|Legal Opinion: |
Text of Document: August 22, 1997
You have the following question: Where the recorder resigned, her resignation was accepted by the board of mayor and aldermen, she changed her mind about the resignation, and the board wants her to remain the recorder, how can she remain the recorder? Her authority to continue to function as city recorder once her resignation was accepted has been challenged.
The mayor should simply reappoint her the recorder.
In Tennessee, the resignation of most officers must be "transmitted to the officer or tribunal authorized to fill the vacancy." [Tennessee Code Annotated, section 8-48-104.] Resignations once accepted by officer or tribunal authorized to fill the vacancy, cannot be withdrawn, although the person who resigned can be re-appointed to the office. In many, if not most, Tennessee cities, the recorder is an officer. However, that is not the case in the your city. Your city is established under the General Law Mayor-Aldermanic Charter. Under that charter, the definition of "officers" includes the mayor, aldermen, city attorney and city judge, and the definition of "department heads" includes "the city administrator, city recorder, treasurer, chief of police and any other department heads appointed by the board of mayor."
However, that charter also provides that the mayor has the power of appointment (and all other personnel powers) over "all employees" and "department heads," unless the board takes away that power. [Tennessee Code Annotated, section 6-3-102.] As I understand it, the mayor's powers in that area remain intact.
For that reason, it was not even necessary that the recorder's resignation be submitted to, and accepted by, the board; the mayor was the proper officer to receive and accept her resignation. Likewise, the mayor is the proper officer to re-employ her as the city recorder.
Sidney D. Hemsley
Senior Law Consultant