What does accepting a resignation really mean?

[Guest andrea miller]

If a board president submits a resignation to be effective immediately, is board acceptance of the resignation a formality acknowledging receipt of the resignation or is a vote of acceptance required? If/when a vote occurs and a majority does not prevail can the resigning member continue in office. Is this crazy or what?

[Timothy]

It is more than a formality because there could be some reason why failing to fulfill his original commitment would cause the organization problems, so they are unwilling to release him from that commitment. Most of the time it really doesn't matter because pretty much anyone can step in and do the job. If the organization doesn't accept the resignation, failure of the president to fulfill his commitment could be seen as a breach of contract, so yes, the member who attempted to resign should continue in office.

[Richard Brown]

The acceptance of a resignation is not just a formality.   Here is what RONR says about resignations on page 291:

 

"If a member who has accepted an office, committee assignment, or other duty finds that he is unable to perform it, he should submit his resignation. A resignation is submitted in writing, addressed to the secretary or appointing power; alternatively, it may be submitted during a meeting either orally or in writing.* By submitting a resignation, the member is, in effect, requesting to be excused from a duty. The chair, on reading or announcing the resignation, can assume a motion "that the resignation be accepted."
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."

 

This topic comes up from time to time in this forum and I believe most regular contributors are of the opinion that formal acceptance of resignation, while certainly advisable, may not be absolutely necessary and that other actions of the society, such as by filling the vacancy, amount to an acceptance of the resignation.

 

Keep in mind, also, that the bylaws of some organizations  provide that resignations are effective upon receipt and that formal acceptance is not necessary.  Check your own bylaws.