Resignations

[Guest Bob Whiston]

If members or officers resign in writing, whether or not they state the effective date and whether or not they have been accepted or rejected by the voting members, would they in fact take affect?

[Chris Harrison]

A resignation isn't effective until it is accepted by the body which is authorized to do so (there are circumstances where the body may choose to not accept the resignation).

[Rev Ed]

The group that has the authority to accept the resignation must approve the resignation for it to take affect. While there are reasons why the group might say no to accepting the resignation, normally it should accept the resignation. Better to fill a vacancy with someone who will perform in the position than someone who won't do anything for the remainder of the term.

[David A Foulkes]

Rev Ed makes a good point -- unnecessary delay in accepting a resignation also delays filling the vacancy with someone willing to do the job. Additionally, until the resignation is accepted, it can be unilaterally withdrawn by the resigning member/officer, which may not be desirable by the rest of the organization.

If members or officers resign in writing, whether or not they state the effective date and whether or not they have been accepted or rejected by the voting members, would they in fact take affect?

If the resignation letter includes an effective date, which upon acceptance of the resignation is agreed to by the voting body, then the member/officer continues in whichever capacity until that time, at which their "service" ends with no further action. If no effective date is given, it is effective immediately upon acceptance by the duly authorized voting body. And until that time, the member is still a member/officer with attendant rights and responsibilities.

Edited April 13, 2012 by David A Foulkes

[Guest Confussed Board Member]

We have an Office Manager (paid) who publicly resigned. She gave an interview to the paper stating her reasons for resigning. She now wants her job back. Since the board did not vote to accept or decline her resignation is she still tecnically an employee. What process should be followed ?

[Chris Harrison]

We have an Office Manager (paid) who publicly resigned. She gave an interview to the paper stating her reasons for resigning. She now wants her job back. Since the board did not vote to accept or decline her resignation is she still tecnically an employee. What process should be followed ?

Your question deals with employment law rather than RONR and legal questions are beyond this forum's scope.