investigativevoice.com

By Stephen Janis

The continuing legal troubles of Baltimore Mayor Sheila Dixon has prompted the Maryland State Conference of the NAACP to approve a push for legislation that would limit the governor options for choosing a new mayor, if she is convicted of misconduct while in office.

The conference voted at its convention this weekend in Columbia to endorse a resolution seeking support from the legislators to pass a law that would change procedures outlined in the state constitution governing mayoral transitional in the event Dixon, or any other mayor, is convicted while serving.

“We are friendly with the mayor,” said Roland Patterson Jr., head of the NAACP’s legal redress committee. “But it appears that there is the possibility she could be convicted, and if so, we want to make sure the law is clear.”

Citing a loophole in the state constitution that would allow the governor to appoint anyone to the city’s highest office if a sitting mayor is convicted of “misconduct,” NAACP officials said they want the law changed to ensure that either the city council president automatically becomes mayor, or that a specially appointed successor could not run in a special election.

“In a majority African-American town the governor could technically appoint a white mayor,” said Marvin “Doc” Cheatham, president of the Baltimore Chapter of the NAACP. "Or in a traditionally Democratic city a Republican governor could appoint a Republican mayor."

The city charter designates the city council president as the successor if the sitting mayor dies in office or resigns. But the state constitution supersedes the city charter if the mayor is convicted of “misconduct" while in office, Patterson said, granting the governor right to appoint anyone to the post and set a date for a special election, powers that Patterson said are ill-defined.

“The issue is what happens between the time the governor makes the appointment and the special election,” Patterson said.

“In the 21st century it could plausibly take quite a long time to set up a special election,” he said.

The constitution is also unclear as to how soon, or if ever, a special election would be held. The intervening time between appointment of a new mayor by the governor and election, as well as the flexibility afforded the governor needs to be addressed, officials said.

“We don’t have any issue with Mayor Dixon, we are supportive,” Patterson said. “But this has to be addressed.”

The proposed legislation, which the organization plans to bring to the state’s black legislative caucus soon, would bar any person appointed by the governor from running for mayor in the special election.

Another proposal would create legislation that would legally designate the city council president as the automatic successor, barring the governor from choosing.

“Basically the worst-case scenario is we want an interim mayor to be a caretaker until the special election, not an incumbent,” Patterson said. 

Both Cheatham and Patterson said the NAACP is concerned an appointee could be out of sync with the city electorate, using the time between his or her appointment and the special election to consolidate the power and run as unelected incumbent.

The only scenario that Patterson said remained somewhat unclear is if Dixon appealed her conviction while in office.

“I can’t speak on that directly,” Patterson said. “But it’s doubtful an appeal of the criminal conviction would change the governor’s powers.”

Dixon has been under investigation by State Prosecutors since 2006, when it was revealed that she voted to approve contracts with the city that employed her sister Janice while serving as president of the city council.

Prosecutors indicted Dixon last year on 12 counts of perjury, theft and misconduct, but a judge later threw out the perjury charges after agreeing with her attorneys that she had legislative “immunity” from prosecution for her actions as a legislator.

But prosecutors indicted Dixon in August on new perjury charges, this time bolstered by the cooperation of her former boyfriend Ronald Lipscomb, from whom Dixon is accused of receiving undeclared gifts. Last week a judge tossed a motion by her lawyers to have the perjury charges dismissed, a ruling her lawyers have appealed.

State Delegate Jill P. Carter said she would give the proposal “half-hearted support.”

“I have little enthusiasm about any of the status quo or the political elite being mayor, whether appointed or elected.”

Dixon's trial for stealing gift cards is scheduled to begin November 9th.

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