Article IV — A RESIGNATIONS OF CITY OFFICERS AND OTHER APPOINTEES

Sec. 16.89-15. Method of Resignation.

Sec. 16.89-16. Effective Date.

Sec. 16.89-17. Vacancies in Office.

Sec. 16.89-18. Temporary Service.

(a) For purposes of this Article IV-A, the term “officer” shall mean any member of a board or commission or any department head listed in Campaign and Governmental Conduct Code Sections 3.1-103(a)(1) or (b)(1). The term “other appointed member” shall mean any other person appointed to serve on a City body (such as an advisory body) established in the Charter or by ordinance.

(b) An officer or other appointed member may resign by submitting a written resignation, as follows:

(1) By elected officers, to the Clerk of the Board of Supervisors; and

(2) By appointed officers and other appointed members, to the body or officer that appointed them.

(c) This Article IV-A does not in any way limit or modify those circumstances in which a resignation occurs by operation of law.

(d) It shall be against City policy for an appointing authority to ask or require a person seeking or being considered for appointment to a City office, or to any other City body (such as an advisory body) established in the Charter or by ordinance, to prepare, submit, or sign a letter of resignation before the appointment takes effect or as a condition of their reappointment. Once the appointment takes effect, the decision whether to resign shall rest with the appointee in their sole discretion, and the ability to resign under this Article IV-A may not be delegated or otherwise reassigned back to the appointing authority. The foregoing sentence does not prohibit an appointing authority from asking an appointee to resign at any point during the appointee’s tenure, or from removing or seeking to remove an appointee under the removal procedures set forth in the Charter.

(Added by Ord. 536-79, App. 11/6/79; amended by Ord. 24-23, File No. 221270, App. 2/23/2023, Eff. 3/26/2023)

Unless otherwise stated in the written resignation, a resignation shall take effect immediately at the time it is received:

(a) By the office of the Clerk of the Board of Supervisors, when submitted by an elected officer; or

(b) By the office of the appointing authority, when submitted by an appointed officer or other appointed member.

(Added by Ord. 536-79, App. 11/6/79; amended by Ord. 24-23, File No. 221270, App. 2/23/2023, Eff. 3/26/2023)

An office becomes vacant when the incumbent thereof dies, resigns, is adjudged insane, convicted of a crime involving moral turpitude, or of an offense involving a violation of his or her official duties, or is removed from office, or ceases to be an elector of the City and County, or neglects to qualify within the time prescribed by law, or within 20 days after his or her election or appointment, or abandons his or her office.

(Added by Ord. 536-79, App. 11/6/79; amended by Ord. 438-96, App. 11/8/96)

Upon the effective resignation of an elected or appointed official, other than the Mayor, the Mayor may ask said official to return to his office until a successor is appointed. Upon the consent of said official, he shall so serve. Such request and agreement shall be in writing.

(Added by Ord. 536-79, App. 11/6/79)