What can we help you find today?

Reappointing the City Recorder

Print This PagePrint This Page Send by EmailSend by Email
Reviewed Date: April 19, 2010

Original Author: 
Hemsley, Sid
Date Created: 
Aug 22, 1997


Subjects:
City council--Procedure
City recorder
Personnel--Laws and regulations

Reappointing the City Recorder

Summary: 
MTAS was asked how to rehire the city recorder after she resigned and then changed her mind.

Knowledgebase-Reappointing the City RecorderAugust 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 Resignations once accepted by officer or tribunal authorized to fill the vacancy, cannot be withdrawn, although the person who resigned can be re-appointed to the office.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.

Sincerely,

Sidney D. Hemsley
Senior Law Consultant

SDH/


About Our Knowledgebase

MTAS letters and publications were written based upon the law at the time and/or a specific sets of facts. The laws referenced in the letters and publications may have changed and/or the technical advice provided may not be applicable to your city or circumstances. Always consult with your city attorney or an MTAS consultant before taking any action based on information contained in this database.