Reason Behind the Resignation Delay

MEMPHIS, Tenn. - Mayor Willie Herenton touched on a "friendly lawsuit" in his letter to Chairman Myron Lowery.

Sources tell Fox13 it's not about city business, it is personal. Sources say the mayor delayed his retirement to buy time to control who takes over when he steps down, and there is some behind the scenes legal maneuvering going on.

From the moment the mayor signed off at his retirement announcement news conference, Council Chairman Myron Lowery was eager to step into the spotlight. As chairman, the charter says Lowery will serve as "mayor pro-tem."

And apparently, this has rubbed the Herenton the wrong way.

In a letter to Lowery, Herenton writes, "An immediate friendly lawsuit may be necessary" to work some issues out.

Rhodes Professor Stephen Wirls has been consulting the Memphis City Council on matters of the charter for nearly a decade.

"There's nothing here," says Wirls. "There's no case here."

He says the charter is clear when is comes to a mayoral resignation, but Herenton wants some clarification. In his letter, Herenton questions if the mayor pro-tem can also hold a city council position.

Wirls says the charter intends for Lowery to be able to hold both positions.

"I don't think there's any ambiguity on it," says Wirls. "He's still a member of city council, just acting as a mayor for a relatively short period of time."

But city council attorney Allan Wade has the opinion that Lowery cannot serve as both. He says Lowery must devote his full attention to mayor pro-tem, therefore "freezing" his council seat and leaving it vacant.

"This is temporary by charter, so there's no provision for temporary appointment," say Wade.

Wirls says the charter never dictates that a council seat should be vacant.

"That is an exceptional event because you are depriving a whole region of representation on the council," says Wirls. "If you look at Attorney Wade's letter, he really has to work hard to establish there is some kind of contradiction."

But sources say Herenton is looking for an attorney to take that opinion a step further, and say Lowery must permanently resign from his council seat or not be able to serve as mayor pro-tem. Sources says Herenton will use the next few weeks to find an attorney who will give that opinion and then will file the lawsuit, with the hopes to make Lowery chose between his council seat, and the mayor pro-tem spotlight.

Lowery says he does not take issue with not serving his council seat while he is the mayor pro-tem.