When is a Resignation "Complete" or Accepted?

[Niki Lynn]

If the resignation was verbal and never "Accepted" in writing, does that count as an official resignation just by receipt or not (the bylaws state resignation must be given in writing to the secretary, but it is the secretary who verbally resigned and now wants her position back)?

[George Mervosh]

See if FAQ #18 answers this for you.   https://robertsrules.com/frequently-asked-questions/#faqs

[Niki Lynn]

Thanks, George. I have read that before and I don't think it addresses this situation because once she verbally quit, she only reappeared over a week later after hearing that the President (who received her resignation) left the organization. She reappeared as if nothing happened and has regained her position (which now, arguably, is also the role of President until another can be elected, since that office is now open).

Also notable: it is not common practice for this group to formally "Accept" resignations once given.

[George Mervosh]

On 4/27/2022 at 10:02 AM, Niki Lynn said:

Thanks, George. I have read that before and I don't think it addresses this situation because once she verbally quit, she only reappeared over a week later after hearing that the President (who received her resignation) left the organization. She reappeared as if nothing happened and has regained her position (which now, arguably, is also the role of President until another can be elected, since that office is now open).

Also notable: it is not common practice for this group to formally "Accept" resignations once given.

Accepting them needs to be the common practice.   Unless you have some additional facts to add, it would be my opinion she is still the Secretary.

Edited April 27, 2022 at 02:06 PM by George Mervosh

[Niki Lynn]

Thank you.

[Niki Lynn]

On 4/27/2022 at 9:05 AM, George Mervosh said:

Accepting them needs to be the common practice.   Unless you have some additional facts to add, it would be my opinion she is still the Secretary.

One thing I forgot to mention is that she sent a message to never be contacted again-by text, phone or email. By law, no "Your resignation has been accepted" correspondence could have bee sent to her because of this request on her part. In this case, how then would it have ever been formally accepted?

[George Mervosh]

On 4/27/2022 at 10:13 AM, Niki Lynn said:

One thing I forgot to mention is that she sent a message to never be contacted again-by text, phone or email. By law, no "Your resignation has been accepted" correspondence could have bee sent to her because of this request on her part. In this case, how then would it have ever been formally accepted?

It needs to be accepted by the assembly.  Once the chair states the question on the motion to accept it, it may not be withdrawn unilaterally.  But the FAQ says this.

[Niki Lynn]

On 4/27/2022 at 9:17 AM, George Mervosh said:

It needs to be accepted by the assembly.  Once the chair states the question on the motion to accept it, it may not be withdrawn unilaterally.  But the FAQ says this.

So, technically, they have until the assembly reconvenes to withdraw any stated resignations–written or verbal–then, right?

[George Mervosh]

On 4/27/2022 at 10:21 AM, Niki Lynn said:

So, technically, they have until the assembly reconvenes to withdraw any stated resignations–written or verbal–then, right?

It may be unilaterally withdrawn until a motion to accept it is placed before the assembly by the chair, yes.  

[Niki Lynn]

Thank you!

[Josh Martin]

On 4/27/2022 at 8:28 AM, Niki Lynn said:

If the resignation was verbal and never "Accepted" in writing, does that count as an official resignation just by receipt or not (the bylaws state resignation must be given in writing to the secretary, but it is the secretary who verbally resigned and now wants her position back)?

On 4/27/2022 at 9:21 AM, Niki Lynn said:

So, technically, they have until the assembly reconvenes to withdraw any stated resignations–written or verbal–then, right?

I would add that a resignation may only be made orally if it is made during a meeting. Otherwise, it must be in writing.

"A resignation is submitted in writing, addressed to the secretary or appointing power; alternatively, it may be submitted during a meeting either orally or in writing." RONR (12th ed.) 32:5