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Oral Resignation by Board Member


Guest Steve Dandy

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At our September meeting, a Board member stated: "I'm resigning" and left the meeting. Does the Board:

1. Have to vote on accepting said resignation?

2. If so, would the resignation be retroactive to the date it was presented or the date that the Board voted on it?

3. Seeing how it is NOT "disciplinary" in nature, but a VOLUNTARY resignation, does the Board need to have a two-thirds majority or simple majority to approve it?

A QUICK response is needed.

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2. If so, would the resignation be retroactive to the date it was presented or the date that the Board voted on it?

Ideally it should have been submitted in writing. The resignation may with withdrawn unilaterally up until the point a motion accepting it is before the board. So it's effective when the board adopts the motion accepting it. http://www.robertsru...com/faq.html#18

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Greetings all - Sorry it took me so long to reply. The meeting was strictly for "appoint to committees" one. The subject never came up.

But, here is another NEW tidbit: Today, the VP sent out a board-wide email making a motion to purchase a laptop computer for the board, requesting either a ":yes" or "no" vote. We have 17 on the board (9 voted "yes"). As soon as the 9th vote was cast, the VP APPROVED THE MOTION.

Now, questions from me:

1. How come there was no room for "discussion" here? I would have asked if the League had the money on-hand to make such a purpose.

2. I know the VP can MAKE a "motion," but how is it he can APPROVE/PASS said motion? Under our Little League Constitution, ARTICLE VII, Section 3 clearly states: "Vice President. The Vice President shall (a) perform the duties of the President in the absence or disability of the president, provided he or she is authorized by the President or Board so to act..."

To me, this not only VIOLATES OUR Constitution, but would be forbidden under RRNR as well.

Am I correct in that presumption or am I off-base?

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Today, the VP sent out a board-wide email making a motion to purchase a laptop computer for the board, requesting either a ":yes" or "no" vote.

Does your constitution authorize making motions and voting via e-mail? If not, it can't be done. If so, you're pretty much on your own as to how to do it.

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Does your constitution authorize making motions and voting via e-mail? If not, it can't be done. If so, you're pretty much on your own as to how to do it.

Our constitution does not specificall PROHIBIT it nor does it AUTHORIZE it. Also, isn't the VP "exceeding" his authority if he is NOT "authorized by the President or the Board so to act?" NOT in MAKING a motion, but APPROVING it?

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Our constitution does not specificall PROHIBIT it nor does it AUTHORIZE it.

Then voting via email is not allowed as the Constitution didn't specifically authorize it (RONR p. 423 ll. 17-25).

Also, isn't the VP "exceeding" his authority if he is NOT "authorized by the President or the Board so to act?" NOT in MAKING a motion, but APPROVING it?

If the VP wasn't authorized he doesn't have the authority.

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Our constitution does not specificall PROHIBIT it nor does it AUTHORIZE it.

Then voting via email is not allowed as the Constitution didn't specifically authorize it (RONR p. 423 ll. 17-25).

Moreover, since the email vote is not authorized, the action taken (approving the purchase of the laptop) is null and void. If anyone actually takes money out of the organization's treasury and spends it on the strength of this 'motion', that person could be held personally responsible for the expenditure.

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At our September meeting, a Board member stated: "I'm resigning" and left the meeting. Does the Board:

1. Have to vote on accepting said resignation?

If you want to accept the resignation, yes. And yes, that is the best situation, unless you are not sure whether or not the member meant to really resign - which is why written resignations are better.

2. If so, would the resignation be retroactive to the date it was presented or the date that the Board voted on it?

The date the vote was taken - which is could have been as soon as the member stated "I resign."

3. Seeing how it is NOT "disciplinary" in nature, but a VOLUNTARY resignation, does the Board need to have a two-thirds majority or simple majority to approve it?

Majority of votes cast.

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...or the board could after the fact ratify the action and all would be well.

True.

However, in this circumstance, I wouldn't want to be the one to take money out of the treasury and spend it. I envision the treasurer taking the money out, in the (uneducated) belief that the action has been properly approved by the assembly. And then there's the additional wrinkle about the VP being allowed to "perform the duties of the President in the absence or disability of the president, provided he or she is authorized by the President or Board so to act..." One hopes that the treasurer is cautious, and at least familiar with the organization's own bylaws, if not RONR.

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