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President Resignation


Guest Nancy

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On 1/24/2023 at 9:14 PM, Guest Nancy said:

Can a president who has resigned still sit on the board as a past president?

If the organization's bylaws provide that the immediate past president serves on the board, it will ultimately be up to the organization to interpret its own rules on this matter, and to do so it will be necessary to look at exactly what the bylaws say.

Generally speaking, however, I would say the answer is "yes" unless the bylaws provide otherwise.

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On 1/24/2023 at 9:14 PM, Guest Nancy said:

Can a president who has resigned still sit on the board as a past president?

Only if your bylaws provide that the past president is automatically a member of the board or if this past president is elected to a new position on the board. Can you clarify your question for us and be a bit more specific about what the situation is?

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Our bylaws state: Immediate past president shall serve on the board. This past president sent a letter of resignation 2 months before the end of his term in 2022. Now an individual has stated he, the past president, "might" want to sit in on BOD and HOA meetings. He resigned because he did not agree with direction from the board and refused to follow through with what they voted on.

 

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@Guest Nancy, if your bylaws say that the immediate past president is automatically a member of the board, and if this person is the immediate past president, then he becomes a member of the board. Unless your bylaws provide otherwise, the reason that he left the presidency makes no difference. it doesn’t matter if he served a full term, resigned early, or was removed from office. The only question is whether he is the most recent person to serve as president, which would make him the immediate past president. 

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I can be a problem, but I think it is not such a big one, as you think

As the vice president (mr.B)  takes over from president(mr.A)  as president at the end of the term (now less than 2 months ahead) mr.B can become the intermediate past president.

Maybe you could persuade B not to stay president (but again become vice president or so) as Mr. B is the immediate past president. Mr. A has no right on the seat of the immediate past president)

By the way Mr.B only has one head so only one vote even he has more hats. 

Also note that there are many post on this forum advising against a bylaw rules that  automaticly gives seats on the board to past presidents.  It is much better that a person is elected  than automaticly included. 

Edited by puzzling
Added last paragraph, typos
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Does your organization have other rules about the "immediate past president" position?  Is there a term of office with clear start/end dates?  Or is the cited passage the only place it is mentioned?

I am imagining that there could already someone designated as a bylaws-defined position called "immediate past president" who serves a defined term until the next round of elections, and then someone else becomes immediate past president.  Or is it a not-futher-defined position such that if the current president resigns, he cuts short the expected time for which his predecessor will be immediate past president, immediately ousting that person and taking on that role himself?

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