Resignation from the board or officer

[Guest Jack Burch]

In the case of a resignation from a board, must this be in writing?  Must the board vote to accept the resignation before it is final?  May a member rescind the resignation before the board votes on the resignation?

[Weldon Merritt]

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

In the case of a resignation from a board, must this be in writing?

Nothing in RONR requires that it be in writing.

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

Must the board vote to accept the resignation before it is final? 

Generally, the entity that empowered to fill the vacancy is the one that must accept the resignation. So if the bylaws provide that vacancies ay be filled by the board, then the resonation must be accepted by the board (by unanimous consent or by actual vote).

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

May a member rescind the resignation before the board votes on the resignation?

Yes, the resignation may be withdrawn until it is accepted by whatever entity is empowered to accept it. 

[Rob Elsman]

The resignation really ought to be submitted to the secretary of the electing assembly in writing.

Unless something else is provided in the bylaws, the resignation must be accepted by the electing assembly.  This is done by adopting the motion, Request to be Excused from a Duty, by majority vote. See RONR (12th ed.) §32.

The member may withdraw his resignation without the permission of the assembly until the chair has stated the question on the adoption of the motion to accept the resignation; thereafter, the assembly's permission is required.

[Rob Elsman]

"...in writing..." RONR (12th ed.) 32:5.

[Weldon Merritt]

On 4/24/2024 at 8:30 PM, Rob Elsman said:

The member may withdraw his resignation without the permission of the assembly until the chair has stated the question on the adoption of the motion to accept the resignation; thereafter, the assembly's permission is required.

Yes, that is a more accurate statement than I provided. Otherwise, I think Mr. Elsman and I are pretty much ion agreement.

On 4/24/2024 at 8:33 PM, Rob Elsman said:

"...in writing..." RONR (12th ed.) 32:5.

I stand partially corrected. However, 32:5 goes on to say, "alternatively, it may be submitted during a meeting either orally or in writing." (Emphasis added.) So it appears that RONR does not require that the resignation be in writing, unless it is submitted outside a meeting.

[Rob Elsman]

I am always pleased to share ions with the distinguished Mr. Merritt. 🙂

[Josh Martin]

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

In the case of a resignation from a board, must this be in writing? 

No. A resignation may be submitted in writing, or the resignation may be submitted orally at a meeting.

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

Must the board vote to accept the resignation before it is final?

Yes. (I am assuming the board is the body with the power to fill the resulting vacancy.)

On 4/24/2024 at 6:00 PM, Guest Jack Burch said:

May a member rescind the resignation before the board votes on the resignation?

The member may unilaterally withdraw (not "rescind") the resignation until the the chair states the question on accepting the resignation. After the chair has stated the question on the resignation, but before the vote has been taken, the member may withdraw the resignation only with the consent of the board.