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May an individual resign from his or her position by e-mail?

May an individual resign from his or her position by e-mail?
Appeal of Joanne Boisvert-Fraser from action of the Board of Education of the City School District of the City of Mechanicville and its District Clerk regarding resignation, Decisions of the Commissioner of Education 15,983

Although the Commissioner dismissed the appeal submitted by Joanne Boisvert-Fraser as moot and did not comment on its merits, the appeal raises an interesting issue ? is a resignation submitted by a public officer or employee electronically by e-mail or as a ?text message? effective?

The general rule in the public service is that a resignation must be in writing and takes effect on the date indicated or thirty days after delivery, whichever first occurs. Further, a resignation, once delivered to the appointing authority or its designee, may not be withdrawn without the consent of the appointing authority.

Boisvert-Fraser, a member of the Mechanicville Board of Education, sent an e-mail to the school district clerk stating: Mary Beth, It was nice working with you, I will bring my letter of resignation as soon as I can. Resignation effective last evening [i.e., March 9, 2009]. Joanne.

Over the next several days, petitioner and the clerk exchanged a series of emails in which the clerk offered to prepare a formal letter of resignation to be signed by Boisvert-Fraser. When no signed letter was received from Boisvert-Fraser, the clerk, after consulting with counsel, advised the New York State Board of Elections that she had received and accepted Boisvert-Fraser resignation effective March 9, 2009.

Subsequently Boisvert-Fraser sent an email to the clerk claiming that she had ?not formally submitted? her resignation and that she intended to ?continue to serve as a member of the board to complete my elected term,? whereupon the clerk advised her that she had consulted counsel and had determined that Boisvert-Fraser?s email of March 10, 2009, was indeed a valid resignation.

When the clerk refused to withdraw her letter to the Board of Elections, Boisvert-Fraser filed an appeal with the Commissioner of not address the parties? remaining contentions.

Although the wording of Boisvert-Fraser's e-mail "resignation" may be somewhat ambiguous and its effectiveness as a resignation debatable, e-mailing resignations appears to be a trend.

A number of web sites offer ?sample e-mail letters of resignation,? while the Florida Gulf Coast University student newspaper recently published a report that ?On May 19, [2009] FGCU received the resignation of Stephen Eisenberg, director of the PGA golf management program and assistant professor of the resort and hospitality management division. In his e-mail sent to Vice President of Student Affairs J. Michael Rollo, Eisenberg thanked FGCU staff members and notes the opportunities he received.?

In newspaper article dated Friday, April 10, 2009, the Texas Austin-American Statesman noted that ?U.S. Attorney Johnny Sutton of Austin, the top federal prosecutor for 68 Central and West Texas counties, e-mailed his resignation Thursday to President Barack Obama.?

There are also reports of individuals submitting an effective resignation by text message.

The apparently growing practice suggests that personnel officers and union officials might wish to consider establishing an agency policy for the processing electronic resignations and other personnel requests such as requests for leaves of absence, transfer, reinstatement to a former position, etc.

The Boisvert-Fraser decision is posted on the Internet at:
http://www.counsel.nysed.gov/Decisions/volume49/d15983.htm

Full post as published by New York Public Personnel Law on September 21, 2009 (boomark / email).