Guest pdog Posted June 10, 2012 at 09:06 PM Report Share Posted June 10, 2012 at 09:06 PM A board member had verbally resigned over the phone to the board President. The member was asked to send a letter of resignation. A few weeks has gone by without response or a receiving a resignation letter. Because we are in-between monthly board meeting sessions, and order to create finality to this issue, the board is intending on voting to accept this member’s resignation (via email). Then, the board would send a correspondence to the member that their resignation is accepted. The following is the only language in our by-laws that applies to a resignation or removal:· Any officer or director remiss is performing their duties, may be voted out by a majority of the Executive Board· A Quorum to conduct business at any meeting shall consist 50% of the existing Executive Board plus one (1)· Robert’s Rules of Order, Revised, (the most recent edition available) shall be the governing authority on all questions of procedures not specifically provided for in the Constitution and Bylaws.· Any Executive Board member missing three (3) consecutive meetings without just cause may be asked to resign.Please advise Link to comment Share on other sites More sharing options...
jstackpo Posted June 10, 2012 at 09:17 PM Report Share Posted June 10, 2012 at 09:17 PM Do your bylaws authorize "meeting" or even just voting via e-mail?If not, then it is totally improper to do so and your vote to accept will be null and void.Find out what the board member really wants, then wait until your next meeting to act upon it. Link to comment Share on other sites More sharing options...
Gary Novosielski Posted June 11, 2012 at 02:12 PM Report Share Posted June 11, 2012 at 02:12 PM · Any Executive Board member missing three (3) consecutive meetings without just cause may be asked to resign.Please adviseYou should consider figuring out what was intended there, and amending the bylaws as appropriate, since this provision is meaningless as written. Anybody can "ask" anyone to resign any time they want, with or without permission from the bylaws. And anyone "asked" to resign may decide not to honor that request. In fact, by listing no other possible punishments for absenteeism one might argue that including this provision ensures that nothing can effectively be done to discipline those who exceed 3 absences. You have a general provision for removal, but the rules of interpretation say that a specific rule supersedes the general rule. Link to comment Share on other sites More sharing options...
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