Eternally Vigilant Issue4

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.

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 already know, the public has become very aware of the inner workings of the Town Hall meetings, As many of you know, Cleveland has been and they have begun to show their disgust. It is urgent that kind of quiet for the past week or so. From 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. us were so very busy. 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. exactly the path forward. It has been a few weeks, and we all need to get back on the same Due to the cancellation of the past meetings, we cannot page so that we can put the pressure on even 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. 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 If you wish to attend this meeting and do not have are trying to feel out more options so that we can transportation to make it, send an email to ([email protected]) and arrangements will be get back to meetings as soon as possible. made for you to be there. 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."

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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. 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.

INSERT HEADLINE Word of the Week

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option is not ashere. consistent as the web conference option because of Continue newsletter text here. Continue newsletter text the lack of unity. Also the trials of life can cause this method to have stalls and halts. As we all know when word as passed from mouth to mouth some of the facts can become obscured.

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We should also consider the power that we have with our email/ social network that we have created. This network has more power 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 feeble execution is but another phrase for a bad execution; and a government ill executed, whatever may be its theory, must be, in practice, a bad government.” Alexander Hamilton, Federalist No. 70, 1788 555.555.5555 555.555.5555 555.555.5555 [email protected] www.webaddress.com

“Those who expect to reap the blessings of freedom, must, like men, undergo the fatigues of supporting it.” --Thomas Paine, 1777

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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.

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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