Acknowledging a board member's resignation

[Guest tina]

When a board member submits a letter of resignation can the remaining board members refuse to accept it by "not seconding" a motion to  acknowledge? For that matter, does " to acknowledge" require a motion and a second?

I thought resignations were simply acknowledged ( not voted on) followed by a statement of acceptance in the minutes. Any clarity would be greatly appreciated.

[jstackpo]

A "resignation" is a "request to be excused..."  --  p. 289  --  and as such has to be acted upon.  Such action is the result of adopting a motion.  There may have been unanimous consent to adopt the acceptance motion, and hence no actual vote, but it is still an action by the board.  That's not an "acknowledgment"; it is a motion for acceptance.

 

Since seconds are not required in meetings of (small) boards  --  p. 488  --  "not seconding" makes no difference.  The only way to refuse to accept the resignation is by defeating the properly made motion to accept.

[Edgar Guest]

It's also possible (though perhaps unlikely) that the board might not be the proper body to accept (or reject) the resignation of a board member.

[Richard Brown]

I think it bears keeping in mind that the bylaws of many organizations provide that resignations are effective upon receipt by a certain officer.  In those cases, there is no need to formally accept the resignation. 

 

We  tend to repeatedly tell people on here that a resignation is not effective until it has been accepted.  That is simply not always the case.  It depends on the bylaws.  It's one of those "unless your bylaws provide otherwise" situations.

 

I know:  Just about everything in RONR can be said to be "unless your bylaws provide otherwise".  But, I have seen enough bylaws that provide for a resignation becoming effective upon receipt that I think  it bears pointing out that caveat in our answers.

[George Mervosh]

I think it bears keeping in mind that the bylaws of many organizations provide that resignations are effective upon receipt by a certain officer.  In those cases, there is no need to formally accept the resignation. 

 

We  tend to repeatedly tell people on here that a resignation is not effective until it has been accepted.  That is simply not always the case.  It depends on the bylaws.  It's one of those "unless your bylaws provide otherwise" situations.

 

I know:  Just about everything in RONR can be said to be "unless your bylaws provide otherwise".  But, I have seen enough bylaws that provide for a resignation becoming effective upon receipt that I think  it bears pointing out that caveat in our answers.

 

Hmmm.  We don't hang around with the same crowd.  Nevertheless, unless you like to type, it's just as easy to put a caveat in your signature.  Then you can provide the one word answers that we've come to know and love here on the RONR board.   

[Maggiezz]

An officer of a Board submits notice of resignation from the Board at a regular meeting.  The resignation is not accepted by the Board at that time; no motion, no vote.  The officer laters decides to withdraw the resignation - more than 6 days before the next Board meeting.  The ByLaws are silent. How is the withdrawal handled?  Can the Board reject the withdrawal and under what circumstances?  If the withdrawal is rejected, can the Board then vote on the original resignation?  Maggiezz

[jstackpo]

Since a resignation is a request, if the resignation is withdrawn by the requestor (as he obviously can), there is nothing to act upon one way or another.

[Richard Brown]

Since a resignation is a request, if the resignation is withdrawn by the requestor (as he obviously can), there is nothing to act upon one way or another.

As a general rule, I agree completely.  However, isn't this complicated at least a little bit by the fact that the officer submitted his resignation during a board meeting?  Ideally the resignation should have been accepted....assuming the board has the authority to accept a resignation... but might the actions of the chairman and the board at that meeting amount to a constructive acceptance of the resignation, much like proceeding to fill the vacancy does? 

 

It seems to me that a little more detail about exactly what the president said when the resignation was tendered and whether any other mention was made of it during the meeting might be helpful.  If there were any comments about the resignation by the president or the resigning officer or by other board members, such as wishing him well, or him turning over his organization files to the secretary or his successor, or talking about how to go about filling the vacancy, that could indicate that the assembly constructively accepted his resignation by unanimous consent.

 

btw, Maggiez. it's a bit late for now, but next time please post your question as a new topic even if it seems to fit in with an existing topic.  The forum works  best that way.  Think of this topic and thread as Guest Tina's thread.  Click here for how to start a new topic.  It's the pinned first post in the general discussion forum that says, "Important, read this first":  http://robertsrules.forumflash.com/index.php?/topic/25416-important-read-this-first-information-for-new-members-and-guests/

[Maggiezz]

My apology for not starting this as a new topic.  I will certainly read the guidelines and comply.  Thank you.

 

I made yet another mistake by filling out a 'report', instead of the reply.

 

The Board member submitted the resignation toward the end of the mtg.  The President said that the Board would not accept the resignation; this was said in the context that she/they did not want the member to resign.  After several other members later made a plea for the member to reconsider, the member withdrew the resignation in writing about 7 days before the next Board meeting.   In the meantime, others on the Board in favor of the resignation are campaigning, and are looking into ways to make it happen.   So it is a divided Board now.  Question is what possible actions could the opposition take to make it happen?

[Edgar Guest]

I made yet another mistake by filling out a 'report', instead of the reply.

 

That's okay. Our Moderator will likely be grateful.

[Richard Brown]

The Board member submitted the resignation toward the end of the mtg.  The President said that the Board would not accept the resignation; this was said in the context that she/they did not want the member to resign.  After several other members later made a plea for the member to reconsider, the member withdrew the resignation in writing about 7 days before the next Board meeting.  

Based on the additional information above, it seems clear to me that the resignation was not accepted and that the member who submitted it had the right to withdraw it.  The situation you described about other members not wanting him to resign and wanting him to reconsider is quite common.  He's still  in.  Tough luck for those who wanted to fill his vacancy.

[Josh Martin]

The Board member submitted the resignation toward the end of the mtg.  The President said that the Board would not accept the resignation; this was said in the context that she/they did not want the member to resign.  After several other members later made a plea for the member to reconsider, the member withdrew the resignation in writing about 7 days before the next Board meeting.   In the meantime, others on the Board in favor of the resignation are campaigning, and are looking into ways to make it happen.   So it is a divided Board now.  Question is what possible actions could the opposition take to make it happen?

 

The board members who wanted him gone should have immediately moved to accept his resignation. At this point, there isn't anything they can do regarding the resignation - it's withdrawn. If they still want him gone, they'll need to look into more forceful methods to remove him. See FAQ #20.

[Gary Novosielski]

My apology for not starting this as a new topic.  I will certainly read the guidelines and comply.  Thank you.

 

I made yet another mistake by filling out a 'report', instead of the reply.

 

The Board member submitted the resignation toward the end of the mtg.  The President said that the Board would not accept the resignation; this was said in the context that she/they did not want the member to resign.  After several other members later made a plea for the member to reconsider, the member withdrew the resignation in writing about 7 days before the next Board meeting.   In the meantime, others on the Board in favor of the resignation are campaigning, and are looking into ways to make it happen.   So it is a divided Board now.  Question is what possible actions could the opposition take to make it happen?

 

None.  The resignation has been withdrawn.  There is nothing left for the board to "make happen".  It had the opportunity to act in a timely manner and failed to do so.  

 

As is so often the case, snoozing, in this instance, equates to losing.

[Guest Board Member]

Ok Here’s a doozie, what happens if The Whole Board resigns because of Non Confidence in the ED? The ED had threatened some Board members with a lawsuit they felt they didn’t have a choice but to resign and the rest of the Board followed. Now the organization has only one Board member and the ED. Can the Board rescind their resignations to save the organization?

[Guest Who's Coming to Dinner]

24 minutes ago, Guest Board Member said:

Ok Here’s a doozie, what happens if The Whole Board resigns because of Non Confidence in the ED? The ED had threatened some Board members with a lawsuit they felt they didn’t have a choice but to resign and the rest of the Board followed. Now the organization has only one Board member and the ED. Can the Board rescind their resignations to save the organization?

As noted exhaustively above, the resignations are not effective until they have been accepted. The near-ex-board members can withdraw their resignations at any time before they are accepted. 

[Gary Novosielski]

This is a very old thread.  Please post current questions by starting a new Topic, as explained in the first message on the forum.