Accepting the Resigntion of Board Member

[Guest Dan]

All,

We are a residential, non- profit co-op Board of Directors facing the following condition. The Board consists of 5 members, one of which has submitted a written and signed letter of resignation, which has not yet been accepted by the board. The other four members are equally split on accepting the resignation. The question is this: Is the formal written resignation of a board member automatically accepted ("counted") as an affirmative vote to accept said resignation. In other words, can the resigning member vote to accept his own resignation? If not, we are left 2 to 2 failure to accept and I believe in a stalemate tie. Thank you for your expert opinions. 

[Hieu H. Huynh]

A member has the right to vote until that person is no longer a member.

[Hieu H. Huynh]

Also, a tie defeats the motion.

[Richard Brown]

47 minutes ago, Guest Dan said:

The question is this: Is the formal written resignation of a board member automatically accepted ("counted") as an affirmative vote to accept said resignation. In other words, can the resigning member vote to accept his own resignation?

 

4 minutes ago, Hieu H. Huynh said:

A member has the right to vote until that person is no longer a member.

I agree that a member has the right to vote up until his resignation is accepted, but the resignation itself does not count as a vote. It is, rather, the document which is being voted on.

Also, a motion fails on a tie vote, so as long as there is a tie, the resignation has not been formally accepted.

[Guest Dan]

If I follow the opinions correctly, the submission of the resignation letter then, in and of itself does not count as a vote, but rather, initiates the need for a motion, upon which the resigning member can vote, correct? Either a vote to not accept (by the resigning member) or a failure by that resigning member to vote at all, would result in a failure of the motion, either by a tie, or out & out failure, under the conditions I've described. Correct? Said another way, the resigning member could defeat his intent to resign, by not voting, all other conditions remaining the same. 

 

[Richard Brown]

2 minutes ago, Guest Dan said:

If I follow the opinions correctly, the submission of the resignation letter then, in and of itself does not count as a vote, but rather, initiates the need for a motion, upon which the resigning member can vote, correct? Either a vote to not accept (by the resigning member) or a failure by that resigning member to vote at all, would result in a failure of the motion, either by a tie, or out & out failure, under the conditions I've described. Correct? Said another way, the resigning member could defeat his intent to resign, by not voting, all other conditions remaining the same. 

 

Based on your description of the way the votes are expected to be cast, you are correct.

[Guest Dan]

Thank you very much.

 

[Gary Novosielski]

3 hours ago, Guest Dan said:

All,

We are a residential, non- profit co-op Board of Directors facing the following condition. The Board consists of 5 members, one of which has submitted a written and signed letter of resignation, which has not yet been accepted by the board. The other four members are equally split on accepting the resignation. The question is this: Is the formal written resignation of a board member automatically accepted ("counted") as an affirmative vote to accept said resignation. In other words, can the resigning member vote to accept his own resignation? If not, we are left 2 to 2 failure to accept and I believe in a stalemate tie. Thank you for your expert opinions. 

The member may vote to accept his own resignation if he is present at the meeting.  The letter itself cannot be accepted as a vote.

[Josh Martin]

13 hours ago, Guest Dan said:

If I follow the opinions correctly, the submission of the resignation letter then, in and of itself does not count as a vote, but rather, initiates the need for a motion, upon which the resigning member can vote, correct? Either a vote to not accept (by the resigning member) or a failure by that resigning member to vote at all, would result in a failure of the motion, either by a tie, or out & out failure, under the conditions I've described. Correct? Said another way, the resigning member could defeat his intent to resign, by not voting, all other conditions remaining the same. 

If the resigning member no longer wishes to resign, he may simply withdraw his resignation, since the question on accepting it has not yet been stated by the chair.

I would also note that (assuming the member still wishes to resign), there is generally no purpose in rejecting the resignation unless it is intended to discipline the member instead.

Edited August 7, 2018 at 05:25 PM by Josh Martin

[Atul Kapur]

Agreeing with Mr. Martin that a resignation should be accepted at the first opportunity unless there is a specific wish to discipline the member or, for example, the member is in arrears on dues and you want them paid up before you accept the resignation.

Why don't the 2 want to accept the resignation? Do they think the person will willingly and completely fulfill the duties of the position if they're forced to stay on?