Daly seeks City Attorney analysis
on Newsom mass resignations
Supervisor Chris Daly
From the Office of Supervisor Chris Daly
September17, 2007, 7:00 p.m.
To: City Attorney Dennis Herrera
From: Supervisor Chris Daly
Re: Mass resignation legal issues
I am in possession of dozens of apparent resignation letters
from both Department Heads and Commissioners submitted to the
Mayor last week.
I am requesting a written analysis of the legal issues surrounding
these apparent resignations.
I am concerned that several resignations may have inadvertently
been made effective immediately, including that of Acting Human
Resources Director James Horan.
Another 20 or so resignation letters were submitted with an effective
date in January. In other words, these were not just offers of
resignation or contingent on some other action. These included
the heads of some of the City's largest departments including
Health Director Katz, DPW Director Abadi, Recreation and Parks
GM Agunbiade, and Port Director Moyer.
Several dozen resignation letters referenced "acceptance"
by the Mayor of San Francisco.
Several dozen "resignation" letters were just offers
I am seeking written advice on which employees and Commissioners
have effectuated resignations and what the transition process
is for these vacated positions. I am also interested in the legal
definition of "acceptance" and any provisions that allow
the Mayor to "accept" or not "accept" resignations
and/or resignation offers. If these provisions exist, how would
this acceptance or non-acceptance be exercised? I am also interested
in any recommendations, legislation or otherwise, on how to handle
the current situation or any other like it in the future.