Corporate Law Preacher resigned then rescinded

[mtthwslrann]

Our church has been in chaos for a while now. It started when we adopted our bylaws. Four Sundays ago there was a called conference to drop the bylaws. The vote passed. Then that night our Preacher resigned effective immediately. He did this from the podium in the fellowship hall that he uses for Wednesday and Sunday night services. There were 9 people present; three of which were deacons (we have 5).The bylaws say there should be 7 members present to constitute a meeting. The next Sunday an "immediate special need" vote was called to accept his resignation. It passed. He wants to rescind it. We now have members that say we can not throw out the bylaws, we can only amend them. We are not incorporated. If we have to go by the bylaws he/we have to give thirty days notice if we feel the need for seperation. We are due to vote again Sunday, what should we vote for; let him rescind his resignation, or reinstatment?

 

[dee_dub]

Without knowing what your bylaws and his contract say, it's impossible to answer.

I would speculate that his resignation, purporting to be effective immediately, was technically in breach of the bylaw requiring 30 days notice. The church waived that requirement by agreeing to accept his resignation. So he's resigned, and you've accepted. If nothing changes, he's out.

What happens now - if he gets back in, and how he gets back in - is probably totally up to your discretion. I don't know what your bylaws or his contract say about allowing him to rescind his resignation; I would imagine you could vote on whether to allow it. Alternatively, you could vote on whether to reinstate him to the position. This could be something different than simply rescinding his resignation and allowing him to continue; it might result in him being re-hired under a different contract. It's up to you.

What you should vote for is a matter for your conscience.

 

[mtthwslrann]

Without knowing what your bylaws and his contract say, it's impossible to answer.

I would speculate that his resignation, purporting to be effective immediately, was technically in breach of the bylaw requiring 30 days notice. The church waived that requirement by agreeing to accept his resignation. So he's resigned, and you've accepted. If nothing changes, he's out.

What happens now - if he gets back in, and how he gets back in - is probably totally up to your discretion. I don't know what your bylaws or his contract say about allowing him to rescind his resignation; I would imagine you could vote on whether to allow it. Alternatively, you could vote on whether to reinstate him to the position. This could be something different than simply rescinding his resignation and allowing him to continue; it might result in him being re-hired under a different contract. It's up to you.

What you should vote for is a matter for your conscience.

Thank you. I have another question, are we required to have bylaws. Can we just throw them out? the bylaws say that we can amend them at any regular meeting, with proper notice, but nothing about throwing them out. the Preacher is not under contract and there is nothing in the bylaws.

 

[dee_dub]

No, there is no general requirement that an organization have bylaws. Seems you existed for some time before adopting yours.

You can't just throw them out. But you are free to drop them, providing your procedure in so doing conforms with whatever rules you now have in place.

 

[dee_dub]

I would add that the church and the preacher have (or had) some kind of contract. It might not be written, there might be some vagueness as to some of its terms, but there's an agreement of some kind. Unless he's just volunteering.