Resignation from Public Office

Paul Sullivan, Legal Consultant, MRSC
January 2002

A new court of appeals decision has clarified when an official's resignation from an elective public office is effective. The court in Munroe v. City of Poulsbo held that the vacancy occurs upon the effective date of an elected official's resignation; acceptance of the resignation is not required to create a vacancy.

Poulsbo Councilmember Munroe's participation at a land use hearing was challenged by a member of the public. In response, the councilmember stepped down from the council, stating "You can take this as my formal resignation from the Council." Asked by another councilmember if she was actually resigning from the council, Councilmember Munroe stated "That's right," and left the meeting. The following day Ms. Munroe returned her key and city code book to city hall. Later, however, Ms. Munroe decided her resignation was a mistake and sought to withdraw it. The city attorney advised that the resignation was effective immediately and could not be withdrawn. Over Ms. Munroe's objection, the city council interviewed candidates and appointed a person to fill the vacancy. Ms. Munroe then filed a lawsuit arguing, among other things, that she could withdraw her resignation until it had been accepted by the council.

Under the common law, recognized by the Washington courts in a 1907 decision, a resignation required an acceptance before it would be effective and create a vacancy. Thus, until the elective body accepted a resignation, the resignation could be withdrawn, and the elected official could continue in office. The court in Munroe, however, noted that the state statute relating to vacancies in office was amended in 1981 so that now a vacancy occurs "upon the effective date of the resignation." RCW 42.12.010(2). Since Councilmember Munroe's announced resignation was effective immediately (she did not state, for example, "I am resigning effective next Tuesday") a vacancy was created upon her statement, and thus she was then unable to withdraw the resignation at a later date. The council's vote to fill the vacancy was effective.