Resignation withdrawl and Nominations

[Guest Sam]

There is a situation currently that I'd like  some clarity if anyone can help.

 

Prior to the Nominations meeting an officer holding a position that is not expiring tendered resignation effective 2 months subsequent to nominations.

This resignation was presented to the assembly at the start of the Nominations meeting.

During the Nominations meeting the position was declared open for nominations.

Nominations were completed for positions including that position.

At the next meeting ,prior to installation of officers, the assembly was informed that the resignation had been withdrawn and that it was a valid withdrawl due to the effective date of the original resignation letter.

 

 

Questions:

Is the withdrawl of the resignation valid at this point such that the officer continues in duties until the term expires ?

If such is the case, how does that affect the validity and fairness of Nominations as the nomination to replace for the remainder of the term had been accepted by an eligible member.  This eligible member thus was ineligible for nomination to any other position.

Notes:

 As it stands currently, nominations for all positions were unopposed and nominations were closed.  Elections are not required due to the lack of opposition.

Installation of officers has not yet occurred.\

 

Thank you for any clarification and guidance.

 

 

 

 

[Dan Honemann]

56 minutes ago, Guest Sam said:

Prior to the Nominations meeting an officer holding a position that is not expiring tendered resignation effective 2 months subsequent to nominations.

This resignation was presented to the assembly at the start of the Nominations meeting.

What, exactly, happened next? Was any action taken on this resignation? That is to say, was any motion made to accept it or any vote taken on it? 

[Guest Guest Sam]

The president had accepted the resignation. the resignation was announced to the assembly and the position was declared open for nominations for the remainder of the term.

Id need to have the secretary review the minutes of that meeting to see if there was any motion specifically to accept.

 

It is common belief that the resigning officer intended to run for another position but was not nominated.

Our By-Laws state that an officer with an unexpired term who intends to run another position must resign and vacate the current position    As a matter of procedure, I believe that condition was not met due to the statement of an "effective" date in his letter that was 2 months subsequent from the Nominations meeting.  May be a case of him having his cake and eating it too,

the additional concern is with the validity of Nominations as this position's term had not, or is not expiring and the person nominated to fill this position would likely have been nominated for an alternate position.

 

[Dan Honemann]

34 minutes ago, Guest Guest Sam said:

The president had accepted the resignation. the resignation was announced to the assembly and the position was declared open for nominations for the remainder of the term.

Your statement that the president had accepted the resignation doesn't mean anything unless your bylaws give him this authority.  Do they? I do not think that the mere fact that the position was declared open for nominations for the remainder of the term is enough to evidence an action taken by the assembly to accept the resignation.

Take a look at FAQ 18, which you will find here.

 

[Guest Guest Sam]

Thanks Daniel.

 

 I had studied that in particular before I posted here.

It stated :

 but it may not be withdrawn without permission of the assembly once it has been placed before the assembly for its approval. [RONR (12th ed.) 32:1–8, 33:12–18.]
 

If I am scouring the minutes from that meeting, am I looking for a specific motion and approval regarding the resignation?  There may have been on but I do not recall without having the minutes reviewed.  there was definately an announcement and the position was declared open for nominations .

 

 

Supposing it is determined that the withdrawl was valid,  does that, in turn, invalidate nominations as the open positions would have been different, there may have been a contested position requiring an election, etc ??   Currently nominations are closed and all open positions are uncontested.

 

 

[Dan Honemann]

12 minutes ago, Guest Guest Sam said:

If I am scouring the minutes from that meeting, am I looking for a specific motion and approval regarding the resignation?  There may have been on but I do not recall without having the minutes reviewed.  there was definately an announcement and the position was declared open for nominations .

 

Well, you are looking for anything that indicates that the assembly was being asked to accept the resignation.  As I said, I do not think that the chair's declaration that the position was open for nominations, and the making of a nomination to fill the position, suffices, but that is simply my opinion. Others may think that it does.

 

17 minutes ago, Guest Guest Sam said:

Supposing it is determined that the withdrawl was valid,  does that, in turn, invalidate nominations as the open positions would have been different, there may have been a contested position requiring an election, etc ?? 

No, I do not think that it has any effect on the validity of the nominations that were made for other offices.

 

21 minutes ago, Guest Guest Sam said:

Currently nominations are closed and all open positions are uncontested.

But opening the floor to nominations may still be required at the election meeting unless your bylaws or rules provide otherwise (46:6, 46:18).

[Richard Brown]

Guest Sam, it may be worth noting that unless the bylaws or special rules of order provide otherwise, nominations may also be reopened with a majority vote. §31:6 RONR (12th Ed.)