into this?

Link to comment
Share on other sites

Larry (or anyone), how does the first line fo p. 298 fit into this?

It depends upon the authority of the board to accept resignations. If they have the power and did something to accept the resignation, the first sentence of p. 298 applies. It is up to the organization to decide if the board had that power according to their bylaws.

Link to comment
Share on other sites

Thank you Members Mountcastle and Cisar for your input.

Upon your response, I read RONR p 297-8 "

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:

a. Things previously moved to reconsider

b. Things where something has already been done as the result of the vote on the main motion and......................

c.When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action.

The president did state to the secretary pro tem (me) that evening to, "Record the time, that as of 9:25 P.M., the president is residing." One director questioned him for about 15 minutes to make sure that this was his decision and asked him if he was residing because of his failing business, time spent away from his family, his house not selling for over a year, the time he needs to spend on other projects he is involved in (coaching, church building committee, etc) He said yes, those were his reasons. This directory wanted to make sure she got him to say that he was leaving for HIS reasons lest he get the membership mad at the remaining board members and state that we were throwing him out. He was told that he should leave then but he didn't. He just sat there for another hour. We finished our executive business for the evening. The VP adjourned the meeting. We have our next REGULAR BOARD meeting this Wednesday. Yikes! We need to know how to proceed. I would like to make as nice a statement as possible asking this man to "stay resigned" for the better of the association.

The ONLY reference to resignation in our bylaws in order of importance are:

Under Duties of the Vice-President:

(i) Immediately succeed to the Presidency in the event of resignation, removal from office, continuous disability, or death of the President;

Under Termination of Tenure:

(B) Any Officer or Director may resign by submitting a written notice of resignation to the Board of Directors, contingent upon discharge of the member's obligations to the Board, and majority approvaol of the resignation by the Board."

Under Board Operations:

(B) Cessation of GNA membership for any reason, or three consecutive absences from regularly scheduled Board of Directors meetings without valid reason, shall be deemed a resignation.

Under Duties and Powers of "All Directors":

(vii) Appoint and remove, employ and discharge, and except as otherwise provided in these bylaws, prescribe the duties and fix the compensation, if any, of all officers, and agents of the corporation.

(viii) Supervise all officers, and agents of the corporation to assure that their duties are performed properly.

Hope this information helps explain our situation a little better.

Link to comment
Share on other sites

Well, Lynda, it seems pretty clear that your bylaws stipulate a written notice of resignation. Your organization will have to decide whether this is an absolute requirement for resigning (because of the word "may"), and whether the president directing the secretary to record that the president is resigning constitutes a written notice of resignation. I wouldn't bet heavily on the latter.

Link to comment
Share on other sites

Well, given a similar parliamentary dynamic on another question, I'm prepared to argue (fairly wholeheartedly) that since the president resigned in person at a meeting, and requested that the resignation be entered in the minutes, and since there was no objection at the time, and no timely point of order was raised, that the announcement of the chair stands, the vice president became president at that point, and the ex-president may no longer withdraw his resignation, and is no longer in office.

In other threads, it has been confirmed that if no point of order is raised at the time, an announcement by the chair usually stands, even if procedural errors may have been made, and there seems to be nothing in the nature of a continuing breach here.

Link to comment
Share on other sites

How do women get the only male to leave the meeting, especially when he is about 6'4"?

The same way you do any nonmember.

Are there words or rules we could invoke?

As soon as he resigned and it is accepted he is no longer a member of the Board (assuming that he actually resigned from the Board and not just as President-which your post is not clear on). You can then cite RONR p. 628:

Any nonmembers allowed in the hall during a meeting, as guests of the organization, have no rights with reference to the proceedings....The chair has the power to require nonmembers to leave the hall, or to order their removal, at any time during the meeting; and the nonmembers have no right of appeal from such an order of the presiding officer. However, such an order may be appealed by a member.

...and p. 629 says:

If a person - whether a member of the assembly or not - refuses to obey the order of proper authority to leave the hall during a meeting, the chair should take necessary measures to see that the order is enforced, but should be guided by a judicious appraisal of the situation. The chair can appoint a committee to escort the offender to the door, or the sergeant-at-arms-if there is one - can be asked to do this. If those who are assigned that task are unable to persuade the offender to leave, it is usually preferable that he be removed by police - who may, however, be reluctant to intervene unless representatives of the organization are prepared to press charges.
Would you recommend at our next regualar board meeting that we make a motion to order the agenda with "resignations" as priority #1 right after the passing of the minutes?

That is no a bad idea.

Our bylaws state that the VP immediately succeeds to the Presidency in the event of his resignation or his removal from office by 2/3's vote of the board. Being that our board consists of only 6 people now, would that mean 4 out of the 6 members could vote him out?

If the bylaws actually say word-for-word that the President can be removed from office "2/3's vote of the board" you have an interpretation issue as to whether that means 2/3 of the Board's membership or 2/3 of the Board members who were at the meeting and voted. See RONR pp. 570-573 for some help with the interpretation.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...