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Resignation of the Chairman of the Board and later on Withdrawal of his Resignation


Anne
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The Chairman of the Board and Council surprised the Board and the members when he announced his Resignation to be effective at the end of the month in the General Assembly meeting. It follows that he informed everyone that the Vice Chairman will effectively be the Chairman starting the 1st of the next month. He also send an official letter of his resignation via email address to the Executive Board and no one has replied or even acknowledge his email.

The resigning Chairman now called for a Special and Urgent Board Meeting and he announce that he will be withdrawing his Resignation and did apologize to the board for the actions he made. On his letter, he cited reasons that will validate his resignation and now the board started questioning him on the reasons stated in his letter. After hearing the opinion of everyone, the withdrawal of resignation was put on votation. The result came that majority members of the board is not accepting his resignation and it was a divided house already. The Chairman being frustrated with the result conceded and an election for the replacement of Vice Chairman happened. Therefore, there is a new Chairman and Vice Chairman of the Board and the meeting adjourned with the Chairman losing his seat in the board.

The next day, a member of the board informed everyone that the proceedings of the meeting is null and void since the board did not accept the resignation of the Chairman thus his withdrawal is still valid and no discussions or actions taken should had happened after his announcement. Since no comment has been heard from any members of the board, the Chairman has just decided to step down just to save the board despite of the new confirmation received regarding the validity of his resignation.

Question: Since the Chairman post is elected by the general assembly, should the members be informed of what had transpired during the executive board meeting. Can the general assembly revoke the decision of the executive board for ousting the chairman by not accepting the withdrawal of his resignation.

Appreciate to hear your comments and feedback. Thanking you in advance and more power.

 

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4 hours ago, Anne said:

The next day, a member of the board informed everyone that the proceedings of the meeting is null and void since the board did not accept the resignation of the Chairman thus his withdrawal is still valid and no discussions or actions taken should had happened after his announcement.

In my opinion this is correct. Once the chairman expressed his desire to withdraw his resignation then there was nothing to vote on. Everything that took place after his withdrawal was a product of confusion and possibly an illicit act concerning the election of a new vice-chairman. At the next general assembly meeting I would bring this subject to the attention of the membership, after all they are going to find out one way or the other. And yes, the general membership can issue an order which the board must carry out. Nevertheless, a simple statement of fact that the chairman and vice-chairman are still in their respective offices and that the acts of the board in this case are null is probably sufficient.

 

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3 hours ago, Guest Zev said:

Once the chairman expressed his desire to withdraw his resignation then there was nothing to vote on. Everything that took place after his withdrawal was a product of confusion and possibly an illicit act concerning the election of a new vice-chairman.... Nevertheless, a simple statement of fact that the chairman and vice-chairman are still in their respective offices and that the acts of the board in this case are null is probably sufficient.

What exception to the timeliness requirement are you using to make this statement? I can see that this argument would make sense if raised at the time, but not in this case where it was raised "the next day".

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55 minutes ago, Atul Kapur said:

What exception to the timeliness requirement are you using to make this statement? I can see that this argument would make sense if raised at the time, but not in this case where it was raised "the next day".

Improperly removing officers and electing new ones probably violated the bylaws six ways.

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3 hours ago, Atul Kapur said:

What exception to the timeliness requirement are you using to make this statement?

I'm not seeing anything that relies on a timely Point Of Order. Once the chairman withdrew his resignation that was the end of it.

Here is what I think really happened.

The board then subjected the chairman to was is in effect a trial by ordeal and by means of subterfuge and sheer exhaustion tricked the chairman into additional statements under duress which they claimed gave them the authority to perform the acts they did. So in one single evening the board gets rid of the chairman, gets rid of the vice-chairman, and elects of its own volition a new chairman and new vice-chairman, all of this not only without the intervention of the assembly membership, but also without them even knowing what took place and the circumstances surrounding it. This whole thing stinks to high heaven. It would not surprise me one bit if the assembly taking notice of the details of this case decides to start disciplinary measures against the remaining board members and kick them to the door.

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5 hours ago, Atul Kapur said:

What exception to the timeliness requirement are you using to make this statement? I can see that this argument would make sense if raised at the time, but not in this case where it was raised "the next day".

Removing a person from office (except through the proper procedures to do so) is a continuing breach as it conflicts with a main motion previously adopted and still in force (the election of the officer).

Edited by Josh Martin
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