can a board choose to not accept a board members rescinded resignation

[Guest streve]

four out of seven board members resigned all one day  7 days later all tried to rescind can the remaining board choose not to accept.

[Timothy]

Maybe. Does the board have the authority to accept resignations? And if so, has the board already voted to accept the resignations?

[Gary c Tesser]

Hey. Not bad.

[Edgar Guest]

four out of seven board members resigned all one day  7 days later all tried to rescind can the remaining board choose not to accept.

 

Nothing's being "rescinded". A resignation can be withdrawn up until the point it's been formally accepted (or otherwise acted upon) by the body (or person) authorized to do so.

[Timothy]

Nothing's being "rescinded". A resignation can be withdrawn up until the point it's been formally accepted (or otherwise acted upon) by the body (or person) authorized to do so.

 

That's true, but since the first letter isn't capitalized, I read the question as what I thought was meant rather than expecting that it would use all the correct terminology. Strictly speaking, "...can the remaining board choose not to accept?" can only be answered, "No." Even if the board has the authority to accept resignations, it is out of their hands beyond that. If the resignation is withdrawn before they accept it, they have nothing to decide. If they have already accepted the resignation, they can't rescind the motion that accepted it.

[Edgar Guest]

Strictly speaking, "...can the remaining board choose not to accept?" can only be answered, "No." 

 

Huh?

[Timothy]

Huh?

What is your confusion with that?

[Edgar Guest]

 Strictly speaking, "...can the remaining board choose not to accept?" can only be answered, "No."

 

What is your confusion with that?

 

I'm not sure what it is that the board can't choose not to accept.

 

Edited to add: Ah ha! They can't choose not to accept the withdrawal of the resignations.

 

Edited to add: streve might also want to take a look at FAQ #18 and Official Interpretation 2006-19.

[Guest steve]

Our bylaws state that the resignation are effective immediately they were accepted immediately

does that mean they are no longer Board members

[Gary Novosielski]

Our bylaws state that the resignation are effective immediately they were accepted immediately

does that mean they are no longer Board members

 

If that's what your bylaws say.   Once a resignation is accepted, the member becomes a former member.  They can always run again in the future, if they like.

[jstackpo]

"Immediately" with respect to what?

[Josh Martin]

Our bylaws state that the resignation are effective immediately they were accepted immediately

does that mean they are no longer Board members

 

If the resignations have been accepted, they are no longer board members. At this point, they couldn't withdraw their resignations even if the board wanted to let them.