Steve Lee Posted September 11, 2017 at 09:15 PM Report Share Posted September 11, 2017 at 09:15 PM Does the following section apply to employees? ACTIONS THAT CANNOT BE RESCINDED OR AMENDED. The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances: a) When it has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider (37). When something has been done, as a result of the vote on the main motion, that is impossible to undo. (The unexecuted part of an order, however, can be rescinded or amended.) c) When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. (The only way to reverse an expulsion is to follow whatever procedure is prescribed by the bylaws for admission or reinstatement. For the case of an election, see pp. 653–54 regarding removal of a person from office.) Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted September 11, 2017 at 09:38 PM Report Share Posted September 11, 2017 at 09:38 PM No, unless the employee is a member or officer of the organization and had resigned or was elected to or expelled from membership or office. Quote Link to comment Share on other sites More sharing options...
Steve Lee Posted September 12, 2017 at 12:34 AM Author Report Share Posted September 12, 2017 at 12:34 AM That's the way I read it as well. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 12, 2017 at 02:46 AM Report Share Posted September 12, 2017 at 02:46 AM 5 hours ago, Steve Lee said: Does the following section apply to employees? ACTIONS THAT CANNOT BE RESCINDED OR AMENDED. The motions to Rescind and to Amend Something Previously Adopted are not in order under the following circumstances: a) When it has previously been moved to reconsider the vote on the main motion, and the question can be reached by calling up the motion to Reconsider (37). When something has been done, as a result of the vote on the main motion, that is impossible to undo. (The unexecuted part of an order, however, can be rescinded or amended.) c) When a resignation has been acted upon, or a person has been elected to or expelled from membership or office, and the person was present or has been officially notified of the action. (The only way to reverse an expulsion is to follow whatever procedure is prescribed by the bylaws for admission or reinstatement. For the case of an election, see pp. 653–54 regarding removal of a person from office.) Could you please clarify what the situation is? Quote Link to comment Share on other sites More sharing options...
Steve Lee Posted September 12, 2017 at 03:13 PM Author Report Share Posted September 12, 2017 at 03:13 PM Yes, certainly. An employee of our nonprofit organization gave her resignation a while back. Her resignation was accepted by the board of directors. Subsequently, she offered to rescind her resignation and continue in her job past the original termination date. The passage above was used as a rationale for not accepting her letter of recension. Quote Link to comment Share on other sites More sharing options...
Hieu H. Huynh Posted September 12, 2017 at 03:22 PM Report Share Posted September 12, 2017 at 03:22 PM Whoever hired her before could hire her again. Quote Link to comment Share on other sites More sharing options...
J. J. Posted September 12, 2017 at 03:41 PM Report Share Posted September 12, 2017 at 03:41 PM 18 minutes ago, Hieu H. Huynh said: Whoever hired her before could hire her again. This. There is no prohibition in RONR against rehiring the person. Quote Link to comment Share on other sites More sharing options...
Josh Martin Posted September 12, 2017 at 03:52 PM Report Share Posted September 12, 2017 at 03:52 PM 31 minutes ago, Steve Lee said: Yes, certainly. An employee of our nonprofit organization gave her resignation a while back. Her resignation was accepted by the board of directors. Subsequently, she offered to rescind her resignation and continue in her job past the original termination date. The passage above was used as a rationale for not accepting her letter of recension. I think it is correct that the board may not rescind the resignation after it has been accepted - not because of the bolded passage, but because it is an action which is impossible to undo. Nonetheless, the board is free to rehire this person if it wishes to to so. Quote Link to comment Share on other sites More sharing options...
Steve Lee Posted September 13, 2017 at 12:48 PM Author Report Share Posted September 13, 2017 at 12:48 PM Thank you all for your input. Quote Link to comment Share on other sites More sharing options...
Gary Novosielski Posted September 15, 2017 at 05:47 PM Report Share Posted September 15, 2017 at 05:47 PM On 9/12/2017 at 11:13 AM, Steve Lee said: Yes, certainly. An employee of our nonprofit organization gave her resignation a while back. Her resignation was accepted by the board of directors. Subsequently, she offered to rescind her resignation and continue in her job past the original termination date. The passage above was used as a rationale for not accepting her letter of recension. I agree with Josh. Even if not a member, the situation is governed by paragraph b, rather than paragraph c. Once an action has been completed--and acceptance of a resignation is only one example--it is no longer subject to amendment. Quote Link to comment Share on other sites More sharing options...
Guest MMM Posted November 8, 2019 at 07:02 AM Report Share Posted November 8, 2019 at 07:02 AM I'm not sure which topic to put this under, but it has to do with resignation, so here goes. We have a small club and four of our members stormed out of the meeting after the results of our officer elections for 2020 were read. Three of which were on the Executive Committee. Two sent in their resignation letters immediately following the event. However, the third will not respond to attempted communications to find out whether or not they have resigned. Now this just happened yesterday, so not much time has passed. What is the proper procedure to resolve this? As the secretary of the club, should I be sending a letter in the mail and waiting some specified amount of time for a response before considering the person resigned? Our Bylaws do not have anything written regarding AWOL Board members. Thank you for your help. Quote Link to comment Share on other sites More sharing options...
Atul Kapur Posted November 8, 2019 at 07:06 AM Report Share Posted November 8, 2019 at 07:06 AM We ask that you post new questions as a new thread, rather than adding to others. Please do so, and please do it under General rather than Advanced. Quote Link to comment Share on other sites More sharing options...
Guest MMM Posted November 8, 2019 at 05:00 PM Report Share Posted November 8, 2019 at 05:00 PM Well, the situation is resolved. The person finally responded and sent in their resignation. Quote Link to comment Share on other sites More sharing options...
George Mervosh Posted November 8, 2019 at 06:22 PM Report Share Posted November 8, 2019 at 06:22 PM 1 hour ago, Guest MMM said: Well, the situation is resolved. The person finally responded and sent in their resignation. If all you have are letters of resignation, nothing is resolved. Those resignations must be accepted by the body authorized to do so before they are official. I'd make sure that is tended to quickly before one (or all) of them changes their mind. http://www.robertsrules.com/faq.html#18 Quote Link to comment Share on other sites More sharing options...
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