THE WEEK OF

NOVEMBER 29TH 2009 VOL 1 ISSUE 4

The Eternally
Vigilant
Cleveland Town Council Meeting
Tuesday, December 1st, 2009
The Cleveland Town Council will convene their
scheduled meeting on Tuesday, December 1st, 2009 at
7:00 P.M. This meeting will take place at the Cleveland
Town Hall. Every citizen of Cleveland is urged to attend
this meeting.
As many of you already know, the public has become very
aware of the inner workings of the Town Hall meetings,
and they have begun to show their disgust. It is urgent that
we have a huge turn-out at this meeting to ensure that we sickness, to relocation, to the holidays, many of
let our elected officials know that we mean business.
Everyone is encouraged to show up and practice their
Constitutional Rights. Bring signs that express your voice We need to hit the ground running and figure out
in the event that you are not able to speak.
Due to the cancellation of the past meetings, we cannot
expect much. We all need to attend to see if Larry actually more.
shows up to the meeting and so that much needed
questions can be asked.
If you wish to attend this meeting and do not have
transportation to make it, send an email to
(RetakeCleveland@hush.com) and arrangements will be get back to meetings as soon as possible.
made for you to be there.
A fondness for power is implanted, in most
men, and it is natural to abuse it, when
acquired.
Alexander
Hamilton,
The Farmer Refuted, February 23, 1775
RetakeCleveland Update
As many of you know, Cleveland has been
kind of quiet for the past week or so. From
us were so very busy.
exactly the path forward. It has been a few
weeks, and we all need to get back on the same
page so that we can put the pressure on even
There will be no meeting this week, due to the
disorganization of the holidays and the problem
of venue use with the cold weather. However we
are trying to feel out more options so that we can
In the mean time we would like to stress the
importance of using our network for
communication of information. Please, if you
have not already done so, join the facebook,
myspace, or the email list. We must start using
these means of telecommunication during these
cold winter months.
.

"Governments are
instituted among men,
deriving their just powers
from the consent of the
governed."
 Page Two VOL 1 ISSUE
VOL 1 2
1 ISSUE

RetakeCleveland: High Tech Options For

Cold Winter Problems.

Some very important options that we can utilize during the cold
winter months are kind of technical, but we are convinced that
everyone will be able to participate.

The first idea is a web conference. This option will allow us to all
meet at a certain place on the internet for a conference. If you have
speakers you can hear us, and if you have a phone you can talk.
INSERT
Word HEADLINE
of the Week HERE
This has to be completely moderated in order to keep order. I am not
sure of the cost right now but will get some figures shortly.
Continue newsletter text here. Continue newsletter text here. Continue newsletter text here.
fee·ble The second
(Adj) newsletter text here. Continue newsletter
Continue idea
text is by
here. word of newsletter
Continue mouth andtext
newsletters.
here. I feel that this
option is not
Continue newsletter text here. Continue newsletter ashere.
text consistent as the web conference option because of
(f b l) the lack of unity. Also the trials of life can cause this method to have
1. a. Lacking strength; weak. stalls and halts. As we all know when word as passed from mouth to
b. Indicating weakness. mouth some of the facts can become obscured.
2. Lacking vigor, force, or
We should also consider the power that we have with our email/
effectiveness; inadequate. See social network that we have created. This network has more power
Synonyms at weak. than many people understand, and can be used successfully for the
day-to- day operations of the group. Through Myspace and
Facebook, along without successful email network, we should not
have to get out in the cold weather to stay organized.
Take a moment to review the word of the week
and try to remember it in your daily routine. Any suggestions?

Quote of the Week

“A feeble executive implies a feeble
execution of the government. A “Those who expect to
feeble execution is but another phrase reap the blessings of
for a bad execution; and a government
ill executed, whatever may be its freedom, must, like
theory, must be, in practice, a bad men, undergo the
government.” fatigues of supporting
Alexander Hamilton, it.”
Federalist No. 70, 1788
555.555.5555
555.555.5555 --Thomas Paine, 1777
555.555.5555
email@address.com
www.webaddress.com
 VOL 1 ISSUE 2

Page Three
“The Weekly Rebuttal”

Honorable B. Boozer Downs, Jr.

Attorney for Town of Woodstock

Downs & Berg, L.L.P.

Post Office Box 65

Woodstock, Alabama 35188

M uni ci pal i t i es – M ayors – R es i gnat i ons –

Bi bb C ount y

An uncondi t i onal res i gnat i on of a publi c

offi ce i s effect i ve im m edi at el y, cannot be
wi t hdrawn, and need not be accept ed t o be
effect i ve.

Dear M r. Downs :

Thi s opi ni on of t he Att orney General is i s s ued i n res pons e t o your reques t on
behal f of t he Town of Woods t ock.

QUESTION

Whet her t he del i very of an uncondi ti onal res i gnat i on

by t he m ayor t erm i nat ed t he m ayor’s t erm of offi ce and
creat ed a vacancy in t he offi ce of m ayor?

FACTS AND ANALYSIS

Your reques t provi des that on Decem ber 3, 2002, M ayor Al bert Hut chi ns had
del i vered t o the ci t y counci l hi s uncondi ti onal res i gnat i on of t he offi ce of m ayor. The
res i gnat i on was not pos t dat ed and was not cont i ngent . On Decem ber 4, 2002, Hut chi ns
t urned i n hi s offi ce keys and town credi t card and cl eaned out hi s offi ce. Al s o, on
Decem ber 4, 2002, t he pres i dent pro-t em of t he town counci l as ked Hut chi ns t o
recons i der hi s res i gnat i on, and Hut chi ns decl i ned. On or about Decem b er 16, 2002,
Hut chi ns cam e t o the next regul ar m eet i ng of the counci l and want ed t o res um e hi s
offi ce. He pres ent ed a l et t er wi t hdrawi ng hi s res i gnat i on.
 VOL 1 ISSUE 2
Page Four
Thi s Offi ce has previ ous l y di s cus s ed t he procedure for proces s i ng res i gnat i ons of
m uni ci pal offi cers and the effect i ve dat es of t hos e res i gnat i ons . Opi ni on t o Honorabl e
Roger S harp, M ayor, Town of Val l ey Head, dat ed M arch 14, 1983, A.G. No. 83-00231.
That opi ni on rel i ed upon s everal Al abam a S uprem e C ourt deci s i ons t hat are di s cus s ed
bel ow. When a publ i c offi ci al t rans m i t s an uncondi t i onal res i gnat i on, and he i nt ends t hat it
reach t he aut hori t y enti t l ed t o recei ve it , hi s res i gnat i on i s effect i ve at t hat poi nt . St at e v.
Fit t s , 49 Al a. 402 (1873). The res i gnat i on cannot be wi t hdrawn, and i t i s im m at eri al that
t he res i gnat i on has not been accept ed. St at e v. Fow l er , 160 Al a. 186, 48 So. 985 (1909). A
pros pect i ve res i gnat i on, however, m ay be wi t hdrawn at any t i m e pri or to i t s accept anc e or
it s effe ct i ve dat e. McC l us key v. Lans del l , 571 So. 2d 312 (Al a. C i v. App. 1990).

In your cas e, it i s cl ear t hat Hut chi ns di d not m ake hi s res i gnat i on pro s pect i ve. It
was t o t ake effect i m m edi at el y, and therefo re, it coul d not be wi t hdrawn. Thus , a vacancy
was creat ed i n t he offi ce of m ayor. Vacan ci es i n ci t i es of l es s t han 12,000 i nhabi t ant s s hal l
be fi l l ed by t he ci t y counci l . ALA. C ODE § 11-43-42(b) (1989). The ci t y counci l m ay fi ll
t he vacancy wit h one of i t s m em bers or from t he qual i fi ed el ect ors of t he ci t y. Id.

CONCLUSION

An uncondi t i onal res i gnat i on of a publi c offi ce i s effect i ve im m edi at el y, cannot be

wi t hdrawn, and need not be accept ed t o be effect i ve.

I hope thi s opi ni on ans wers your ques t i on. If thi s Offi ce can be of furt her
as s i st ance, pl eas e cont act B renda F . Sm i t h of m y st aff.

Si ncerel y,

B ILL PR YOR
At t orney Gener al
By:

C AR OL J EAN S M ITH
Chi ef, Opi ni ons Di vi s i on

BP /B F S
87150v1/ 49068

“All men having power ought to be

distrusted to a certain degree.”
--James Madison, 1787