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Resignation


Guest Ken Barnes

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We had our Sergeant-at-Arms send the Executive Board a resignation letter. Our executive board discussed it but never voted on it. It has not been presented to the Union body yet due to the fact we have not had a meeting since the letter. The Sergeant-at-Arms then sent a letter to the executive board stating that he is recinding his resignation letter. We do not have anything in our bylaws that covers this. My feeling is that there was no vote so the resignation is null and void. Am I right?

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We had our Sergeant-at-Arms send the Executive Board a resignation letter. Our executive board discussed it but never voted on it. It has not been presented to the Union body yet due to the fact we have not had a meeting since the letter. The Sergeant-at-Arms then sent a letter to the executive board stating that he is recinding his resignation letter. We do not have anything in our bylaws that covers this. My feeling is that there was no vote so the resignation is null and void. Am I right?

A resignation, which is a request to be excused from a duty, can be withdrawn (not "rescinded") up until the point at which it is formally accepted (by the body authorized to do so).

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We had our Sergeant-at-Arms send the Executive Board a resignation letter. Our executive board discussed it but never voted on it. It has not been presented to the Union body yet due to the fact we have not had a meeting since the letter. The Sergeant-at-Arms then sent a letter to the executive board stating that he is recinding his resignation letter. We do not have anything in our bylaws that covers this. My feeling is that there was no vote so the resignation is null and void. Am I right?

As was noted the resignation can be withdrawn up until the time it is accepted. The question is if it can be unilaterally withdrawn or must the assembly grant permission for the withdrawal? Who do the bylaws authorize to accept the resignation of the Sergeant-At-Arms? If it is the Board did the Chair actually put the resignation before the Board for acceptance or was it just informal discussion?

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We don't yet know what "these circumstances" are.

I suggest a more careful reading of FAQ 18.

After the Chair states the question it belongs to the assembly (RONR pp. 284-285).

Ah, the suggestion is that

Our executive board discussed it but never voted on it.

might mean that a motion was actually before the executive board (and is still pending before that assembly now, even though no vote was taken and the meeting has -- presumably -- adjourned) ? I see how that might be the case, as 'the chair, on reading or announcing the resignation, can assume a motion "that the resignation be accepted." (RONR p. 279)

Hopefully Mr. Barnes will clarify whether the board is the proper body to accept the resignation, and whether the board's 'discussion' of the matter really puts it in the category of unfinished business.

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