The City Council voted 7-2 on Tuesday not to appeal the court ruling allowing Commissioner Greg Beck to stay on the commission and also work as a bailiff in City Court.
Council members Leamon Pierce and Marti Rutherford were the only ones voting for the appeal.
Chancellor Howell Peoples had ruled in favor of Commissioner Beck, who was named to replace JoAnne Favors in District 5.
Councilman Pierce had earlier pushed for the suit, saying the city charter prohibited city officers from serving in government posts.
Chancellor Peoples found that Commissioner Beck is a city employee, not an officer.
Councilman Jack Benson said the council should clarify the ordinance on what is an employee.