RR apply when voting on an employee contract?

[Guest Steve W]

The Executive Director of our non-profit resigned. His resignation was accepted by the Board by a majority vote. After being told of the vote, he changed his mind and wanted to stay.  At the next board meeting someone stated that Roberts Rules do not apply when voting again to reinstate him because he is an employee. It was said, and agreed upon, that RR apply only to directors who want reinstatement after they have resigned. The board agreed to this comment. Is this comment correct?

BTW - the director was rehired by majority vote. . 

[Chris Harrison]

What (if anything) do your bylaws say about re-hiring an employee after they had resigned?

[Guest Edgar]

Hiring and firing employees is a matter of labor law, not parliamentary procedure. If contracts are involved, consult an attorney.

[Gary Novosielski]

The Executive Director of our non-profit resigned. His resignation was accepted by the Board by a majority vote. After being told of the vote, he changed his mind and wanted to stay.  At the next board meeting someone stated that Roberts Rules do not apply when voting again to reinstate him because he is an employee. It was said, and agreed upon, that RR apply only to directors who want reinstatement after they have resigned. The board agreed to this comment. Is this comment correct?

BTW - the director was rehired by majority vote. . 

 

I don't see a problem here.  What is clear is that once the vote was taken, he was no longer Executive Director.  At that point it's too late to rescind his resignation. 

 

But there's nothing wrong with applying to fill the vacancy he just created, by the same process anyone else would, and being rehired by the board.

 

The same rule applies to members who resign from membership.  RONR has no rule that says they can never join again.  I just says they have to meet the same criteria for joining as any other non-member would.

[Guest Edgar]

The same rule applies to members who resign from membership. 

 

I'm not sure that the rules which apply to membership also apply to employment (and vice versa).

[Josh Martin]

The Executive Director of our non-profit resigned. His resignation was accepted by the Board by a majority vote. After being told of the vote, he changed his mind and wanted to stay.  At the next board meeting someone stated that Roberts Rules do not apply when voting again to reinstate him because he is an employee. It was said, and agreed upon, that RR apply only to directors who want reinstatement after they have resigned. The board agreed to this comment. Is this comment correct?

BTW - the director was rehired by majority vote. . 

 

What exactly is your understanding of what RONR says about "directors who want reinstatement after they have resigned?" If the board is authorized to fill vacancies, there is no reason such a person could not be elected by majority vote. Likewise, there is no parliamentary reason the board cannot just "rehire" the Executive Director by majority vote, assuming it is authorized to hire the Executive Director.

 

As Edgar notes, however, there may be legal issues involved which have bearing on this situation.

[Guest Edgar]

What exactly is your understanding of what RONR says about "directors who want reinstatement after they have resigned?" 

 

Whatever it is, an Executive Director is very likely not a member of a Board of Directors (except, possibly, in an ex-officio capacity).