Vote needed to rescind resignations?

[Guest Jennifer Holloway]

Good afternoon,

Our church is in a very difficult time right now. A number of months ago, several people who were voted into Leadership positions resigned. The Pastor, Leadership Team and Congregation did not "accept" the resignations. The Pastor told the people they were welcome back at any time. Those people have since rescinded their resignations and come back to the positions they resigned from.

Many people in the church are using this as a basis to remove those in Leadership. They claim there needs to be a church vote for those people to come back into their positions.

There was no vote on the resignations, nor were the positions filled by others.

There is nothing in our by-laws regarding resignations.

We are chartering new territory here.

Does there need to be a church vote for those people to come back (they've already been back for a few months and doing the duties of the offices) or are they automatically back in because the Pastor did not accept the resignations and there was not a vote?

Thank you so much for your help...

Jennifer

[David A Foulkes]

A resignation is a "Request to be Excused from a Duty" (RONR 11th Ed., p. 289ff), and must be honored (i.e. accepted by vote) by the body authorized to fill the anticipated vacancies to be come effective. If the bylaws don't speak to which body (Board, general membership, other) can fill the vacancies, then it is most likely the general membership. If those resignations were not accepted, nor were the expected vacancies filled, then those members were still in their positions all along.

Before a resignation is acted upon, it may be withdrawn by the person resigning with no further action on the membership required, which is effectively what happened with these "rescissions" of the resignations.

So, you're back to square one with your leadership. Where you go from here is another chapter. Chapter XX, to be exact.

[Guest Guest]

David,

Thank you so much for your quick response. This is, indeed, what I felt the answer would be.

Jennifer

[Gary c Tesser]

... This is, indeed, what I felt the answer would be.

Jennifer

It's unnerving how comforting that is.

[jstackpo]

And just to answer the literal question in the topic...

Had the resignation(s) been accepted by a proper vote, then those (true, completed) resignations cannot be "rescinded". p. 308.

The only way for the resigners to get their old jobs back (if they want them) is by whatever means they got them in the first place -- election, appointment, whatever.