Members of the Coalition of Concerned Citizens for Local Government include state Rep. G.A. Hardaway (left); Rev. Leonard Dawson, president of the Memphis Baptist Ministerial Association; Dr. L. LaSimba Gray Jr., vice president of Operation PUSH; Rev. Dwight Montgomery, president of the local Southern Christian Leadership Conference; and Rev. Stanford Hunt (not pictured), assistant pastor of Beulah Baptist Church. (Photo by Wiley Henry)

The cloud of confusion positioned over City Hall and the mayor’s office has not cleared and showed no signs of dissipating after the City Council meeting on Tuesday.

With Mayor Willie Herenton adamant (at least verbally) that he is going to step aside July 30 – rather than July 10 as he first declared – the Council split 7 to 6 in favor of a resolution requesting the Shelby County Election Commission hold a special election for the office of mayor.

Among the complications is Herenton’s decision to rescind all his previous letters regarding his declaration to step down and not complete his fifth term.

Council members voting to pass the resolution were Bill Morrison, William C. Boyd, Jim Strickland, Kemp Conrad Shea Flinn, Reid Hedgepeth and Myron Lowery.

Harold B. Collins, Wanda Halbert, Edmund Ford Jr., Barbara Swearengen Ware, Janis Fullilove and Joe Brown voted against the resolution.

“They want to force him (Herenton) out of office,” Brown contends.

More than a week ago, Brown asked the mayor to stay, “because I thought about the setback to African Americans and because of (Council Chairman) Myron Lowery’s actions before becoming mayor pro-tem.”

Flinn said Herenton should make up his mind if he is going to leave office or not. “I take the mayor at his word that he will resign on July 30,” he said.

Strickland said there needs to be continuity on the resignation issue. “We need to accept the mayor’s resignation and let the Election Commission know there needs to be a special election.”

Flinn pointed out that the resolution could be amended if Herenton resigns at a later date. “It’s in the mayor’s court now,” he said.

The whole matter of Herenton’s retirement/resignation is dividing the community and unleashed an ugly spirit at City Hall, Halbert said about Tuesday’s committee meeting.

“It was very divisive, very personal and mean-spirited,” said Halbert. “I think the mayor should have thought about this and not cause the city to be divided.”

Halbert wondered aloud about how a decision could be made based on a rescinded resignation. “He didn’t give us a final date. So we shouldn’t have taken action.”

Halbert said she didn’t understand why the resolution was written in the first place.

“According to the Council attorney (Allan Wade), once the mayor gives a date, in order for it to be official, there has to be a vacancy,” said Halbert, adding that she thinks it is unethical for a (legislative) body to try to force a mayor to leave.

“He issued three letters,” she said. “The last one said he was rescinding the July 10 letter.”

So why the resolution?

“The city attorney, Elbert Jefferson, told the Election Commission that he would present a resolution to the City Council declaring a vacancy,” Lowery explained. “This was before the mayor sent out his second letter.”

The attorney only reaffirmed what the mayor said Tuesday that he would resign, Lowery said. “The mayor said he would resign. He said it publicly, privately and to the city attorney.”

Strickland posed this question: “Assuming he had an effective resignation and knowing we accepted it Tuesday, does that lock him in place or can he change his mind under the law?”

The answer is unclear, Strickland said.

Earlier Tuesday morning, a group calling itself the Coalition of Concerned Citizens for Local Government attempted to persuade Herenton to push back his retirement to Feb. 20, 2010.

Dr. L. LaSimba Gray Jr., local vice president of Operation PUSH and pastor of New Sardis Baptist Church, pointed out three reasons why the mayor should remain in office.

“It will save the city and county approximately a million dollars by not forcing us to have a special election; give (citizens) time for an orderly transition in government; and settle the unresolved issues of the separation of legislative powers verses executive powers.”

Since the mayor wasn’t informed beforehand of the group’s concerns, Rev. Dwight Montgomery, president of the local Southern Christian Leadership Conference, decided he and two others would pay an impromptu visit to the mayor on the seventh floor of City Hall.

After the meeting, Montgomery said the mayor was firm in his decision to step down July 30.

“He said he’d made up his mind that July 30 will be his last day. He said he made a promise to his son regarding their business venture and wanted to focus his attention on the 9th District race.”

Lowery said the group has a right to express its views.

Brown, a classmate of Herenton’s at Booker T. Washington High School, said Herenton’s decision to leave before finishing his fifth term, which ends 2011, could open the door for the wrong person to become mayor. He didn’t amplify.

“It’s not over until the fat lady sings,” he said. “I’m very disappointed in his (Lowery) actions right now.”

The debate over whether Lowery can retain his council seat and serve as mayor pro-tem is ongoing.

“He can’t serve in both positions,” Halbert said, “although the Charter allows it to occur. The Charter also says a vacancy on the Council must be filled after 30 days.”

A challenge from either side could result in a lawsuit possibly from the mayor himself, Halbert said.