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Richard, Attorney
Category: Business Law
Satisfied Customers: 53678
Experience:  32 years of experience practicing law and a businessman.
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Question #1 whether or not a resignation from a position has

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Question #1: whether or not a resignation from a position has actually occurred.

I have been a member of a church (501c3) and also an editor (unpaid) of the church magazine for years. Three months ago I decided to quit the church but still retained my position as the editor of the magazine. Accordingly, I've continued to pay the usual ongoing business bills for the magazine, just as I've always done for 15 years.

An overzealous director has suddenly accused me of illegally spending church money (on normal bills) because they assert that I had no right to pay the bills because I've resigned as editor - the director bases her idea of resignation solely because I stated in an email that I quit being a church member.

Apparently the thinking is that I can't be the editor without being a church member, but there is no mention of this kind of relationship in the church Bylaws. It seems to my layman's mind the director is being highly interpretive of what they speculate to be unwritten church policies.

In your view, may I still legally retain my post as (unpaid) editor of the church magazine until they fire me (which they have not yet done)?

Question #2:
Have I actually terminated my membership rights by virtue of my having written in an email to the Board of Directors that stated, "I quit the church."

Here is what the Bylaws say about membership temination: "Any member may withdraw by delivering to the Church, in person or by mail, a written request to withdraw."

I have not literally delivered a note by postal mail with the words "request to withdraw" on it. Do my words, "I quit the church," sent via email constitute the same things as "a written request to withdraw?"

Thus, am I still a member or no longer a member?

Good evening. I think you have quit the church. I think your email constituted a resignation. I do not think you have resigned as the editor of the church magazine by tendering your resignation to the church as a member, although I do think the church is within its rights to ask for your resignation. Until they do so, however, as long as you are editing the church magazine, you are entitled to pay the bills of the magazine. The church cannot sit and allow you to act as editor and then deny your right to pay the bills.



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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

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