Resignation of officer

[Prism]

Officer turned in her resignation to the training office (she is in charge of all training) and turned in all reports she is required to do for her position.  Did not finish so her duties had to be finished by the chairman.  Her resignation was excepted and the other officers in line were sent an email about the vacancy.  In the past, we have had three other officers turn in their resignation and they were accepted without anyone at the executive level needing to do anything.  It seems now she wants to stay and there are some in the executive council that says it wasn't a good resignation because the executive  council didn't get it.  But she resigned to the training officer and she did not fulfill her duties as elected.  Can this executive council let her stay even though in the past they took the other resignation as turned in....because that is the way they handled resignations in the past, did they set a precedent?  There is nothing in our constitution that specifically deals with who do you turn a resignation into..

[Chris Harrison]

What does your Constitution say regarding resigning?  The default position is the body which is empowered to fill a vacancy is the body which is empowered to accept the resignation creating said vacancy (RONR p. 467).  Who is empowered to appoint/elect this officer's successor?

Edited May 28, 2018 at 11:53 PM by Chris Harrison
Added citation

[Richard Brown]

Well, besides knowing who or what body is responsible for filling vacancies, I think it is important to know what the Constitution says about submitting resignations. Do the Constitution or bylaws specify who a resignation should be submitted to?

[J. J.]

Did the resignation actually come before the body that can accept resignations?

[Gary Novosielski]

It sounds like the executive council wants here to stay on.  If that's the case and they never accepted her resignation, she can withdraw it.  In fact, even if that's not the case and they never accepted it, she can withdraw it.

This presumes the EC is the body that accepts resignations. If so, they should get in the habit of doing things correctly.  Just because rules were followed poorly in the past is not a reason to ignore them in the future.

 

[Josh Martin]

1 hour ago, Gary Novosielski said:

It sounds like the executive council wants here to stay on.  If that's the case and they never accepted her resignation, she can withdraw it.  In fact, even if that's not the case and they never accepted it, she can withdraw it.

This presumes the EC is the body that accepts resignations. If so, they should get in the habit of doing things correctly.  Just because rules were followed poorly in the past is not a reason to ignore them in the future.

I concur with all of this and would note that if the Executive Council is the body to fill vacancies, it could allow her to stay on even if it had accepted her resignation, by electing her to fill the vacancy. So if the Executive Council is indeed the body which is authorized to fill vacancies, this all seems to be much ado about nothing. If both the resigning officer and the body which is empowered to fill the resulting vacancy wishes for the person to stay on, then this person will stay on one way or another.