Guest Olivies Posted June 10, 2012 at 09:24 PM Report Share Posted June 10, 2012 at 09:24 PM A member on the Board emailed his letter of resignation to the entire Board. The Secretary advised she would hold it a couple days in case he wished to reconsider, to which he replied he had no intention to do so and it was incontrovertible. Our Bylaws provide no process or guidelines for resignations. Our Bylaws do allow for Board motions and votes to be carried out by email. No motion was made regarding this resignation. Now the member has sent out an email rescinding his resignation. Does the Board need to motion at all regarding the resignation or rescission if the Board would like the member to stay? Link to comment Share on other sites More sharing options...
Sean Hunt Posted June 10, 2012 at 09:40 PM Report Share Posted June 10, 2012 at 09:40 PM A member on the Board emailed his letter of resignation to the entire Board. The Secretary advised she would hold it a couple days in case he wished to reconsider, to which he replied he had no intention to do so and it was incontrovertible. Our Bylaws provide no process or guidelines for resignations. Our Bylaws do allow for Board motions and votes to be carried out by email. No motion was made regarding this resignation. Now the member has sent out an email rescinding his resignation.Does the Board need to motion at all regarding the resignation or rescission if the Board would like the member to stay?No.Given that you have no special procedures for handling resignations, then the procedures outlined in RONR are followed. Specifically, at a meeting of the body authorized to accept the resignation (which is normally the same as the body that would fill the resulting vacancy), the resignation is presented and a motion is made to accept the resignation. Until this motion is properly stated by the chair, it is not in the hands of the assembly, meaning that the individual resigning can withdraw their resignation. Once the motion has been stated by the chair, it is in the hands of the assembly, and cannot be withdrawn except with the agreement of a majority of the assembly. If the member has second thoughts at that point, it is too late; they must convince the members not to accept the resignation if they wish to retain their office. Link to comment Share on other sites More sharing options...
Trina Posted June 11, 2012 at 11:05 AM Report Share Posted June 11, 2012 at 11:05 AM A member on the Board emailed his letter of resignation to the entire Board. The Secretary advised she would hold it a couple days in case he wished to reconsider, to which he replied he had no intention to do so and it was incontrovertible. Our Bylaws provide no process or guidelines for resignations. Our Bylaws do allow for Board motions and votes to be carried out by email. No motion was made regarding this resignation. Now the member has sent out an email rescinding his resignation.Does the Board need to motion at all regarding the resignation or rescission if the Board would like the member to stay?Even if the Board (hypothetically) would like to get rid of this member at all costs, it would be too late to take him up on his offer to resign. As Mr. Hunt pointed out, as long as the assembly has not yet acted on the resignation (a resignation is a request to be excused from a duty), the member is free to withdraw his request. That means there is nothing for the board to take action on at this point (no need for a motion). Link to comment Share on other sites More sharing options...
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