On being resigned to the occasional resignation…
It happens. Just as you think you finally have everything going smoothly, and everything is copacetic, someone has to go and announce their imminent departure. It is important to know how you handle a resignation depends on what position the resignation is occurring from, and not who the person is resigning.
Board Member resignations
If a school board member resigns from the school board, the manner in which they resign can have an effect on their departure. Under Michigan’s election law, a vacancy immediately occurs regardless of declaration by an officer or acceptance by the school board if the board member resigns (among other reasons). However, Attorney General Opinion 5299 from May of 1978, which specifically addresses resignations from school boards, makes clear that “if a board of education member submits his resignation, effective as of a future date certain, the resignation may be withdrawn prior to the effective date, since no vacancy exists until the effective date of the resignation.” Also, the AG opinion established that although a verbal resignation at a board meeting is immediately effective when spoken unless another date is specified in the resignation, a written resignation of a school board member is effective when it is received by an authorized agent of the school board. In either case, whether the resignation is immediate or on a future date, once the resignation becomes effective, it can not be withdrawn.
Administration Resignations
When an administrator’s resignation would become effective, it is largely dependent on the terms of their contract and the district's bylaws. In the instance of a principal or central office administrator under the supervision of the superintendent, often a district's bylaws empower the superintendent to be able to accept the resignation and report it to the board. In the instance of a superintendent resignation, depending on the district’s bylaws, the resignation could be considered effective either upon receipt by an authorized party such as the board president, or upon a vote of the board. The effectiveness of an administrator resigning is not necessarily tied to the last day of employment, as administrators may, by choice or contractual obligation, give early notice of their intended last day. However, generally, once an administrator’s resignation has been accepted, the resignation is generally considered irrevocable.
For questions on this, or other legal matters, please do not hesitate to contact MASB's Labor Relations and Legal Services Department.