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LaverneB (Florida)
Posts: 129
Posted:
We have a 7 (seven) member board. Today a member got "upset" with how the meeting was going and got up, off the chair and said:I am resigning as of today" This man has been doing this at almost every meeting.Question how do I go about putting in a new person? Do they have to be elected? Or can the board appoint someone? Our docs say nothing about this to help me....Thanks for the help this web site has been alot of help to me...
BrianB (California)
Posts: 2,820
Posted:
in general, you need more than an oral outburst for a real resignation, especially if the person keeps returning to do his job. I have several suggestions:

prepare a letter before the next meeting, perhaps just an "i quit" with his name, and a place for signature. When he says it again, jump up, and ask him to sign it before he leaves.

When he says it next time, immediately ask "Anyone second?" If you get a second, then call for an immediate vote to accept his oral resignation.

When he says it, look at him calmly and say Bull hockey pucks Johnny. You do this every meeting, and I, for one, am tired of it. Can you be a bit more original? Stomp your feet or something? Do a nixon impression? pound your shoe on the table? say it in time with a drinking song?

Or, if you are in texas, shoot him, and practice these lines: Your honor, i was in fear for my life and those around me, and I was defending my home and property. This man was a terrorist, and since I can't waterboard anymore, all i had left was shooting.

okay, maybe not that last one. Bottom line, there is little you can do without making a scene yourself, giving him more attention (which is what the little drama king wants), or embarrassing yourself or him. Unless you want to take him aside privately and talk to him about his disruptive behavior, there's not much else i can think of.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Laverne,
The first thing that needs to be done is to ask this guy, "If you indeed are resigning, it needs to be done in a letter of resignation" Without that, he could come back and claim that he really did not mean to or that he changed his mind or some other lame excuse.

Once you get a letter from him, then at your next Board meeting, your Board may appoint someone to fill out the term. Unless you have an election coming up very soon, an appointment is the proper procedure. Below is the Statute.

617.0807 Resignation of directors.--

(1) A director may resign at any time by delivering written notice to the board of directors or its chair or to the corporation.

(2) A resignation is effective when the notice is delivered unless the notice specifies a later effective date. If a resignation is made effective at a later date, the board of directors may fill the pending vacancy before the effective date if the board of directors provides that the successor does not take office until the effective date.

PaulM (Pennsylvania)
Posts: 1,347
Posted:
LaverneB: It depends on whether this person resigned from his 'seat' on the Board, or just the office he is presently holding. To address how one fills a resigned seat on the Board, the Board as a collective group is able to APPOINT an association member (in good standing) to fill the vacant seat for the term period the resignee had left to fill.

Since you will then be working with a 'new' person, you can at this time either decide to have the new person assume the vacant officer role, or review all roles to decide who does what. The term or time period to serve goes with the Seat on the Board, not necessarily the officer role they are to assume.

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