Carbaugh, 122018 INAGO, AGO 2018-12

• Case Date: December 20, 2018
• Court: Indiana

The Honorable Martin Carbaugh AGO 2018-12 Official Opinion No. 2018-12 Indiana Attorney General Opinion State of Indiana Office of the Attorney General December 20, 2018          The Honorable Martin Carbaugh          State Representative          House District 81          200 West Washington Street          Indianapolis, IN 46204          RE: Meaning of the word "resignation" in Indiana Code § 5-8-4-1          Dear Representative Carbaugh:          You requested an opinion on whether under Ind. Code § 5-8-4-1 a resignation of rank is treated the same as a resignation of office.          REQUESTOR STANDING          Ind. Code § 4-6-2-5 contemplates that either chamber of the General Assembly may request, by resolution, an official advisory opinion of the Attorney General as to the constitutionality of an existing or proposed legislative enactment. The final clause of that same statutory provision grants to the Attorney General the discretion to render (or decline to render) opinions sought by individual state legislators about other matters, including questions of statutory interpretation having statewide significance and which are likely to recur while evading judicial review.          QUESTION PRESENTED          Is a resignation in rank a "resignation" as that term is used in Ind. Code § 5-8-4-1?          BRIEF ANSWER          No. Ind. Code § 5-8-4 et seq. establishes a statutory protocol for the unconditional relinquishment of an office which then creates a vacancy. A resignation in rank is essentially a voluntary demotion and does not create a vacancy in office.          BACKGROUND          A firefighter with the rank of Captain in the Fort Wayne Fire Department ("Department") sent an e-mail to the Chief of the Department informing him that "[he] would like to return as a private immediately." Shortly after sending the message, the firefighter changed his mind and attempted to rescind his action. The Chief treated the firefighter's e-mail as a request for...