The City Council just approved a resolution declaring a mayoral vacancy as of July 30, although there is still no written proof that Mayor Willie Herenton will actually resign.
The 7-6 vote came after a impassioned debate about whether to take the five-term mayor at his word - he has said he's still planning to step down.
Certain council members, particularly councilwoman Janis Fullilove, argued that the council should wait to act and give Herenton the opportunity to back down. Councilwoman Wanda Halbert called the vote an ethical violation, while councilman Joe Brown said he's concerned about getting sued.
It's still unclear what the resolution will actually accomplish because council attorney Allan Wade and city attorney Elbert Jefferson said the mayor still has the ability to back out on his promise to step down. He has not submitted a written letter of his intent to resign.
Voting to declare the office vacant were council members Jim Strickland, Bill Morrison, Bill Boyd, Reid Hedgepeth, Myron Lowery, Kemp Conrad and Shea Flinn. Voting no were council members Brown, Fullilove, Halbert, Edmund Ford Jr., Barbara Swearengen Ware and Harold Collins.
Before the vote, Brown asked whether some members of the council, specifically Lowery, should be able to vote on a resolution declaring a vacancy in the mayor's office.
Brown argued that Lowery, who will become mayor pro tem upon Herenton's retirement, will gain something if Herenton steps down.
Council attorney Wade disagreed, saying council members didn't force Herenton to retire.
"They aren't forcing him to go anywhere," Wade said. "He puts it in motion, then it's fair game for anybody to act on it, even if they benefit from the vote."
Council members are still talking about the issue even the vote has been taken
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