Myron Lowery plans to retain his City Council seat while he serves as interim mayor and it doesn't appear that there is anything in the City Charter that would prohibit him from doing so.
"The charter is silent about that," said council attorney Allan Wade, who said he will research the issue more and deliver an opinion early next week.
A charter referendum passed in 2008 said "in the event the office of the mayor becomes vacant" the chairman of the council, Lowery, shall serve up to 180 days if there is a general or municipal election scheduled to occur within that 180 day period. If there is no election scheduled, then a special election shall be held within 90 days of the vacancy. It never mentions that the council chairman has to vacate his seat.
In 1982, Wyeth Chandler resigned to take a judgeship and council member J.O. Patterson Jr. replaced him to become the city's first black mayor. Patterson returned to his council seat.
"Precedent has shown that the position is not vacant," said Lowery.
"You don't give up 18 years of experience on the City Council to serve as mayor for 90 days," he said. "While I clearly expect to win the election, if I don't I will return to my duties as council chairman."
Lowery said Thursday, the day Mayor Willie Herenton announced he would resign July 10, was the busiest day of his life in public service.
"I had over 400 e-mails and 150 phone calls," he said.
Even though a number of directors responsible for running important city divisions are expected to retire along with Herenton, Lowery promised that people will still get their trash picked up on time and that it will be a smooth transition of power.
"Our city will continue to operate normally," said Lowery.
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