City of Tucson v. Jacobson

STRUCKMEYER, Vice Chief Justice,

dissenting:

I am unable to agree with the majority in their resolution of this case. The facts are uncomplicated; the legal consequences elementary.

Appellee, Joe Jacobson, was appointed as City Magistrate for the City of Tucson by Resolution No. 9496 of the City Council on April 28, 1975. The resolution provided:

“BE IT RESOLVED * * * [t]hat Joe Jacobson be and he hereby is, appointed a City Magistrate of the City of Tucson, Arizona, for the term commencing April 29, 1975 to and including April 28, 1977 * *

That the resolution was a present appointment, a complete…