City Councilman Shea Flinn said Memphis Mayor Willie Herenton might not easily get away with delaying his resignation.
If the council and Herenton cannot agree on a date of official resignation, Flinn said this fight may wind up in court.
The first-term councilman and attorney called Herenton a "lame duck on steroids" and said he's still planning to vote on a resolution declaring Herenton's office vacant as of Friday.
"A resignation is a resignation," Flinn said outside the City Council offices in City Hall.
He added that in his work, when you resign "you're generally not given the keys to the store for much time afterward because there's a lack of accountability."
He went on to say that Herenton's actions had the look and feel of a squabble between the mayor and Lowery, the incoming mayor pro tem, which is not what the city needed.
"If you don't want the job you're doing, stop doing the job and go on with the next phase of your life," Flinn said.
Flinn said he believes the charter gives council authority to declare a vacancy in the mayor's seat, possibly meaning they could override Herenton's delayed date of resignation.
Court action might be the solution if the council and Herenton remain at odds, Flinn said.
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