Mr. Cruz should be calling Mike to find out if he has moved out of town and when he moved out of town. If he no longer lives in town he should be removed as selectmen. Why do we have to wait for his official resignation?
My friend and I have both looked through the charter and are unable to find anything about what to do if a selectmen resigns after 3 months. Does anyone know who we should contact to find the answer? Do we contact the AG’S office? I have zero confidence in the town’s lawyer answer to this question.

I'm not sure what the protocol is to replace a quick to resign after the election selectman either, Mackenzie.  I do think it is incredibly odd that  Mike hasn't announced his intentions yet.  It makes me fear the Hypocrite Elite are  up to no  good and are trying to hold the seat open indefinitely.

It was always a part of the Charter and at one time State law that a Selectman can only offer his/her resignation to the Town Clerk/Treasurer. Not sure of the law now, but I would have to assume nothing has changed.

Even if Scheinder appeared at the next BOS meeting and announced to the Board he was resigning, it wouldn't mean anything until he complies with the Charter and State law.

To clear up some misconceptions about Roberts Rules and the event of tie votes, the following is from the newest edition of Roberts Rules Revised:

When a quorum [64] is present, a majority vote, that is a majority of the votes cast, ignoring blanks, is sufficient for the adoption of any motion that is in order, except those mentioned in 48, which require a two-thirds vote. A plurality never adopts a motion nor elects any one to office, unless by virtue of a special rule previously adopted. On a tie vote the motion is lost, and the chair, if a member of the assembly, may vote to make it a tie unless the vote is by ballot. The chair cannot, however, vote twice, first to make a tie and then give the casting vote. In case of an appeal [21], though the question is, "Shall the decision of the chair stand as the judgment of the assembly?" a tie vote, even though his vote made it a tie, sustains the chair, upon the principle that the decision of the chair can be reversed only by a majority, including the chair if a member of the assembly.

In other words, any tie votes are lost to the motion or decision.

The issue(s) can be revisited when a full board is in session and a majority rules.

However, I believe it may be more likely that if Schneider is not replaced right away through a special election, you will see a lot of 3 to 1 votes.

Cruz is up for re-election and he has has already been challenged by the Newt Gingrich of Wareham/Swifts Beach.

I think the baglady and Andrews will be on their own....at least if there is any justice left in the world :)