Click here for view emails concerning what we understand about Mary Kay Jacobsen’s resignation from the Board.
1. Jessica Newton email asking the Board for documentation regarding reports of Jacobsen’s resignation.
2. Board President Greg Jones’ email confirming an email from Jacobsen.
3. Newton’s email requesting clarification on how the Board determined Jacobsen’s email did not constitute a resignation.
4. Jones email reaffirming the Board’s determination that Jacobsen did not resign.
5. Newton email asking that the Board answer her questions regarding clarification.
6. Jones email asking that Newton, or her representative contact the Board’s legal representative.
7. Mary Kay Jacobsen’s resignation email to the Board
Click here to view a detailed email exchange between Attorneys Robbyn Voyles, representing Jessica Speaker, and Kenneth Chadwell, representing the Fairfield Glade Community Club.
What Does Tennessee State Law say about the Legality of Email Communications
Under Tennessee law, an email is generally considered a written communication.
The key statute is Tennessee’s adoption of the Uniform Electronic Transactions Act (UETA):
Tennessee Code Annotated § 47-10-107 states:
- “A record or signature may not be denied legal effect or enforceability solely because it is in electronic form.”
- “If a law requires a record to be in writing, an electronic record satisfies the law.”
- “If a law requires a signature, an electronic signature satisfies the law.”
In other words, if a Tennessee statute, contract, or governing document requires something to be “in writing,” an email will generally satisfy that requirement, assuming the parties have agreed to conduct business electronically where required by the UETA.
If POA bylaws or Tennessee nonprofit statutes require a notice, request, resignation, or other communication to be “in writing,” an email is often sufficient unless the governing documents specifically require another method of delivery (such as first-class mail or certified mail).
(The Jacobsen email) appears to satisfy the statutory requirement for a written resignation.
- It is in writing. The email clearly states:
“I am tendering my resignation as the Treasurer and Director At Large on the FGCC Board of Directors effective immediately.” - It was delivered to the proper recipients. It was sent to the Board President (Greg Jones) and copied to the other directors. Tennessee’s Nonprofit Corporation Act provides that a director may resign by delivering written notice to the board of directors, its chair or president, or to the corporation.
- It specifies the effective date. The email says “effective immediately.” Under Tennessee Code § 48-58-107, a resignation is effective when the notice is effective unless it specifies a later effective date.
- It expressly resigns both positions: Director-at-large and Treasurer