Non Profit Organization member resignation

[CourtLyn]

We have a successful non profit organization based in Texas. A disruptive board member resigned via email, then a few hours later retracted their resignation and is threatening with legal action. Can they retract their resignation?

 

[xylene]

What do you (and the board) want to happen?

Has she actually retained a lawyer and have any filings been made? People who are reacting out of anger and emotion often talk 'stuff' about lawyers and lawsuits.

Does your organization have any insurance?

Can you avail your org of any legal resource (ie is anyone involved a lawyer or do you have any patrons who are lawyers?)

It really comes back to that "What do you (and the board) want to happen?" question. Is their unanimity about wanting her gone or does she have a faction of supporters in house or donors?

What would happen if she came back? Probably nothing good.

 

[adjusterjack]

Obviously they can do it because they did do it.

Whether the resignation or the retraction sticks depends entirely on the terms and conditions of your operating agreement, charter or articles of organization, none of which we can see from here.

I suggest you take your situation and your documents to an attorney.

 

[latigo]

We have a successful non profit organization based in Texas. A disruptive board member resigned via email, then a few hours later retracted their resignation and is threatening with legal action. Can they retract their resignation?

Assuming there isn't some unlikely provision in the by-laws permitting a board member to retract a notice of resignation, then the only question is whether or not he effectively resigned the office.

If so, and he obviously thinks it is so or he would be approaching the issue from another angle, THEN the die has been cast - so to speak - and cannot be retrieved.

I would be interested in hearing the jerk's explanation as to why if he has the legal right to revoke his resignation from the board, why the people responsible for placing him there ought not to be allowed to revoke his appointment to the board?

Anyhow, there are any number of ways to eliminate this bad apple. The company lawyer will explain.

 

[CourtLyn]

We do have bylaws in place that clearly state we must give any board member a 5 day notice of a meeting to vote and remove said member, they also have the right to resign to avoid a board removal. We did all of that. That's when she said "I resign." Now came back at us a literally 3 hours later flipping her lid(which is exactly why we needed to remove her to begin with.) I'm just curious since we did not put anything in our bylaws about retracting resignation, if she could in fact get an attorney involved. We are a public charity. We definitely do not have the funds for legal assistance. Every penny we get is already spoken for, and goes to families (and pets) in need. I just don't know what to do. I'm afraid she will retaliate and ruin this program we've all worked so hard for. She has already caused quite a few problems before the decision to remove her, labeling her as a disruptive board member, immediate grounds for removal.

 

[Dandy Don]

What reason did she give for resigning?

What type of legal action is she threatening or why would she do such a thing?