District Attorney Bill Cox said Tuesday evidence does not warrant proceeding with the ouster of East Ridge Mayor Mike Steele.
Neal Pinkston, assistant to Mr. Cox, said the state attorney general's office also agrees with that assessment.
D.A. Cox said use of the ouster petition is a "drastic measure" and should only be used against a "corrupt" official and not one who has simply made mistakes.
A group of East Ridge citizens had filed an action in criminal court seeking the removal of Mayor Steele.
Jackie Fulks, a leader in the ouster drive, said Mr. Cox or Mr. Pinkston had never met with the citizen group.
Judge Don Poole reset the case for Feb. 2 to give the ouster group time to decide if it wants to proceed on that date.
Mr. Pinkston said the D.A. office reviewed the case and found there was "not a factual or legal basis" for proceeding against Mayor Steele.
He said the district attorney's office had filed notice "that we are no longer aiding or assisting in the matter."
Mr. Cox said his office "only has a duty to proceed with actions that are warranted. If the citizens of East Ridge wish to continue, that's fine with us." He said if his office finds a corrupt official, then action will be taken at the close of an investigation, not at the beginning.
He said Mayor Steele "was elected by the citizens of East Ridge, not just by these 10 freeholders."