City Councilman John "Duke" Franklin was calling fellow council members on Tuesday morning telling them he planned to resign from the council.
Councilman Franklin told council members he planned to focus on his defense in a case in which he was charged by federal authorities with money laundering and other counts.
He also said he would focus on the Franklin Funeral Home he recently established with his father and sister.
Council members Jack Benson and Sally Robinson were among the first to get calls.
Councilman Benson said, "He told me, 'I am resigning.' He was very upbeat."
Council Chairman Linda Bennett said Councilman Franklin also told her he was resigning, but she said she does not yet have a letter of resignation.
She said, "When he does, I will notify the council and the press."
Council members Debbie Gaines and Leamon Pierce objected to the council discussing the issue. Ms. Gaines said, "He is innocent until proven guilty. It will not be up to the City Council to determine his guilt."
City Attorney Randy Nelson said if a vacancy occurs, it would be up to the remaining council members to name an interim replacement.
Carol Oneal of the council office said she did not have any typed resignation letter yet.
The council voted not to further discuss the Franklin matter until there is an official resignation.
But Councilman Manny Rico said that was not fair. He said, "They were ready to throw Marti (Rutherford) under the bus before there was an investigation."
Election officials said it would be too late for the August election to have a District 5 contest. The next election after that is November.