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Voiced Resignation and Conflicting State Statute


Guest LakeBS

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A Board member resigned at the end of a contentious discussion. Our bylaws specify that a resignation must have a majority of the board vote to accept. The motion to accept was postponed. State statue for nonprofits state resignations must be written with an effective by date. 

Is the resignation dead?

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30 minutes ago, Guest LakeBS said:

A Board member resigned at the end of a contentious discussion. Our bylaws specify that a resignation must have a majority of the board vote to accept. The motion to accept was postponed. State statue for nonprofits state resignations must be written with an effective by date. 

Is the resignation dead?

Questions regarding the meaning of state statutes are beyond the scope of RONR and this forum.

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1 hour ago, Guest LakeBS said:

A Board member resigned at the end of a contentious discussion. Our bylaws specify that a resignation must have a majority of the board vote to accept. The motion to accept was postponed. State statue for nonprofits state resignations must be written with an effective by date. 

Is the resignation dead?

Are you sure about "State statue for nonprofits state resignations must be written with an effective by date. " ? 

Sounds rather impossible,  but do consult a lawyer.

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While not addressing any particular statute, a procedural rule included in statute, if violated, will void the action.

Assume that there is a statute that binds the organization and requires that a written resignation be submitted to be valid.  Any action taken to approve an unwritten resignation would be null and void.  The person would remain.

Now, is this what statute says?  If so, does the statue apply to this organization?  Those question are beyond the scope of this forum. 

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