So what does this vote actually amount to?
The resolution is the city council's way of formally accepting Mayor Willie Herenton's resignation and declaring the office vacant as of midnight on July 30.
It also lets the election commission know to start prepping for a special election to be held within 90 days of the declared vacancy.
Council attorney Allan Wade said that in his opinion, once the minutes are approved (they were not approved this meeting), this resolution would legally bind Herenton to his resignation date.
The problem is that Herenton rescinded his written letter of resignation Monday evening. So, the only evidence the council has that Herenton is actually going to step down July 30 are statements made verbally.
Wade said this could complicate matters if Herenton changes his mind. He had encouraged the council to hold off on approving the resolution until receiving a written statement.
"In my opinion, that's not subject to the kind of proof you would want in a court of law," Wade said.
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