Resignation

[Guest Snow White]

I was recently told that if a person, who in this case is a volunteer, resigns, he/she must continue to conduct business until a replacement is found.

They quoted Robert's Rules, but did not cite it. I do not, at present, have my copy of the 11th edition of Robert's Rules, so I was hoping someone can

tell me where to find this in the book.

Doesn't such a requirement negate resignation?

[Josh Martin]

I was recently told that if a person, who in this case is a volunteer, resigns, he/she must continue to conduct business until a replacement is found.

They quoted Robert's Rules, but did not cite it. I do not, at present, have my copy of the 11th edition of Robert's Rules, so I was hoping someone can

tell me where to find this in the book.

Doesn't such a requirement negate resignation?

The requirement doesn't exist. What RONR actually says is the following: "The duties of a position must not be abandoned until a resignation has been accepted and becomes effective, or at least until there has been a reasonable opportunity for it to be accepted" (RONR, 11th ed., pg. 291, lines 10-13)

[sMargaret]

Also note that in order to accept a resignation, the organization does not need to have a replacement lined up.

[David A Foulkes]

Also note that in order to accept a resignation, the organization does not need to have a replacement lined up.

True, although it could be helpful. Filling vacancies requires notice. If a resignation is submitted to the Secretary between meetings, with the expectation it will be accepted at the next meeting (regular or a special called for that purpose), issuing notice of filling the vacancy would allow for acceptance of the resignation and immediate filling of it at that same meeting, with no discontinuation of service of the office. This could be helpful particularly for the Treasurer's position, as an example. Whether this approach would be valuable for Snow White's group is, of course, not mine to say. Perhaps she could inquire of the Board of Dwarves Trustees.

[Josh Martin]

True, although it could be helpful. Filling vacancies requires notice. If a resignation is submitted to the Secretary between meetings, with the expectation it will be accepted at the next meeting (regular or a special called for that purpose), issuing notice of filling the vacancy would allow for acceptance of the resignation and immediate filling of it at that same meeting, with no discontinuation of service of the office. This could be helpful particularly for the Treasurer's position, as an example. Whether this approach would be valuable for Snow White's group is, of course, not mine to say. Perhaps she could inquire of the Board of Dwarves Trustees.

Most of what you've said only applies in the case of a resignation from office, and it's not clear whether this is the case. Additionally, however helpful it may be for the volunteer to continue serving until a replacement can be found, the organization cannot force him to do so.

[Guest Edgar]

Most of what you've said only applies in the case of a resignation from office, and it's not clear whether this is the case.

Well, Snow White does ask if this person "must continue to conduct business until a replacement is found" so, though there may not be a formal office from which to resign, this appears to be more than a simple resignation from membership.

[Josh Martin]

Well, Snow White does ask if this person "must continue to conduct business until a replacement is found" so, though there may not be a formal office from which to resign, this appears to be more than a simple resignation from membership.

My point is that if the position the member is resigning from is not an officer position, notice is not required to fill the vacancy.

[David A Foulkes]

Most of what you've said only applies in the case of a resignation from office, and it's not clear whether this is the case. Additionally, however helpful it may be for the volunteer to continue serving until a replacement can be found, the organization cannot force him to do so.

1. Good point, thanks.

2. I didn't think I was suggesting that (forced continuation). Did you?

[Guest Snow White]

Thank you. This is all very helpful. The resignation in question was an elected office, president of a private org to be exact.

[jstackpo]

Hmm, unless your bylaws are non-standard in this respect, you already have a "replacement" for the resigning president in hand: the vice-president. Its automatic - the V-P becomes the president when the president leaves office (or, more exactly, his resignation is accepted). p. 458, 575.

New facts elicit new responses here.

[David A Foulkes]

Thank you. This is all very helpful. The resignation in question was an elected office, president of a private org to be exact.

Okay, not for nuthin', but that kind-a changes things a bit, and it would have been very helpful for all involved, including you, if you'd made that point at the beginning. That's one of those little factual nuggets you shouldn't withhold, so we don't beat around the bush.

Per RONR, when the President leaves office mid-term (resignation, death, whatever reason), the Vice President immediately becomes the President, and you have a vacancy in the office of VP. Filling that vacancy requires notice, and the manner of doing so may be prescribed in the bylaws, or perhaps a special election by the general membership will need to be held. If you have multiple VPs, the 1st becomes President, the others move up, and the vacancy occurs in the lowest numbered office.

Until his resignation is accepted (and the body that is authorized to do that may be the Board, or not), his is still the President and should carry on as such until that reasonable time for his resignation to be accepted has passed before he abandons the office.

Your rules may vary, although I'm guessing not.

[sMargaret]

Just to clarify, unless your bylaws very specifically state a different way of filling a vacancy in the position of the President (that position, specifically), then your Vice President becomes President once the President's resignation is accepted. The President's resignation ought to be accepted at the first meeting of a body that can accept the resignation (such as possibly your Board, or definitely your general membership), unless your bylaws specify differently.

If your Vice President does not wish to become President - which does happen at times - then the VP should sneak in a quick resignation before the President's resignation, in order to resign from the position of VP before they would need to resign from the position of President.

No motion, or anything like that, is required (by RONR) for the VP to become the P. Sometimes people get confused about that.

[David A Foulkes]

If your Vice President does not wish to become President - which does happen at times - then the VP should sneak in a quick resignation before the President's resignation, in order to resign from the position of VP before they would need to resign from the position of President.

Just curious.... why do you think this is necessary?

[Guest Edgar]

. . . the VP should sneak in a quick resignation before the President's resignation, in order to resign from the position of VP before they would need to resign from the position of President.

Just curious.... why do you think this is necessary?

Or even an option since it's up to the assembly whether, and in what order, to accept resignations. If I knew the president was about to resign I think I'd be inclined not to first accept the resignation of the vice-president, no matter how quick and sneaky he might be.

[sMargaret]

Just curious.... why do you think this is necessary?

I must admit to thinking of a situation I was involved in, where the person who was VP was very much averse to taking the position of President at any point, even if followed by their immediate resignation. To clarify, I don't think it's necessary, and I think the person serving as VP should, as part of agreeing to serve as VP, agree to take on the job as President if required (even if told "oh no, it will never happen that you actually need to do anything").

Sadly, sometimes it doesn't always work that way. If the VP will not do the work, and does not EVER wish to be President, then they would to resign before the President does. As noted, the order in which the assembly takes the resignations will affect which position they resign from. They don't have the option of just staying as VP.

[Josh Martin]

2. I didn't think I was suggesting that (forced continuation). Did you?

No. I was concerned about possible misinterpretation.

I must admit to thinking of a situation I was involved in, where the person who was VP was very much averse to taking the position of President at any point, even if followed by their immediate resignation. To clarify, I don't think it's necessary, and I think the person serving as VP should, as part of agreeing to serve as VP, agree to take on the job as President if required (even if told "oh no, it will never happen that you actually need to do anything").

Sadly, sometimes it doesn't always work that way. If the VP will not do the work, and does not EVER wish to be President, then they would to resign before the President does. As noted, the order in which the assembly takes the resignations will affect which position they resign from. They don't have the option of just staying as VP.

In fairness, situations like this also sometimes have to do with the society. It's quite possible the society agrees that the VP should not necessarily ascend to the presidency in the event of a vacancy, but they've never bothered to fix it in the Bylaws.