Rescinded Resignation Problem

[Guest Joy Clark]

Seeking advice as a new Union Council President. 
Our board has a President, VP, Treasurer and Secretary. 
The Treasurer resigned via an email on Dec 20. 
I acknowledged/accepted his resignation via returned email the same day. 
On December 27, I emailed him to advise him that his badge access to our office building had been removed and that I would need to receive the office keys. I also let him know that i had been to the bank and his access would be removed in 3 days (effective January 1) 

On December 30, he emailed to rescind his resignation. I advised him that it was too late because we had already removed him from all aspects of Treasurer and begun the process of replacing him.

On January 1 our Executive Committee, following our bylaws, voted in an interim Treasurer.

On January 2, the former Treasurer sent a 6 page email to our parent organization threatening to have their Chapter decertified and threatening to quit and take many members with him.

On January 3, the parent Chapter emailed me stating that his rescinded resignation was accepted and he would remain as Treasurer, citing Roberts Rules of Order. 

Am I right to think he can no longer be Treasurer? I think the parent organization is interpreting this incorrectly. 

Please see attachment for the exact wording. 

Thank you in advance for your opinions and interpretations. 
 

 

[Joshua Katz]

On 1/3/2024 at 5:17 PM, Guest Joy Clark said:

On December 27, I emailed him to advise him that his badge access to our office building had been removed and that I would need to receive the office keys. I also let him know that i had been to the bank and his access would be removed in 3 days (effective January 1) 

 

There was no reason to do this without the assembly having accepted the resignations. I agree with the parent assembly that he rescinded his application at such a time that it could be withdrawn unilaterally.

[Josh Martin]

On 1/3/2024 at 4:17 PM, Guest Joy Clark said:

I acknowledged/accepted his resignation via returned email the same day. 

You don't have the authority to accept the resignation. The body with the power to fill the vacancy is the body with the power to accept the resignation. We are told that is the Executive Committee.

On 1/3/2024 at 4:17 PM, Guest Joy Clark said:

On December 27, I emailed him to advise him that his badge access to our office building had been removed and that I would need to receive the office keys. I also let him know that i had been to the bank and his access would be removed in 3 days (effective January 1) 

It seems to me like you jumped the gun on this and should have waited until the resignation was accepted.

On 1/3/2024 at 4:17 PM, Guest Joy Clark said:

On December 30, he emailed to rescind his resignation. I advised him that it was too late because we had already removed him from all aspects of Treasurer and begun the process of replacing him.

As I understand the facts, the Executive Committee had not accepted the resignation. So it is, in fact, not correct that "we had already removed him from all aspects of Treasurer and begun the process of replacing him."

Since the resignation not yet been accepted by the body with the power to do so, the Treasurer had the right to withdraw his resignation.

"Is it possible to withdraw a resignation after it has been submitted?

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.]" FAQ #18

On 1/3/2024 at 4:17 PM, Guest Joy Clark said:

On January 1 our Executive Committee, following our bylaws, voted in an interim Treasurer.

This action was improper, because there was, in fact, still a Treasurer in office.

On 1/3/2024 at 4:17 PM, Guest Joy Clark said:

Am I right to think he can no longer be Treasurer? I think the parent organization is interpreting this incorrectly. 

The parent organization is interpreting this absolutely correctly, based upon the facts provided. This person is still the Treasurer.

Edited January 4, 2024 at 02:27 PM by Josh Martin

[J. J.]

My only possible disagreement with my colleagues would be if the board had met, prior to the resignation being withdrawn, and taken steps to fill the vacancy, without formally accepting the resignation.  That apparently did not happen. 

[Gary Novosielski]

On 1/3/2024 at 5:17 PM, Guest Joy Clark said:

Seeking advice as a new Union Council President. 
Our board has a President, VP, Treasurer and Secretary. 
The Treasurer resigned via an email on Dec 20. 
I acknowledged/accepted his resignation via returned email the same day. 
On December 27, I emailed him to advise him that his badge access to our office building had been removed and that I would need to receive the office keys. I also let him know that i had been to the bank and his access would be removed in 3 days (effective January 1) 

On December 30, he emailed to rescind his resignation. I advised him that it was too late because we had already removed him from all aspects of Treasurer and begun the process of replacing him.

On January 1 our Executive Committee, following our bylaws, voted in an interim Treasurer.

On January 2, the former Treasurer sent a 6 page email to our parent organization threatening to have their Chapter decertified and threatening to quit and take many members with him.

On January 3, the parent Chapter emailed me stating that his rescinded resignation was accepted and he would remain as Treasurer, citing Roberts Rules of Order. 

Am I right to think he can no longer be Treasurer? I think the parent organization is interpreting this incorrectly. 

Please see attachment for the exact wording. 

Thank you in advance for your opinions and interpretations. 
 

 

`

I agree with my colleagues that the interpretation by the parent organization seems completely correct.  Since you did not have the power to accept the resignation, your actions with respect to building security and the bank would have been premature.  Since the resignation was timely rescinded, Mr. Mitchell remains in office.

Edited January 4, 2024 at 06:30 PM by Gary Novosielski
insert "and the bank"

[Richard Brown]

I agree with my colleagues, including the possible "caveat" described by J.J.  I was wondering the same thing as I read the OP's description of what happened and the other responses.