Resignation and retraction question

[Guest MEP8]

We have a situation that our Bylaws do not address. Our President-Elect submitted her resignation in March, but it was not to be effective until September 30.  She was to become President January 1, 2024. The Board accepted her resignation and called for a Special Election as specified in our Bylaws. The Special Election would take place after our regular election in August. (This is not be the year to vote on President-Elect) 

The President -Elect now states that she can fulfill the duties as President, and would like to retract her resignation. The current President is giving us a very short window in which to consider the question : Can a Board Member who has resigned, and the resignation been accepted, simply retract the resignation and go on to fill the office? 

I am a member of the Bylaws Committee, and we do not have any specific guidance in our Bylaws. However, our Bylaws do state that we will adhere to RONR.  At this point, the Bylaws Committee is leaning toward the position that there is nothing in the Bylaws about a retraction, therefore it isn't possible for her to retract the resignation.  She could, however, run for the position in the Special Election if she chooses to do so. 

Thank you for any opinions you can offer. References to specific chapters, pages would be appreciated.

[George Mervosh]

On 7/2/2023 at 10:29 AM, Guest MEP8 said:

We have a situation that our Bylaws do not address. Our President-Elect submitted her resignation in March, but it was not to be effective until September 30.  She was to become President January 1, 2024. The Board accepted her resignation and called for a Special Election as specified in our Bylaws. The Special Election would take place after our regular election in August. (This is not be the year to vote on President-Elect) 

The President -Elect now states that she can fulfill the duties as President, and would like to retract her resignation. The current President is giving us a very short window in which to consider the question : Can a Board Member who has resigned, and the resignation been accepted, simply retract the resignation and go on to fill the office? 

I am a member of the Bylaws Committee, and we do not have any specific guidance in our Bylaws. However, our Bylaws do state that we will adhere to RONR.  At this point, the Bylaws Committee is leaning toward the position that there is nothing in the Bylaws about a retraction, therefore it isn't possible for her to retract the resignation.  She could, however, run for the position in the Special Election if she chooses to do so. 

Thank you for any opinions you can offer. References to specific chapters, pages would be appreciated.

No.  The action of accepting the resignation cannot be rescinded or amended.  RONR (12th ed.), 35:6 c)

[Gary Novosielski]

No.  Once a resignation has been duly accepted, it cannot then be withdrawn:

FAQ # 18
A resignation is a Request to Be Excused from a Duty. It may be withdrawn in the same manner as any motion may be withdrawn—that is to say, before the proposed resignation has been placed before the assembly by the chair stating the question on its acceptance, it may be withdrawn without the consent of the assembly, 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.]

As you can see, it becomes impossible to withdraw, unilaterally, a resignation even before it is accepted, once the chair has stated the question on accepting it.  At that point, one could debate against accepting it, or argue in favor of granting leave to withdraw, but it is out of the requestor's hands. 

And once the vote is taken, that action is considered complete, so the decision, once made, cannot be rescinded.  Once accepted, the only way to resume that office would be to run for election in the normal fashion (or be appointed to fill a vacancy).

Edited July 2, 2023 at 03:37 PM by Gary Novosielski