Post meeting Resignation

[Guest RRNEWBE]

Situation:

1. There are no bylaws about resignation
2.  Member resigns after meeting ends  Verbally to the President and Vice President
   1. Member does not want dues returned
3.  Both President and Vice President accept  resignation and return dues.
4. Member cashes check for returned dues.

Is there a problem with this? I think the member did not want the refund because he was going to recind resignation

[Gary Novosielski]

It's not clear from your question where the President and Vice President got the authority to accept the resignation or return dues.  Do you have rules on this in your bylaws perhaps

It sounds like this is a done deal at this point, but if you think rules were broken, and no meeting has occurred since all this happened, you may have options.  Let us know.

[Richard Brown]

At the next meeting, a motion should be made to accept the member's resignation.  Until the resignation has been acted on, the member may indeed rescind it per the rules in RONR.   As a practical matter, the fact that the member accepted the dues refund can be considered as evidence that he did in fact resign.

Edited to add:  Mr. Novosielski  and I were posting at the same time.  I agree that if either the president or vice president is authorized to accept resignations, then it is a done deal.

Edited June 12, 2018 at 06:17 PM by Richard Brown
Added last paragraph

[Josh Martin]

4 hours ago, Guest RRNEWBE said:

Situation:

1. There are no bylaws about resignation
2.  Member resigns after meeting ends  Verbally to the President and Vice President
   1. Member does not want dues returned
3.  Both President and Vice President accept  resignation and return dues.
4. Member cashes check for returned dues.

Is there a problem with this? I think the member did not want the refund because he was going to recind resignation

The member’s resignation was not valid to begin with, since a resignation is submitted orally during a meeting or in writing to the Secretary or appointing power. Additionally, it is the society (or the board, if authorized to act for the society between meetings of the society) who is empowered to accept the resignation, not the President and Vice President.

The member should either return the dues to the society or submit a proper resignation - whichever he prefers.

Edited June 12, 2018 at 10:11 PM by Josh Martin

[Guest RRNEWBE]

I don't know if anything was done wrong.  I am the Newbee.  There is nothing in our bylaws about resignation procedures. The member just went to those two officiers and resigned. Dues were offered and returned as a jesture of good will. The member was unhappy with the association they tried to remidy the situation.  I ask because I want to know what to do if this happens again. there has been no other meeting just a banquet.

 

 

5 minutes ago, Gary Novosielski said:

It's not clear from your question where the President and Vice President got the authority to accept the resignation or return dues.  Do you have rules on this in your bylaws perhaps

It sounds like this is a done deal at this point, but if you think rules were broken, and no meeting has occurred since all this happened, you may have options.  Let us know.

13 minutes ago, Guest RRNEWBE said:

Situation:

1. There are no bylaws about resignation
2.  Member resigns after meeting ends  Verbally to the President and Vice President
   1. Member does not want dues returned
3.  Both President and Vice President accept  resignation and return dues.
4. Member cashes check for returned dues.

Is there a problem with this? I think the member did not want the refund because he was going to recind resignation

 

[Richard Brown]

9 minutes ago, Josh Martin said:

The member’s resignation was not valid to begin with, since a resignation is submitted orally during a meeting or in writing to the Secretary or appointing powe. Additionally, it is the society (or the board, if authorized to act for the society between meetings of the society) who is empowered to accept the resignation, not the President and Vice President.

The member should either return the dues to the society or submit a proper resignation - whichever he prefers.

While I agree that a resignation SHOULD be submitted in writing, and that the language on page 291 says that "A resignation is submitted in writing, addressed to the secretary or appointing power. . . ", (although it can be submitted orally in a meeting), I do not believe that submitting a resignation outside of a meeting in writing to the secretary is an absolute pre-requisite to a valid resignation.  I think submitting it in writing to the secretary or appointing power is more of a "should" rule designed to prevent "he said-she said"  disputes as to whether a member has actually tendered a resignation.  Surely, at some point, if a member has verbally resigned and at the next meeting the society accepts the verbal resignation and months or years go by without the member paying any more dues or attending any further meetings, it can be concluded that he has, in fact, resigned.  I would say the same thing as to a written resignation submitted to the president rather than the secretary.   I cannot even conceive of a court ordering such a "member/former member" to pay back dues on the ground that the resignation was verbal and not in writing or submitted to the president rather than the secretary.

I do agree that in this particular case, the society could perhaps take the position that the member has not resigned and refuse to accept the proffered verbal resignation, but then it has to contend with the fact that the dues have already been returned and the member has accepted the payment.   It's time to move on.  I  say he has resigned.  But, in the future, get it in writing. 

 

[Guest Who's Coming to Dinner]

24 minutes ago, Guest RRNEWBE said:

I ask because I want to know what to do if this happens again. there has been no other meeting just a banquet.

Tell your members to either resign verbally at a meeting, or to send a letter of resignation to the Secretary. This should also be the response of any officer to whom a resignation is offered outside a meeting.

[Josh Martin]

3 hours ago, Guest RRNEWBE said:

I ask because I want to know what to do if this happens again. 

If a member verbally indicates his wish to resign to an officer outside of a meeting in the future, the officer should inform the member that in order to resign he must offer his resignation at the next meeting or submit it in writing to the Secretary. Action may then be taken by the  society (or perhaps the board) to accept the resignation at a meeting. It also seems to me that any refund of dues would be up to the society (or perhaps the board) rather than individual officers, unless your rules provide otherwise.

3 hours ago, Richard Brown said:

I do agree that in this particular case, the society could perhaps take the position that the member has not resigned and refuse to accept the proffered verbal resignation, but then it has to contend with the fact that the dues have already been returned and the member has accepted the payment.   It's time to move on.  I  say he has resigned.  But, in the future, get it in writing.  

There appears to be some dispute over whether the member still wishes to resign. There is also the question of whether the President and Vice President has the authority to refund the dues. I am not so certain it is time to move on.