Q&A: At What Point is a Resignation Effective?

A board member can simply present a letter of resignation to the church board that is later approved by an official action.

Occasionally, a member of our church will resign due to health problems or relocation. At what point is a resignation effective? And, is there any legal significance to the timing of a board member’s resignation?

The method, and timing, of a board member’s resignation is very important from a legal perspective, since it is the general rule that board members are not responsible for actions taken by the board prior to their election to the board (unless they vote to ratify a previous action). Similarly, directors ordinarily are not liable for actions taken by the board after their resignation. Again, they will continue to be liable for actions that they took prior to their resignation. Consider an example. Terry was elected by her church to serve a four-year term on the church’s board. After three years, Terry’s employer transfers her to another state. A few months after she moved, the church board approves a day-long youth group trip to a nearby lake, but fails to require an adult supervisor with CPR certification despite the fact that the lake that was selected for the outing did not provide lifeguards. One of the minors drowns, and cannot be resuscitated. The victim’s parents sue the church, and they also sue the members of the church board as a result of their gross negligence in failing to provide adequate supervision for the trip. Terry is shocked to learn that she was named as a defendant in the lawsuit. She had assumed that she ceased to be a board member when she moved.

This example illustrates the importance of determining the timing of a board member’s resignation with clarity. How can this be done? There are several options. Most simply, board members can simply present a letter of resignation to the church board that is later approved by an official action that is recorded in the board minutes. This procedure should provide a sufficient basis for determining the date when a board member ceases to be a member of the board. Had Terry and her church board utilized this procedure at the time of her move, she would have reduced, if not eliminated, her risk of liability.

Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square