The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5299 May 9, 1978 SCHOOLS & DISTRICTS: Resignation of school board member OFFICERS & EMPLOYEES: Vacancies BOARDS & COMMISSIONS: Vacancies While Michigan law generally provides that a public officer's resignation is not effective until it is accepted by proper public authority, Michigan's School Code provides with regard to board of education members that the office of a member of such board shall become vacant immediately upon such a member's resignation. After having resigned, a member of a board of education may not reconsider and withdraw the resignation. A school board member who submits a resignation to be effective at a future date may withdraw the resignation prior to that date. If the resignation is not withdrawn, the vacancy may be filled by the remaining members of the board within 20 days after it occurs. If the remaining members of the board fail to fill that vacancy within the 20 day period, the intermediate school board shall fill the vacancy by appointment. A written resignation of a school board member is effective when received by an authorized agent of the school board. Honorable Alfred A. Sheridan State Representative State Capitol Lansing, Michigan You have requested my opinion on the following questions: '1. Should a member of a board of education verbally announce his resignation at a board meeting, is the resignation effective as of that moment? '2. May the member reconsider and withdraw the resignation on the same or a later date? '3. Would a formal acceptance or declararion by the board at the time of the statement preclude the member's withdrawing the resignation? '4. Should a member submit a letter of resignation effective immediately, may the resignation be withdrawn? '5. Should a member submit a statement of resignation effective as of a future date certain, may the resignation be withdrawn prior to the effective date? '6. What is considered the date of submission--the date on the statement, the date it is received by the addressee, or the date of official consideration of the resignation by the board? '7. In the event a member submits a statement of resignation effective at a future date, when does the count of the 20 days provided in Sec. 1104(2) begin--at the time of the submission or at the time of the effective date? In answering your questions, it must first be noted that the common law rule in Michigan was that a public officer's resignation was not effective until it was accepted by the proper public authority. Clark v Board of Education of Detroit, 112 Mich 656; 71 NW 177 (1897). However, that rule has been changed by statute, for board of education members, in 1976 PA 451, Sec. 1103, MCLA 380.1103; MSA 15.41103, which provides: 'The office of a member of the board shall become vacant immediately, without declaration by an officer or acceptance by the board or 1 of its members, upon 1 of the following events: (b) The incumbent's resignation. . . .' (emphasis added) Further, in 1976 PA 451, Sec. 1104, MCLA 380.1104; MSA 15.41104, the legislature has provided, with regard to filling vacancies on boards of education, the following: '(1) If less than a majority of the offices of a school district become vacant, the remaining members of the board shall fill the vacancy immediately. '(2) If a vacancy is not filled within 20 days after it occurs, the intermediate school board shall fill the vacancy by appointment. . . .' Based on 1976 PA 451, Sec. 1103, quoted above, it is clear that a school board member's resignation is effective without acceptance by the board of education. Thus, in answer to your first three questions, it is my opinion that a verbal resignation at a board meeting is immediately effective, unless another date is specified in the resignation, and may not be withdrawn thereafter, regardless of whether the board of education accepts the resignation. Responding to your fourth question, it is my opinion that once a letter of resignation, effective immediately, has been submitted to a board of education, it may not be withdrawn. Turning to your fifth question, it is my opinion 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. Lord v Genesee Circuit Judge, 51 Mich App 10, 17-18; 214 NW2d 321, 325 (1973). In answer to your sixth question, although a verbal resignation at a board meeting is effective when spoken, a written resignation of a school board member is effective when it is received by an authorized agent of the school board. Concerning your seventh question, it is my opinion that, where a school board member submits a resignation to be effective at a future date certain, the vacancy does not occur until that future date. Lord v Genesee Circuit Judge, supra. Thus, the twenty day period specified in 1976 PA 451, Sec. 1104(2), supra, for filling vacancies by the remaining members of the board of education is measured from the effective date of the resignation. Frank J. Kelley Attorney General