Monday, July 6, 2009
Lowery Still Believes Herenton Will Resign
Posted by John Branston on Mon, Jul 6, 2009 at 3:18 PM
Lowery, who would become mayor pro tem for 90 days if Herenton actually does leave office, met with reporters in his office at City Hall.
"I'm going to take a positive spin," he said. "There's more time for the transition."
Asked why believes the mayor, who has now said twice that he plans to resign only to change his mind, Lowery said "You have to take an individual at his word." He said Herenton met with him Monday and "reaffirmed to me he's committed to resign," although Herenton says he is "retiring" not resigning.
Asked why anyone should believe Herenton this time, Lowery said, "That is up to each individual to make up his own mind."
The latest Herenton bombshell raises more questions about mayoral succession. Herenton is not yet halfway through his fifth four-year term.
"This is uncharted territory, folks," Lowery said.
Other City Hall veterans did not know what to make of the latest Herenton surprise, except to say that it is actually no surprise because the mayor has changed his mind so many times before.
"Unfortunately, he's got the ball and there's not a lot anyone can do about it," said former councilman Jack Sammons, who has been mentioned as a possible chief administrative officer in Lowery's interim administration.
Earlier Monday, Allan Wade, attorney for the Memphis City Council, said Lowery would not have to forfeit his council seat but must be a full-time mayor pro tem if and when Herenton resigns.
Wade issued his opinion before Herenton announced that he is "delaying [his] retirement date to July 30, 2009," instead of leaving this Friday.
In a five-page letter, Wade answered several questions about mayoral succession. He based his opinion on the City Charter, including charter revisions made in 2008 and approved in a public referendum. Among the questions his letter addressed:
When would a special election be held? "Since the next general or municipal election is scheduled to occur more than 180 days from July 11th, (the charter) requires a special election to be held to fill the office of mayor on or before October 11, 2009."
What should the City Council do next? "The council should adopt a resolution on this coming Tuesday with an effective date of July 11, 2009, requesting the Election Commission to hold a special election."
Can Lowery serve as both mayor and council member? "The mayor pro tem cannot serve simultaneously as city councilman and mayor pro tem."
Does Lowery have to give up his council seat? "Myron Lowery does not lose his seat on the council ... however, his status as a council member is frozen as of the date he takes office as mayor pro tem." The council will be comprised of 12 instead of 13 members.
Can Lowery appoint division directors? "As the mayor pro tem, Lowery would be authorized to fill any division director vacancies subject to approval of the City Council."
At his press conference, Lowery said he has been a "catalyst" for changes that have already occurred since Herenton made his original announcement. He was alluding to the retirement of CAO Keith McGee and three other Herenton appointees.
Comments (7)
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If Lowery could have kept his mouth shut for a week about firing all of Herenton's cronies, this wouldn't even be an issue.
Willie's resigning? Hahahaahhahahheeeheehee(holding my side)hooohoohahahahahahah(rolling on the floor)Whoa---wait a minute..I just saw a pig fly over my backyard.
If it's a twelve person council, what is the procedure to break a tie on a vote?
anybody remember shep wilbun? back in the 90s, herenton tapped him as HCD director, then pulled the rug out from under him after shep started acting like he had the job already. it was foolish of wilbun to ever trust the mayor: herenton purposefully keeps people off balance to gain advantage. the thing is, people forget that herenton was the creature of a few white memphis businessmen who were looking for the black anti-harold ford. people like jack belz, ron terry, and pitt hyde. their investment paid off for them.
Why is Lowery talking about revamping the Pyramid and the Fairgrounds as two of his top priorities?????? Isn't crime the biggest detractor in Memphis? Isn't crime the Number 1 deterrant in allowing would-be corporations and small companies to choose Nashville over Memphis? Lowery needs to re-think his situation if he plans to be an puposeful Mayor-Pro-Tem and certainly if wants to stand a remote chance in a special election.
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