Maddox resignation takes another legal twist

It takes a team of lawyers and at least two legal opinions “for a guy to quit his job,” City Director Bill Maddox said Thursday with a laugh.

Bill Maddox, 75, notified city officials over the weekend (Feb. 6-7) that he would resign effective Dec. 31, 2010. He cited his wife’s impending retirement and family obligations are reasons behind the decision. Maddox also said he wanted to announce his resignation so his replacement could be elected on the November general ballot, thereby saving the city a cost of a special election.

So much for his good intentions.

On Feb. 9, Assistant City Attorney Wyman Wade Jr. said Maddox would have to resign prior to November because the law requires a vacancy to exist prior to the election.

Maddox said he would instead retire in early August to ensure enough time for the process to allow a November election.

What everyone failed to consider — even the attorneys — was that a primary election is also required for city director. In a Feb. 11 follow up letter from Wade, the primary election oversight was noted and a remedy suggested.

“(W)e believe that, in order for a candidate for the director’s position to be on the general ballot, their name must first appear on the primary ballot, which primary election is to be on the second Tuesday of August, i.e., August 10, 2010, preceding the municipal general election,” Wade explained in the Feb. 11 letter.

Wade offers this opinion as to a legal option: “In light of Director Maddox’s stated desire to resign in order to avoid the cost of a special election to the City of Fort Smith, it is our opinion that, since the next general election is scheduled for November 2, 2010, any resignation tendered by Director Maddox should be as of the first meeting of the Board of Directors in May, i.e., May 4, 2010. If the resignation is accepted by the Board of Directors, the Board could, if it so chose, then appoint Mr. Maddox to serve in the vacant seat until such time as someone could be elected.”

Asked on Thursday about the new opinion, Maddox said he still intends to resign and will do so at an even earlier date than planned so as to comply with the most recent legal opinion.

“I will re-resign, in a few days I guess,” Maddox said with through a chuckle, adding that the “simple thing” of resigning wasn’t as simple as he thought.