Resignation accepted by unanimous consent?

[Guest Dave]

Our annual meeting and elections were held in June.  During the election, a worthy candidate who had properly submitted an application to run for an open position on the board was not placed on the ballot because "Mr. So and So has resigned as of July 31 and she will be appointed to fill that vacancy".  I pointed out that that was no reason to not put her on the ballot and asked if she could be nominated from the floor.  I was told "no because that's not necessary - everything has already been taken care of - Mr. So and So has resigned as of July 31 and she will be appointed to fill that vacancy."  

So - the resignation was announced by the president but never put before the body.  Several weeks after the election, Mr. So and So  "changed his mind" and decided not to resign.  

Since the president announced the resignation at the annual meeting - in the presence of the "gentleman" who submitted his resignation - can we say that his resignation was accepted by unanimous consent and therefore he can not simply unilaterally change his mind?   

[Chris Harrison]

Since the president announced the resignation at the annual meeting - in the presence of the "gentleman" who submitted his resignation - can we say that his resignation was accepted by unanimous consent and therefore he can not simply unilaterally change his mind?   

 

Yes on two fronts:

1) A resignation that has been accepted cannot be later rescinded  (RONR p. 308 ll. 24-30), and

2) Even if the resignation hadn't been accepted yet it cannot be withdrawn unilaterally after the Chair has stated the question (RONR pp. 295-296).

[Richard Brown]

So - the resignation was announced by the president but never put before the body.  Several weeks after the election, Mr. So and So  "changed his mind" and decided not to resign.  

Since the president announced the resignation at the annual meeting - in the presence of the "gentleman" who submitted his resignation - can we say that his resignation was accepted by unanimous consent and therefore he can not simply unilaterally change his mind?   

 

Yes on two fronts:

1) A resignation that has been accepted cannot be later rescinded  (RONR p. 308 ll. 24-30), and

2) Even if the resignation hadn't been accepted yet it cannot be withdrawn unilaterally after the Chair has stated the question (RONR pp. 295-296).

 

I'm not altogether convinced that the purported resignation was a "done deal".   The reference Mr. Harrison made to page 308 refers to resignations that "have been acted upon".  I'm not convinced this resignation has been "acted upon" in the sense that it has been accepted... if acceptance is required.   In addition, I'm not convinced that the citation to withdrawing a motion cited on pages 295-296 is applicable.  I'm not convinced that there was any kind of motion actually pending.  I read Guest Dave's comment as indicating what the chair did was more in the nature of simply making an announcement that Mr. X has resigned.  The answers to the following questions would help me to make up my own mind:

 

1.  What, if anything, do the bylaws say about resignations?   Is tendering a resignation enough?  Or must it be accepted?  It it must be accepted, who or what body must accept it?

2.  What exactly did the purported resignation say?  Was it in writing?  For example: did it say "I intend to resign effective July 31"?  Or did it say, "I hereby resign (or tender my resignation) effective July 31"?  The first example is merely an indication of an intent to resign on a future date.  It is not an actual resignation.  The second example is a resignation to become effective on a date certain.

 

I agree that the assembly could likely treat this as an actual resignation that was effectively accepted when the president announced it at a meeting in the presence of the member who was resigning and no one objected or raised a point of order.

 

That is probably a matter of interpreting what actually happened and is a decision that the assembly might have to make. 

 

I think a member could (and maybe should) raise a point of order that Mr. X resigned effective July 31 and that the assembly accepted the resignation by unanimous consent (if acceptance by the assembly is required) and that there is therefore a vacancy on the board created by said resignation.  The chair rules on the point of order.  His ruling can be appealed to the assembly.  It takes a majority vote to overturn the ruling of the chair.

[Guest Dave]

The bylaws state that "a board member may resign from the BOD by providing written notice of resignation to the President, or in the case of the President, to the Board."  

The problem is that I don't know what the exact working was or for that matter whether or not it was in fact in writing - but I will certainly try to find out.

Thanks for your input - you've already been more helpful than the officers present at the meeting!