By Melanie R. Holmes
AFRO Staff Writer
Confusion over what the Maryland Constitution declares as the legal process if the mayor is removed gave rise to a recent back-and-forth debate. (AFRO Photo/Mark Mehlinger)
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(October 29, 2009) - The indecision over who the governor should choose to fill Mayor Dixon’s seat in the event of her conviction on theft and perjury charges is an open and shut case in the mind of Baltimore City Solicitor George Nilson. According to him, there is nothing to debate.
“The governor has no role in the selection of a new mayor,” he said. “The governor does not have the authority to appoint a new mayor. The automatic succession goes to the [City] Council president.”
Confusion over what the Maryland Constitution declares as the legal process if the mayor is removed gave rise to a recent back-and-forth debate in the press, sweeping up community leaders such as NAACP President Marvin “Doc” Cheatham, who felt Council President Stephanie Rawlings-Blake should assume the mayoral seat.
An outdated provision, Article XI Section 6 of the Maryland State Constitution states, “The Mayor shall, on a conviction in a Court of Law; of willful neglect of duty, or misbehavior in office, be removed from office by the Governor of the State, and a successor shall thereafter be elected, as in case of vacancy.”
However, Nilson is referring to Article XV Section 2 of the Maryland Constitution adopted in 1974. The legislation states that if “any elected officer of the state, county or municipal corporation” is convicted of a crime during their term of office, the official shall be suspended and the office is to be filled by the person who ordinarily succeeds the position.
“If the conviction is final, then the office is assumed permanently by the successor,” Nilson said.
The real conflict is deciding which provision of the state Constitution applies, but Attorney Neal Janey said no judge has ruled on that yet. Currently, both provisions are still on the books.
“Until a judge makes that ruling…Article XV does not repeal Article XI,” Janey said. “If Article XV applies in this situation, then the mayor will be suspended and Stephanie Rawlings-Blake will become the acting mayor. But if a judge rules that Article XI applies, then the governor will remove her from office and call for a special election.”