resignations

Bobg here, hello everyone I need to know who can accept or decline a verbal resignation? I ask this because our first annual meeting was a disaster. A board member who sat in the audience was trying to obtain the floor and the president would not yield. This was right at the start of the meeting. As the talking became heated the board member said he " would wish to resign" this was said during a heated debate. After the meeting was over the board members elected me president. I spoke to the member after the meeting and he recinded his verbal resignation. Do I,A have the sole right to do this as president or B' must the board vote on it. He did not put it in writing. We also have had 2 more verbal resignations but the board is focused on this one gentleman to get rid of him. As always thank you for your help Bobg

I'm not sure the board has any authority to vote on a board member's notice of resignation. The board would acknowledge it, making the resignation official and creating a board vacancy immediately. You can't force a volunteer to remain on the board.

Bob - it sounds like your board DOES want to get rid of him.

Call an emergency board meeting, if needed. First thing is to accept his resignation and then fill the vacancy ASAP.

Everyone heard him say he wanted to resign. Accept this verbal resignation quickly.

Bob, check your governing documents.

Our bylaws state that resignations must be in writing. If our bylaws were silent, we'd turn to CA Corp. Code, which also states that resignations must be in writing. The resignation is effective upon delivery or at the date specified by the resigning director.

The Board, then, only acknowledges the resignation, but does not "accept" it.

Say, Susan, our bylaws and state law make it clear that the "in writing" comes from the resigning director. We've had 3-4 board resignations in five years and there's been no problem getting the letter from those who wanted to resign. They've each asked the board president or the property mgr. how to resign.

Looks like Bob's board does want to get rid of the director who verbally resigned, but then rescinded it. But if Bob/his board don't adhere to their gov. docs/state law, the director who's basically booted out--if the board does that-- could come back at them claiming they didn't follow the law and even sue, I imagine.

So Bob really does need to know what's in his bylaws or in his state's laws about this topic.