Guest Andy Posted October 20, 2015 at 10:27 PM Report Share Posted October 20, 2015 at 10:27 PM Our board was presented with a motion to "accept the resignation " of the president. The motion passed on the 50% rule. But the by laws state a 3/4 vote is required to remove a director. Is the motion invalid? How do we un-do this mess? Link to comment Share on other sites More sharing options...
Chris Harrison Posted October 20, 2015 at 10:42 PM Report Share Posted October 20, 2015 at 10:42 PM A resignation from office is a totally different animal than a removal from office. A resignation is a voluntary action (of the officer) while removal from office is almost certainly not something the officer is on board with. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 20, 2015 at 10:44 PM Report Share Posted October 20, 2015 at 10:44 PM Our board was presented with a motion to "accept the resignation " of the president. The motion passed on the 50% rule. But the by laws state a 3/4 vote is required to remove a director. Is the motion invalid? How do we un-do this mess?Did the President resign? A majority is sufficient to accept a resignation. So if that's the situation, the motion is valid and there isn't any "mess."If the President did not resign, then the motion is indeed invalid, as you can't accept a resignation that hasn't been offered. If the intent was to remove the President instead, then the motion should have said so. To fix this mess, a member would raise a Point of Order that the motion is invalid on the grounds that there was no resignation to accept, followed by an Appeal if necessary. Link to comment Share on other sites More sharing options...
Richard Brown Posted October 20, 2015 at 11:35 PM Report Share Posted October 20, 2015 at 11:35 PM The way I read originally read the the OP's statement, the president resigned and the motion was to accept the resignation. If that's what happened, the motion was proper. But if the president did not resign, and they are trying instead to remove him, then they were going about it in the wrong way and the motion to "accept his resignation" is not valid because there is no resignation to accept. I'm also concerned about his references to the "50 percent rule" I'm not sure what he means by that. Is that actually what the bylaws say... 50 percent? 50 percent is not a majority. A majority is the usual requirement and means simply "more than half". 50 percent is exactly half and does not result in passage unless there is a customized rule to the contrary. If there really was a resignation and if the motion to accept the resignation received a majority of the votes (more than half), it passed, unless the bylaws provide otherwise. If there was no resignation and they are trying to remove the officer, our guest needs to study chapter XX of RONR or at least read FAQ No 20: http://www.robertsrules.com/faq.html#20 Link to comment Share on other sites More sharing options...
Richard Brown Posted October 20, 2015 at 11:38 PM Report Share Posted October 20, 2015 at 11:38 PM Did the President resign? A majority is sufficient to accept a resignation. So if that's the situation, the motion is invalid and there isn't any "mess."Did you perhaps intend to say that the motion is valid if it was to accept a resignation? The motion was to accept the president's resignation. The problem would be if there was no resignation to accept and it was an attempt to remove the director. Link to comment Share on other sites More sharing options...
Josh Martin Posted October 21, 2015 at 02:15 AM Report Share Posted October 21, 2015 at 02:15 AM Did you perhaps intend to say that the motion is valid if it was to accept a resignation? Yes. Link to comment Share on other sites More sharing options...
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